Welcome to www.vayafashion.com. We hope you will enjoy the Vaya Fashion exquisite shopping experience. By accessing this website you agree to these terms and conditions (called the ‘Terms’ hereafter). 

www.vayafashion.com (the 'Website') is owned and operated by Vaya Fashion SE, a sole establishment incorporated under the regulations of the Department of Economic Development in Dubai ('DED') in the United Arab Emirates ('UAE') with commercial license number 842947 and its registered office at PO Box 122531, Dubai, United Arab Emirates.

Website Terms

To be eligible to purchase Items on this Website you must:

1. a)be the holder of a valid debit/credit card.
2. b)warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects.

If your personal information changes then please notify us immediately by contacting Customer Care on the following email contact@vayafashion.com

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.

By using this website you agree to comply with, and be bound by, these Terms.

We may from time to time change these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with, and be bound by, the Terms as changed.

Eligibility

We aim to make the Website and its associated services available to as many of you as possible. However, we do require that you are at least 18 years of age, able to lawfully:

• make payment through one of our accepted tender types;
• agree to these Terms; and
• enter into binding Orders with us.

The Website is for your personal or gift use only and commercial usage is not permitted. 

Registration

In order to take advantage of the features and services of this Website, you can either utilize the Website on a “guest check-out” basis or create an Account and register your details with us. It is your ongoing responsibility to make sure that any personal and payment details you provide to us are valid, accurate and complete. You can update your details by contacting us at contact@vayafashion.com  or updating them in your Website profile. Please keep your account details and password confidential and secure. Our customer service agents will never ask you for your password. We are committed to complying with our Privacy Policy but are not responsible for any loss suffered through misuse of those details. Please notify us as soon as possible if you believe your account has been compromised. By registering or placing an Order on the Website you warrant that you meet the Eligibility criteria described above and that the information you provide is yours and is accurate in all respects. For commercial enquiries please reach out to our commercial team via email at contact@vayafashion.com. 

Orders

To place an order, you must add items to your shopping bag, enter your billing/shipping address, input your delivery details and choose your payment method to complete your order.

When you place an Order with us, you commit to buy the items described in that Order, at the price indicated including any delivery fees, taxes and duties where applicable.

All orders are subject to Vaya Fashion’s acceptance and availability, which we may withhold in our sole discretion including for reasons such as ineligibility, inability to confirm payment authorization, suspected fraud, shipping restrictions and stock availability. Items in your Website basket are not reserved until your Order is paid for.

The Website may contain or provide information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be available immediately upon Order placement. Unfortunately, we cannot guarantee that an item stated to be available will actually be available right away, as inventory can change significantly throughout the day. In rare cases, a product may be available when you place an Order but sold out by the time we process the Order. Should this happen, we will notify you immediately and initiate a replacement or refund process, based on your will and choice.

Receipt of your Order will be acknowledged by email. However, the Order is only confirmed when you receive a notification from us confirming dispatch of the relevant item(s). No party other than us has the authority to confirm acceptance of the Order.

Payment

We currently accept the following tender types for Orders placed on our Website: Visa, Mastercard, American Express, Apple Pay. Payment will be taken at the time you place your Order. By entering payment details onto our Website, you warrant that you are duly authorized to pay using those details. We reserve the right to decline orders without liability to you where we believe payments are not authorized, the payment method is not valid or where we do not think you are authorized to use to utilize the relevant tender type.

Vaya Fashion provides all possible payment options for our customer's convenience. For payments made via Credit Card, Debit Card or Apple Pay, we may request additional personal documents, such as a passport copy or ID card with photo, in order to confirm your order. This is required to verify the identity of the buyer and protect the cardholder against any possibility of fraudulent payments. Vaya Fashion reserves the right to suspend or terminate the payment options available on your account and refuse any and all current or future use of the payment options available on the site (or any portion thereof) if it suspects there is fraudulent or suspicious activity. The Website is not liable or bound to inform or send specific communication to the user regarding the changes to your payment options on the website (or any portion thereof). It is the customer’s responsibility to get in touch at contact@vayafashion.com in order to get the payment options reactivated.

Prices

Prices on the Website are displayed in AED, and include the UAE 5% VAT tax, while it exclude any services you may elect to pair the purchase with, delivery costs, taxes or duties to which the purchase may be subject. Any such additional costs will be displayed before your final check out.

Where you purchase using a payment card denominated in a different currency to AED, the payment will be subject to the currency exchange rate applied by your card issuer at the time your payment is completed.

The destination you ask us to deliver to, the items & services you select and the method of delivery you choose will dictate what delivery charges, taxes and duties apply (if any). Please refer to our Shipping & Delivery section for further details on delivery options.

Although we make every effort to ensure prices displayed on our Website and in our communications are correct, errors may occur. If an error occurs and your Order:

1. has already been processed, then we may at our discretion:
2. cancel the Order (or part thereof), arrange for collection of the mis-priced item(s) from your original Order delivery address in the UAE and issue you a full refund including original Order delivery fees, taxes and duties (if applicable);
3. where the price you paid is lower than the actual price of the item, honour the price in your Order; or
4. where the price you paid is higher than the actual price of the item, refund you the difference;
5. has not yet been processed, then we will notify you as soon as possible and only process the Order (or part thereof) once you have confirmed you are happy to buy at the correct price or otherwise cancel the Order (or part thereof) and refund your payment in full.

Promotional Codes

Promotional codes are valid only in accordance with their terms, until the date stated, can be used only once, are not redeemable for cash and cannot be used in conjunction with any other offer, sale or promotion. They are personal to you and cannot be transferred to third parties.

Product Liability

By placing an Order through our Website, you acknowledge and agree that full liability for the products rests with the manufacturer and that we carry no product liability for those items save as described in the Returns section in relation to returning the products and refunding the price paid (where applicable).

Intellectual Property Rights

Your use of the Website and its contents does not grant you any copyright, design, trademark or other intellectual property rights relating to the Content (as described in the Content section below), including our software, HTML or other code contained in the Website. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Website is typically protected by national and international intellectual property laws and treaties. You are permitted to use the Content only as expressly authorized by us or the licensor of such Content. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, linking, commercially exploiting, copying and use of the above listed materials on any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

Content

In addition to the Intellectual Property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Website. We have made every effort to ensure that the information on the Website accurate and complete but we cannot promise that Content is error-free. We also do not promise that the functional aspects of the Website or Content will be error free or that this Website or the servers that make them available are free of viruses or other harmful components. We always recommend that you have up to date virus checking software installed.

User Generated Content 

By providing a review you agree to be solely responsible for the content of all information you contribute. You also grant us a right to use any content you provide for our own purposes including republication in any form or media. Comments may be moderated and may not be displayed immediately but we do not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please reach out via email at contact@vayafashion.com. We reserve the right in our sole discretion not to publish or to remove any comment including those that we believe may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This Website is available to the public and therefore information you consider confidential should not be posted to this Website.

Descriptions

At the time of publication on our Website, all product descriptions are believed to be accurate. We also strive to represent the products on our Website as accurately as possible, however colours and resolution may vary depending on your monitor’s display. All measurements and weights are approximate.

No Warranty 

Except as otherwise provided in these Website Terms or required by applicable law, we make no representation, covenant or warranty and offer no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of Website membership, any Content, or any products purchased through the Website. 

Your use of the Website is at your sole risk and it is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the Website at any time. Save as required by law, we make no warranties that access to the Website will be uninterrupted or error-free; that the Website will be secure; that the Website or the server that makes the site available will be virus-free; or that information on the site will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. If you download any content from the Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer or loss of data that results from the download of any such content. No advice or information obtained by you from the Website shall create any warranty of any kind.

Liability

Save for death or personal injury arising out of our negligence or as required by law, under no circumstances shall we, our affiliates, employees, directors, officers, agents or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Website, including, without limitation, damages for loss of profits, loss of goodwill or loss of data. Without prejudice to the foregoing, in no event will we be liable for any amounts in excess of the amount paid by you for the product(s) in respect of which the claim arose.

Nothing in this Agreement is intended to impact any rights you or we may have under applicable law. We are committed to respecting individual rights including but not limited to moral, cultural and religious rights as enshrined in applicable law.

Indemnity

You agree to defend, indemnify and hold us, our directors, agents, affiliates, licensors and suppliers harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of the Website Terms, including the use by third parties accessing the Website using your account caused by your action or inaction.

Entire Agreement

You acknowledge and agree that these Website Terms constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any items through the Website, and supersede and govern all prior proposals, agreements, or other communications.

No Waiver

Any failure to exercise or any delay by either party in exercising its rights or remedies under these Website Terms shall not be construed as a waiver thereof. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law.

Illegality

If any provision of these Website Terms is held to be illegal or unenforceable, the remaining Website Terms (or parts thereof) will not be affected and will remain in full force and effect.

Language

These Website Terms are published in English.

Disputes and Governing Law

This Website Terms are governed by the federal laws of the United Arab Emirates and the laws of the Emirate of Dubai and all disputes arising here under are subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.

General

You acknowledge and agree that these Terms, together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any items from Vaya Fashion, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms.

We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

We reserve the right to refuse to supply Items to any person for any reason whatsoever, to withdraw any Items from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Items from this Website whether or not such Items have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

If you have any questions regarding these Terms, please contact us by email at contact@vayafashion.com