Using our Website and Buying Goods Online

Terms & Conditions of Use of the Website

Welcome to the FIYAH Website. By continuing to use this Website, you are indicating that you accept these Terms & Conditions of Use. If you do not agree to be bound by these Terms & Conditions of Use you should immediately stop using the Website.

Please note that any purchases you make on this Website will be governed by our Terms & Conditions for Buying Goods Online.

Please also read our Privacy Policy for details about data protection and how we use the personal information you give us through this Website.

You can print out any page from this Website, including any of its Terms & Conditions, by selecting Print from the File menu of your internet browser.

Definitions

"We" and "us" means FIYAH Limited.  FIYAH is a trading name of FIYAH Limited.

"Website" means the website at www.fiyah.com

"You" means the person using the Website whether as a guest or as a registered user.

The Terms & Conditions quoted here also apply to any of our content displayed on agreed third party websites.

Website content

All copyright, trademarks and other intellectual property rights in all materials or content contained in the Website are owned or licensed by us (unless otherwise specified) or are the property of third parties offering goods for sale or posting details through this Website.

Except as specifically authorised below, you may not do any of the following without obtaining our prior written consent:

copy, reproduce, distribute, republish, download, display, post, transmit, commercially exploit or create derivative works of any part of the Website. This prohibition applies, but is not limited, to the text, graphics, animations, photographs, pictures, data, images, audio and video clips available from the Website; download, edit, reproduce or use any material and content contained within the Website for the purpose of advertising, promoting, endorsing or implying any connection with you or any third party; utilise any data mining, robots, or similar data gathering/extraction tools to extract (whether once or many times) for re-utilisation, any substantial parts of the Website; or create and/or publish your own database that features substantial parts of this Website (including without limitation prices and product listings). You may print or download any page(s) for your own personal and non-commercial use only. If you have any doubts about what you can do, please go to our Contact Us page to apply for permission to reproduce the Website or any part of it.

Your obligations

You will not:

• use the Website (or any part of it) for any illegal purpose and agree to use it at all times in accordance with all relevant laws;
• upload or transmit through the Website (i) any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or (ii) any material, including without limitations, any comments which are defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
• use the Website in a manner which (i) may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired or (ii) violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
• create or publish a hypertext link to any part of the Website without our express written consent except that you may create a hypertext to the Website as long as the link does not portray us or our affiliates, or their products or services in a false, misleading, derogatory, or offensive matter. You may not use any of our logos or proprietary marks as part of the link without our express written consent (which consent we may withdraw at any time);
• frame or use framing techniques to enclose any part of the Website or any content accessible on it without our express written consent. You will not use any meta tags or any other hidden text using our (or our affiliates') names, logos, brands or marks without our express written consent. Any unauthorised use terminates the permission or license granted by us to use this Website in addition to our other rights; or
• attempt any unauthorised access to any part or component of the Website.
• You warrant that by accessing and using the Website you will not be in breach of any laws or regulations that apply to you.

We may monitor any activity and content associated with the Website. We will investigate any reported violation of these Terms & Conditions of Use or complaints relating to the Website and take any action that we believe is appropriate.

User generated content

Any information you submit to the Website, whether by way of comments, ratings, reviews any chat room function or otherwise, will not be treated confidentially and you acknowledge that such content shall be submitted strictly in accordance with our User Content Terms of Use.

Whilst we make every effort to monitor any contents uploaded by users on our Website, such content will often reflect a user's opinion and we will not be responsible or liable to you for the content or accuracy of any materials posted by any other user on our Website.

Our liability to you

While we make every effort to ensure our Website is as accurate, current, complete or error free as possible, unless we are at fault we are not liable for any inaccuracies or errors which are beyond our reasonable control. In particular, we cannot guarantee that colours in our images will be rendered correctly on different computer monitors. The product dimensions supplied are intended to give an approximate indication of the size of individual products. Products shown may not be actual size. If you have any doubts about the colour, size or any other specification of the goods you wish to order, we recommend you Contact Us prior to placing an order on the Website.

The Website is provided, on an "as is" and "as and when available" basis without any representation or endorsement and we make no warranties of any kind, whether express or implied, in relation to the Website or its content offered on the Website.

We cannot guarantee that the Website is free from computer viruses, and you should take your own precautions in this respect. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website. If a fault occurs in the service you should report it to info@fiyah.uk and we will attempt to correct the fault as soon as we reasonably can.

We will try to make sure that the Website is always available. However, this is not always possible and access to the Website may be suspended temporarily and without notice in the case of any system failure, maintenance or repair or for any other reasons outside our control, as well as for any breach by you of these Terms & Conditions of Use.

We will not be responsible to you or any third party for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any indirect or consequential loss in connection with your use of the Website.

We remain liable however for:

• loss, damage, death or personal injury resulting from our negligence;
• fraud or fraudulent misrepresentations;
• any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability;
• Links and third party e-commerce;
• The Website may contain links to other websites; these external websites are not under our control. We provide these links because we think they might interest you, but we do not monitor or endorse these other websites. We are not liable for such websites and cannot make any guarantees about them.

If you use our Website to deal with a third party (for example to enter a competition), it is up to you to read and comply with the Terms & Conditions and Privacy Policies of such third parties.

Please also see our Privacy Policy

for more details of how we use your information.

 

Suspension or termination of the Website or services

We reserve the right to suspend or terminate the Website or remove any of the services on it with immediate effect at any time, and without notice, for example if:

• there is a change in the law that limits our ability to provide the Website;
• an event beyond our control stops us providing the Website (eg: technical difficulties).
• Changes to Terms & Conditions of Use of this Website
• We reserve the right to change these Terms & Conditions of Use from time to time. If this happens, we will post the new Terms & Conditions of Use on the Website. It is your responsibility to ensure you regularly check these Terms & Conditions of Use to familiarise yourself with their terms and check any updates. If you do not wish to be governed by the revised Terms & Conditions of Use, please stop using the Website.

General

These Terms & Conditions of Use are governed by the law of England and you and we agree to use the English courts if there is any dispute between us.

If any part of these Terms & Conditions of Use is found to be invalid by law, the rest of them remain valid and enforceable.

These User Content Terms of Use govern your conduct associated with the customer ratings and review and the customer stories you may post or upload on our Website. To the extent there is any conflict between our Privacy Policy and these User Content Terms of Use, these User Content Terms of Use shall take precedence.

Your obligations when posting or uploading content

By submitting any content to us, you represent and warrant that:

• you are the sole author and owner of the intellectual property rights in that content or that you have permission from the owner and you have obtained the informed consent of any subjects of the images and that any subjects featured in any such images are at least 18 years of age at the time such material was created;
• all "moral rights" that you may have in such content has been voluntarily waived by you;
• all content that you post is accurate;
• you are at least 18 years old;
• use of the content you supply does not violate these User Content Terms of Use and will not cause injury to any person or entity.
• You further agree and warrant that you shall not submit any content:
• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statutes, ordinates or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, of a sexual nature, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration;
• that includes any information that references other websites, addresses, email addresses; contact information or phone numbers;
• that contains any computer viruses, worms or other potentially damaging computer programs or files.
• You agree to compensate and hold us (and our officers, directors, agents, subsidiaries, joint ventures, employees and third party service providers) harmless from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorney's fees, arising out of a breach of your representations and warranties set out above or your violation of any law or the rights of a third party.

How we may use any content you submit

For any content that you submit, you grant us a perpetual, irrevocable, royalty-free, transferable right and licence to use, reproduce, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technologies throughout the world (whether in whole or in part, and whether cropped, adapted, altered or otherwise manipulated) without compensation to you.

All content that you submit may be used at our sole discretion. We reserve the right to change, condense or delete (without notice) any content on our Website that we deem, in our sole discretion, to violate the content guidelines or any other provisions of these User Content Terms of Use. We do not guarantee that you will have any recourse through us to edit or delete any content you have submitted. Ratings and written comments are generally posted within 2-4 business days from submission. However, we reserve the right to remove or to refuse to post any submission for any reason.

You acknowledge that you are responsible for the content of your submission. None of the content that you submit shall be subject to any obligation of confidence on our part, our agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

Checkout assistant service

When you use our online stores, such as [www.fiyah.uk], details of any products that you seek to purchase and your email address may be collected as you fill in the Checkout form. If you do not complete your purchase we may contact you using these details to offer our assistance (in case, for instance, you were experiencing technical difficulties) and allow you to finalise your purchase.

 

Process for online orders and cancellations

Ordering process and contract formation

By completing and submitting an electronic order, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract.

Certain steps must be followed for a binding contract to be formed between us, which are described below. After you have placed your order:

we will send you, as soon as possible, an email to acknowledge your order. It will confirm which goods you have ordered. This email is not an order acceptance from us and at this stage no contract is formed between us;

when we despatch your goods from the warehouse, we will send you a confirmation email ("Despatch Email"). This email constitutes a formal acceptance of your order by us. This also means that a binding contract between us is formed and you and we are obliged to fulfil our obligations under that binding contract.

You must provide the correct shipping address for your order.  We cannot be held responsible for good that you do not receive because you gave us the wrong address.

Important note regarding Personalised Items: The above order process does not apply in relation to your orders for Personalised Items. We will acknowledge your order as described in step 1 above, however the following order process shall apply:

Payment will be processed and taken when the order is placed with us. This is not an order confirmation or order acceptance from us.

Your order will go into production shortly afer the order is placed and payment is processed.

Once your order is ready for dispatch from our warehouse, we will send you a despatch confirmation email. This email constitutes a formal acceptance of your order by us. This also means that a contract between us is agreed and we are obliged to fulfill our obligations under this contract.

Please note that orders (whether for Personalised Items or other items) will only be despatched once we have authorisation from your payment card issuer. We will aim to inform you as soon as possible if there is an issue with the payment authorisation process or with any validation checks for your order. We will not accept your order if payment is not authorised. Where there are issues with the authorisation process or validation checks, your delivery may be delayed as a result.

We do not have to accept your order, and in particular, we will not accept your order if:

• we do not have the goods in stock/the goods in stock appear to be damaged;
• your payment is not authorised;
• there is an error on our Website regarding the price or other details of the goods;
• you have cancelled your order in accordance with the instructions below.
• We will be in contact with you as soon as practicable (by email or by phone) in each of the above circumstances to discuss your options. We reserve the right to refuse any order.

Cancelling an order before despatch

If you change your mind after placing an order, you can cancel it at any time before we have sent our Despatch Email to you. Please see the Contact Us page for our telephone number and email. To cancel your order, you will need to give us your name and address details, as well as your order number.

If you would like to return your pierced items please ensure the plastic bag containing your order remains sealed. If the items have been removed from the bag or if the bag has been tampered with, we cannot refund or exchange the item due to hygiene reasons.

Our Returns Policy does not affect your statutory rights. For further information on your statutory rights look at www.consumerdirect.gov.uk.

Delivery information

• We reserve the right to change or discontinue free delivery at any time.
• We can deliver to anywhere in the world.

When will I receive my goods?

We will send you a Despatch Email as soon as your goods has been despatched. If you choose Standard Delivery: you should receive your goods within 1 - 2 days (excluding Sundays).

We will make every effort to deliver your goods as soon as possible. We will not be liable for delays in delivering your goods where such delay is due to reasons outside of our control.

If the goods you have ordered are unavailable, you will receive an email notification or call from us to confirm this.

Pricing and payment

Prices throughout the Website are quoted in Pounds Sterling but can be changed to other currencies using the tab in the top right corner of the screen. Payment can only be accepted in Pounds Sterling. Prices include VAT. Delivery costs will be added to the total price of your goods (and will be clearly indicated on your order check out page). Prices quoted on the Website are applicable exclusively to goods purchased through this Website. Prices applicable to goods for purchase in FIYAH stores may differ from those quoted on this Website.

While we make every effort to ensure that the goods shown on our Website are currently available at the price shown on the Website, we cannot guarantee that this will always be the case. If goods you have ordered online are unavailable at the price or conditions shown, you will be notified as soon as possible.

If a pricing error is made on our Website or in the ordering process we will inform you as soon as possible and give you the option of buying the goods at the correct price or cancelling the order. If we cannot get in contact with you to notify you of the error, your order will be cancelled. In those circumstances, no payment will be taken from you or, if applicable, any payment taken in advance will be refunded.

We do not store credit card details nor do we share customer details with any 3rd parties.

Our Liability

While we make every effort to ensure our Website is as accurate, current, complete or error free as possible, unless we are at fault we are not liable for any inaccuracies or errors which are beyond our reasonable control. In particular, we cannot guarantee that colours in our images will be rendered correctly on different computer monitors. The product dimensions supplied are intended to give an approximate indication of the size of individual products. Products shown may not be actual size. If you have any doubts about the colour, size or any other specification of the goods you wish to order, we recommend you Contact Us prior to placing an order on the Website.

We will not be responsible to you or any third party for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any indirect or consequential loss in connection with your use of the Website.

We remain liable however for:

• loss, damage, death or personal injury resulting from our negligence;
• fraud or fraudulent misrepresentations;
• any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
• defective products under the Consumer Protection Act 1987; or
• any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

Changes to Terms & Conditions for Buying Goods Online

We reserve the right to change these Terms & Conditions for Buying Goods Online from time to time. If this happens, we will post the new Terms & Conditions for Buying Goods Online on the website. If you do not wish your purchase(s) to be governed by the revised Terms & Conditions for Buying Goods Online, you must not place any further orders.

These Terms & Conditions for Buying Goods Online are governed by the law of England and you and we agree to use the English courts if there is any dispute between us.

If any part of these Terms & Conditions for Buying Goods Online is found to be invalid by law, the rest of them remain valid and enforceable.

Company Information

FIYAH Limited
Ryecroft
Aviary Road
Worsley
Manchester
M28 2WF

 

Registered in England under no. 9865371 for FIYAH Limited.

 

 

What about cookies?

We use cookies when you visit our site. There are four main types of cookies – here’s how and why we use them.

 

(1) Site functionality cookies – these cookies allow you to navigate the site and use our features, such as “Add to Basket”.

 

(2) Site analytics cookies – these cookies allow us to measure and analyse how our customers use the site, to improve both its functionality and your shopping experience.

 

(3) Customer preference cookies – when you are browsing or shopping on FIYAH, these cookies will remember your preferences (like your language or location), so we can make your shopping experience as seamless as possible, and more personal to you.

 

(4) Targeting or advertising cookies – these cookies are used to deliver ads relevant to you. They also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns.

Third Party Companies Using Website Cookies

Rakuten Advertising: We partner with Rakuten Advertising for our affiliate marketing activities.

 

By using our site, you agree to us placing these sorts of cookies on your device and accessing them when you visit the site in the future. If you want to delete any cookies that are already on your computer, the “help” section in your browser should provide instructions on how to locate the file or directory that stores cookies. Further information about cookies can be found at https://ico.org.uk/for-organisations/guide-to-pecr/cookies-and-similar-technologies/ . Please note that by deleting or disabling future cookies, your user experience may be affected and you might not be able to take advantage of certain functions of our site, and the complete FIYAH user experience that we pride ourselves on providing our customers.”