Welcome to Bayali Limited (Company No 13437041), with a registered office address at 20-22 Wenlock Road, London, England, N1 7GU (“Bayali").
In these terms, we also refer to Bayali as “our”, “we, or “us”.
And you are you!
You can contact us for any enquiries or requests regarding your order at email@example.com.
What are these terms about?
These terms apply when you use this website, being www.bayali-store.com and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase products through this Website (“Products”).
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
- Part A: Terms for when you buy Products (applies when you buy)
- Part B: Terms for when you browse and interact with this Website (applies when you browse)
- Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.
The Consumer Rights Act 2015 requires that all goods we provide are as described, fit for purpose and of satisfactory quality and so nothing in these terms affects statutory rights.
During the expected lifespan of your product, you’re entitled to the following:
- up to 30 days: if your goods are faulty, you can get a refund;
- up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases; and
- up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
This is a summary of some of your key rights. It is not intended to replace the contract below, which you should read carefully.
For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call +44 (0) 808 223 1133.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
PART A - For When You Buy Products
1. SUBMITTING AN ORDER
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
2. ACCOUNTS(a) To submit an Order and/or to purchase a Product, you may be required or have the option to sign-up, register and receive an account through the Website (an Account).
(b) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(d) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
(e) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
(a) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order.
(b) Because many of our Products are handmade, the Product you receive may not exactly match the image on our Website in appearance, colour, design and size due to natural variations in the creation process. Any images on our Website should be taken as a guide only, and no two handmade Products will be exactly the same.
(c) Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.(d) We may periodically change the Products available for purchase on our Website. We do not guarantee that we will continue to supply any particular Products on our Website from time to time and reserve the right to discontinue the sale of any particular Product without notice to you.
(e) We may offer a waitlist for Products that are out of stock. We will endeavour to notify you if the particular Product you would like to purchase is back in stock, however make no guarantees that we will inform you of this or that the Product will become available in the future.
(f) Until the price of your Products is paid in full, title in those Products is retained by Bayali. Risk in the Products will pass to you on delivery in accordance with clause 5. Delivery must not be refused by you.
(a) All prices are:
(i) per unit (except where indicated);
(ii) in the currency as displayed at the time of placing your Order, depending on your location; and
(iii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
(c) (VAT) Unless otherwise indicated, amounts stated on our Website do not include VAT, or no VAT is payable for that supply. In relation to any VAT payable for a taxable supply by us, you must pay VAT subject to us providing a tax invoice.
(d) (International Orders) Approved international orders may be subject to additional customs and import duties. We will endeavour to notify you of any such additional costs at the time of check-out.
(e) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products, including Shopify Pay and Stripe. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your Order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
5. DELIVERY AND SHIPPING(a) (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
(b) (Delivery Details) Bayali may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
(i) delivery is to the delivery point specifically accepted by Bayali; and
(ii) we will deliver the Products to you in accordance with the shipping information displayed on our Website.(c) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with timing of delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your Order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
(d) (Damaged Products) We will endeavour to ensure that fragile Products are securely wrapped to limit damage incurred in transit. If Products are damaged in transit, please contact us as soon as possible so that we can rectify the issue.
(e) (International Orders) Bayali reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your Order being held at customs. Unless we notify to you that any customs and import duties are included in the fees, we will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
6. PICK UP IN STORE
(a) We may, from time to time, offer a pick-up in store option at the time of check-out. Orders placed for in store collection will entail the same terms and conditions as set out in this agreement, subject to the below.
(b) Orders placed online cannot be returned in store.
(c) Please contact us if you would like to return any Products purchased in store, and we will confirm the options available to you.
7. CHANGES TO YOUR ORDER
7.1 CANCELLATION BY US
We reserve the right to cancel your Order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
7.2 CANCELLATION BY YOU
You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you, subject to the rest of this clause 6 - our refunds and exchanges process may apply.
7.3 CONTRACTS THAT CAN BE CANCELLED FOR CHANGE OF MIND
(a) For many contracts for the sale of goods (except those set out in clause 4), you have the right to cancel Part A of these terms (as they relate to the good) within 14 days without giving any reason.
(b) This cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the relevant Products.
(c) To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement to us in writing, for example by emailing us using the contact details available on our website.
(d) To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
(e) Products must be returned in the same condition in which they were received, including:
(i) unworn, unwashed and without damage;
(ii) with the packaging you received in the Products in; and
(iii) with proof of purchase.
7.4 CONTRACTS THAT CANNOT BE CANCELLED FOR CHANGE OF MIND
(a) We do not offer change of mind cancellation for contracts for goods that are made to your specifications or are clearly personalised.
(b) For these goods, we are under no obligation to offer a refund under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
(c) This does not affect your statutory rights in relation to faulty goods, as set out in clause 5.
7.5 FAULTY GOODS
(a) For all goods purchased, you have statutory rights if your order has been damaged in transit or the goods were not of satisfactory quality or as described, which may entitle you to a replacement or refund. Nothing in this clause 5 will require us to provide a refund, repair or replacement in respect of loss or damage to goods caused by you, or otherwise caused to the goods after they entered your possession including damaged caused by fair wear and tear.
(b) If you do have the right to cancel these terms due to the relevant Product(s) being faulty, we will reimburse to you all payments received from you in respect of the relevant Product, including the cost of delivery (except for any supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
7.6 RETURNS PROCESS
(a) If you wish to cancel this contract:
(b) We will use the same method of payment for issuing any refund owed to you using the method you used for your initial payment, unless we have expressly agreed otherwise.
(c) You will be responsible for paying postage costs on any Products you return to us, unless the Products are determined faulty in accordance with clause 5. All Products should be returned using tracked Royal Mail Special Delivery and with insurance in accordance with the value of the item purchased. You will be liable for any loss suffered (including failure of a return Product to be delivered to us) if you do not comply with this clause 7.6(c).
(d) We may make a deduction from any reimbursement issued to you for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
(e) We will pay any refund owed to you without undue delay, and not later than:
(i) 30 business days after the day we received back from you any goods supplied;
(ii) (if earlier) 30 business days after the day you provide evidence that you have returned the goods; or
(iii) if there were no goods supplied, 30 business days after the day on which we are informed about your decision to cancel this contract (if applicable).
(f) To the extent permitted by law, any customs and import duties paid are not refundable for deliveries outside of the European Union.
(g) For any valid cancellation under clause 1, we may withhold reimbursement until we have received the relevant goods back from you or you have supplied evidence of having sent back the goods, whichever is the earliest.
(h) For any requested refund under clause 5, we may withhold reimbursement until we have inspected the relevant goods, to ensure that they are faulty, and that a refund or replacement is appropriate.
(i) you must send back the goods to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from these terms to us (if this clause 6 is applicable). The deadline is met if you send back the goods before the period of 14 days has expired;
(ii) you will have to bear the direct cost of returning the goods;
(iii) you must provide us with an image of the packaged goods and postage tracking number; and
(iv) you will only be liable for any diminished value of a good resulting from your handling of the good to the extent that handling wasn’t necessary to establish the nature, characteristics and functioning of the good.
8. INTELLECTUAL PROPERTY
(a) Bayali retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
(b) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in the United Kingdom and throughout the world.
9. THIRD PARTY SUPPLIERS
(i) outsource any part of performing any services related to providing the Products, including delivery of your Products; or
(ii) procure materials and Products from third party suppliers,
without further notice to or permission from you.
(b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.
PART B - For When You Browse This Website
10. ACCESS AND USE OF THE WEBSITE
11. YOUR OBLIGATIONS
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of Bayali, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
12. INFORMATION ON THE WEBSITE
(v) any information provided through the Website is accurate or true.
13. INTELLECTUAL PROPERTY
(a) Bayali retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Bayali or as permitted by law.
(c) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in the United Kingdom and throughout the world.
14. THIRD PARTY TERMS AND CONDITIONS
(a) You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
(b) You agree to any Third Party Terms applicable to any third party goods and services, and Bayali will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
15. LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
16. THIRD PARTY PLATFORM
(a) This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: insert if known.
(b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
Bayali does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
18. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
PART C - LIABILITY AND OTHER LEGAL TERMS
(a) To the extent possible under applicable consumer laws, you accept and acknowledge that the Products, any related services, our Website and any content supplied to you via the Website are provided on an “as is” and on an “as available” basis. We disclaim all representations and warranties, express, implied or statutory not expressly set out in these terms including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, we make no guarantee regarding the reliability, timeliness, quality, suitability or availability of our service or Website or any content supplied to you via them.
(b) Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
(i) losses that were not foreseeable to you and us when the contract was formed;
(ii) losses that were not caused by any breach on our part;
(iii) business losses; or
(iv) losses to non-consumers.
(c) We are not responsible for events outside our control. If the provision of our Products, any related services or our Website is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Products or services you have paid for but not received.
(d) Financial cap on our liability. If we are liable to you in connection with the provision of our Products, any related services or our Website, to maximum extent permitted under applicable law, in no event will our liability, and the liability of our parents, subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance exceed the amount of fees you pay to us in the 3 months prior to the action giving rise to liability.
20. DISPUTE RESOLUTION
(a) Please contact us at firstname.lastname@example.org if you have any complaints or concerns about your Order, and we will endeavour to rectify the issue.
(b) A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory injunction, unless that party has complied with the requirements of this clause.
(c) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
(d) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
21. Your privacy and personal information
22.1 GOVERNING LAW AND JURISDICTION
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
22.2 THIRD PARTY RIGHTS
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
22.5 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
22.8 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to £, or “pound”, is to the British pound;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(j) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party,
whichever is earlier.