Terms and conditions

I. Scope of application

The customer confirms that he acts as a final consumer and does not intend to resell or use AYANAH products for commercial purposes of any kind. AYANAH may at any time update these Terms and Conditions without notice, any change is applicable for all subsequent orders. You can view at any time the last version of the Terms and Conditions by clicking on “Terms and Conditions” in the footer. The Terms and Conditions in force at the time of concluding the contract are your reference. In addition, every order on the site ayanah-fashion.com, you will be asked to confirm your full agreement with the Terms & Conditions in force at the time of placing your order.

II. Orders policy

The website ayanah-fashion.com allows to place orders for a selection of products from the brand AYANAH through Internet for a delivery in the countries listed on ayanah-fashion.com. The website ayanah-fashion.com does not place special orders which include the creation of a product that does not exist or has been removed from AYANAH collection, or an adaptation or customization of a product from the AYANAH collection. These Terms and Conditions do not apply to special orders.

Our product offerings and prices are valid as long as they are visible on the website ayanah-fashion.com according to the level of stock. Errors or changes may exceptionally exist, especially in the case of simultaneous orders of the same product by several customers. In the event of unavailability of a product after placing your order, we will notify you by email or phone as soon as possible, either by offering you to order another item shown on the website for replacement or to cancel your order. AYANAH is not liable in case of shortage or unavailability of a product. AYANAH has the right to change at any time without notice the type and number of items available on ayanah-fashion.com. To ensure a better quality of service and stock management to all our customers, AYANAH reserves the right to limit the quantity of products that may be purchased by a customer in accordance with the stock available.

 IV. Create an account

The customer has the option to create an account when placing an order on ayanah-fashion.com but this is not an obligation. If the customer chooses to do so, he will be asked to fill out all the registration form. The customer declares providing accurate and complete information in order to be identified clearly in any situation. During the creation of his account, the customer’s email address will be his username and he will choose his own password. The customer then agrees to keep his user name and password confidential. This account is available 24h / 24h and 7 days / 7 thanks to these identifiers. The customer is responsible for any action registered on ayanah-fashion.com using their username and password. AYANAH is responsible for personal data that you have agreed to communicate via the website ayanah-fashion.com. Only the information marked with an asterisk are required to allow us to process your request. The information you provide are exclusively for AYANAH. You have a right to access, modify, rectify and delete your personnal data by writing to the following address: contact@ayanah-fashion.com

V. Order proceeding

At any time, you can add AYANAH products to your selection by clicking “continue shopping”, see selected AYANAH products by clicking on “Shopping Cart”, Change your selection by adjusting the quantities and click “Update Cart”, remove products from the cart by clicking on “delete”. For each product selected on ayanah-fashion.com, a summary page will appear automatically, showing a photo of the item, its description, the quantity selected, its unit price and the total price of your order. You should check the accuracy of your selection before confirming your order. We did our best to ensure that the color and pattern of the photos posted on ayanah-fashion.com are faithful to the original products, variations may occur, in particular due to technical limitations of colors on your computer equipment. Therefore, AYANAH cannot be held responsible for errors or inaccuracy in the photographs or graphical representations of AYANAH products listed on ayanah-fashion.com

For questions about products, you can of course contact us by using the contact form on the website or by sending your request to orders@ayanah-fashion.com Once you selected products, click on “Proceed order”. You will need to either connect to a previously created account or proceed as a guest. If you do not have an account yet, you will be asked to create your own password for future use of this account. It is not an obligation but if you agree, it is your responsibility to keep your password confidential and never disclose it to a third party. Accordingly, any purchase made through these identifiers will be deemed to be made by you as the holder of these identifiers. In case of loss, theft or unauthorized use of your password, you agree to immediately notify AYANAH at contact@ayanah-fashion.com

If you already have an account, your e-mail address and your password will be required to enable your authentication. Your account allows you to: Track your orders, Save the billing and delivery data for next order, Change your personal information. You can at any time deactivate your account by emailing us at contact@ayanah-fashion.com 

After deactivating your account, you are free to create a new account at any time. The data recorded by the site ayanah-fashion.com constitute a proof of all transactions between AYANAH and its customers. In case of conflict between AYANAH and one of its customers on a transaction made on ayanah-fashion.com, the data recorded by AYANAH are considered irrefutable proof of the content of the transaction. Any order on Internet implies that you are giving accurate and complete information. The information requested will include: title, first name, last name, phone, email, password, billing and shipping addresses.

At the end of the ordering process, you are invited to click on the “Pay with PayPal” button. While clicking on the button “Pay with Paypal”, you will be asked to accept the entirety of these Terms and Conditions. Payments with Paypal are 100% secure and you do not need to have a Paypal account. When you will be redirected on the PayPal page you can directly make your payment with a credit card. A new page will appear where you have to enter your credit card information to complete your payment.

AYANAH reserves the right to refuse an order from a customer with whom it has a dispute concerning a prior order or if AYANAH reasonably believes that such customer has violated these Terms and Conditions or that this customer is involved in a fraudulent activity, or for any other legitimate reason. A summary of your order will be sent to you by email. The order acknowledgment will include the description of the products selected, the size, the quantity, the price and the delivery costs. We recommend that you keep your order acknowledgment on paper or electronically.

VI . Delivery costs

The delivery costs (excluding private / flash sales ) are mentioned in the description of each product. The standard shipping method will be made only through Colissimo. Shipping costs are calculated on the basis of the selected products, their weight, size and the country of delivery. The delivery costs include postage and packing. We advise you to group your items in one order. We cannot group two distinct orders and you will have to pay postage for each of them. Once your payment is received, we will deliver your parcel to the address of your choice in the countries listed on the website. The customer can follow his order with its Colissimo tracking number. The delivery of packages is supported by La Poste with the Colissimo Rates 2016.

Please check with your local customs authority on any customs duties or taxes that are payable by you – regulations and guidelines differ by country. Customs duties, import charges or taxes are not payable by AYANAH.

VII. Private sales & flash sales delivery

All orders placed through private or flash sales are shipped within one month maximum after the end of the sale on ayanah-fashion.com

VIII. Delivery problems

The customer must check the accuracy of the information provided to AYANAH regarding the delivery of his order. AYANAH cannot be held liable for any address entry errors and the consequences of delays or delivery errors. In this case, all costs incurred for the return of the package will be the responsibility of the customer. Any failure or delay in delivery must be reported to our Customer Service at orders@ayanah-fashion.com

IX. Claim

AYANAH is not responsible for any delays, thefts, losses, or damages of parcels by postal  and transportation companies. You must check the conformity of the goods at the time of delivery and report any anomalies (open package, damaged or missing product, etc …) on the delivery form with a signature. You must then contact our Customer Service by email at orders@ayanah-fashion.com

X. Right of withdrawal

The legal withdrawal period is seven (7) business days from the product delivery date. As part of your right of withdrawal, you may return the purchased product(s) by requesting an exchange or a refund as explained in the section “Exchanges – Returns – Refunds”.

XI. Returns – Exchanges – Refunds

In case of non-compliance of the product or as part of your right of withdrawal, you can request an exchange or a refund of the product under the following conditions. You can return a product and request an exchange or a refund within seven (7) business days from the date of delivery. Returned products must be in their original condition and packaging with their invoice or a copy in case of partial return.

Please be aware that AYANAH is not responsible for colour fading, burring or pulling. In order to prolong the longevity of your swimwear, please refer to AYANAH care instructions found in each product description on ayanah-fashion.com and on the labels.

Returned garments must be in their original condition with hygiene seals in placeGarments must not have been worn, washed or altered.

AYANAH is a limited edition swimwear brand and for this reason we cannot guarantee that sizes or styles will be available when exchanging. If the size or style you want is not available you will be given a full refund.

The return of a product, in case of an exchange or a refund request is the customer responsibility. Only an exchange for a product of equal or greater value is possible.

The customer will, in the latter case, pay the price difference. If a gift is ordered by a customer for the benefit of another person, the recipient of the gift cannot exchange it directly from ayanah-fashion.com Only the customer who purchased the gift may seek reimbursement under the right of withdrawal (since only the bank account of the credit card of the person who ordered the product can be credited).

Please contact us at returns@ayanah-fashion.com for an exchange.

In case of a refund request, it will be effective not later than thirty (30) days after your withdrawal period. Product return costs will be the responsibility of the customer. The reimbursement may however be deferred until we receive the product or until the customer has provided proof of the shipment of the product. In no circumstances it will be possible to grant you an electronic credit note. AYANAH reserves the right to decide whether the products are in original condition when returned to ayanah-fashion.com

In case of a product exchange or refund the delivery costs are the responsibility of the customer. AYANAH will not be held responsible for any loss or delay in the delivery of a product you want to return to AYANAH. If you choose your own carrier it will be your responsibility. We recommend you select a return postal service that includes tracking and insurance.

Please note return shipping costs are the responsibility of the customer. AYANAH is not responsible for any returned items lost or damaged in transit.

To make a claim for reimbursement of a product purchased on ayanah-fashion.com in exercising your right of withdrawal, please contact returns@ayanah-fashion.com

XII. Legal guarantee of conformity and hidden defects

The products sold on ayanah-fashion.com are subject to legal safeguards requirements. The seller must guarantee that all the products do not have hidden defects that will make them unusable. Any latent defects must be brought by the purchaser to AYANAH attention within two years after discovery of the defect.

To comply with the contract, the products must:

1. Be suitable for the use they have been created for; match the description given by seller and possess the qualities presented to the customer as a sample or model; They must possess the qualities that a customer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling.

2. Must have the features defined by mutual agreement by the parties or be suitable for any particular purpose presented by the seller.

XIII. Product use conditions

Before placing any orders the customer must to read all the information available on ayanah-fashion.com and learn about different features and components of the products and thus ensure that they are consistent with the use he wishes to make. The customer agrees at all times to respect the instructions specified by the manufacturer (washing instructions and / or specific instructions) before or after use. For further information, AYANAH customer service is available to help and answer to any questions regarding the products. Contact us at orders@ayanah-fashion.com

XIV. Responsibility

The products presented on the website comply with French law and standards. AYANAH is committed to comply with French legislation. The client alone is responsible for complying with the legal enforcement of his country of residence. It is up to the customer to check with local authorities about any import restrictions of the products they wish to order on ayanah-fashion.com

XV. Limitation of Liability

AYANAH will not be liable for any indirect events- which includes (without being exhaustive) any loss of profit or other indirect loss – resulting from your use of or your inability of using ayanah-fashion.com This limitation of liability applies to the fullest extent permitted by law. AYANAH will not be liable for any content available on other websites or sources accessible through hypertext links inserted on the Website ayanah-fashion.com (including as a result of advertising, products, services, or other information ) nor for any damage that may be suffered by the customer on the occasion of a visit of these websites. The use of ayanah-fashion.com implies knowledge and acceptance by the customer of the characteristics and limitations of the Internet and the technology related to it; for instance the absence of protection of certain data against possible misuse or piracy and risks contamination by viruses circulating on the network.

AYANAH is itself dependent on the quality of the Internet. We do not guarantee the continuity of the Website and do not guarantee the correction of the defects found on the Internet. Consequently, AYANAH cannot be held responsible for any unavailability of the Website ayanah-fashion.com or any difficulty connecting or any interruption of the connection (malfunction of the servers, the telephone line or any other technical connection) when using the Website ayanah-fashion.com or, more generally, any disruption of the Internet, affecting the use of the Website ayanah-fashion.com. In this context, AYANAH is not responsible for sending the forms to an incorrect or incomplete address, any computer errors or defects noted on the Website ayanah-fashion.com. The website ayanah-fashion.com may contain technical inaccuracies or other defects, AYANAH does not warrant the correction of these defects. This limitation of liability applies to the fullest extent permitted by law.

XVI . Case of force majeure 

All or part of AYANAH obligations including delivery shall be suspended upon the occurrence of a fortuitous event or force majeure which would impede or delay their execution. Are considered as such, including, but not limited to, war, riots, insurrections and general strikes. AYANAH will inform customers of the occurrence of a fortuitous event or force majeure within seven (7) days after it started. If this suspension would continue beyond a period of fifteen (15) days, the Customer has the right to terminate the current command and he will be repaid the price of the ordered products.

XVII. Law – Disputes

These Terms and Conditions are governed by and construed in accordance with French law pursuant to EC Regulation 593/2008 of 17 June 2008. These Terms and Conditions are written in English. In case of dispute , in accordance with Regulation No 44/2001 of 22 December 2000, you can refer to the court of your city or the French courts. AYANAH may refer to the court of Pontoise, where the company AYANAH is based. AYANAH reserves the right to seek and obtain injunctions or orders to defend its rights hereunder.

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Legal Notice

Company name: AYANAH

Company number: 81062502000013

Headquarters in France

Credits Concept and production : WDP

The website is hosted by OVH