1.TERMS

1.1 We supply all our products based on these terms and conditions so please read these terms carefully before you submit your order to us. 

1.2 You will be informed on who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any concerns around our terms please feel free to contact us. 

 

2. WHO WE ARE

2.1 We are By Amala Limited. A company registered in England and Wales under company number 11151728. Our registered office address is International House, 24 Holborn Viaduct, London, United Kingdom, EC1A 2BN. 

2.2 You can contact us by emailing our customer care team at customercare@byamala.com.

 

3. OUR CONTRACT WITH YOU

3.1 When you place an order with us online we will send you an email confirming your order at which point a contract will become binding between you and us. We will send you an order number to advise when we have accepted your order. Please tell us the order number whenever you contact us about your order. 

3.2 If for any reason we are unable to accept your order we will inform you of this via email and will not charge you for the product. 

3.3 Some of the reasons for not accepting your order may be because the product is out of stock, unexpected limits on our resources, an error in the price or description or because we are unable to meet a delivery deadline specified. 

 

4. OUR PRODUCTS

4.1 All of the images provided on our website are only for illustrative purposes

4.2 We try our very best to display the colours of all our products on our website as accurately as possible. However, as computer monitors, tablets and mobile devices vary, we cannot guarantee that your monitor's display of a colour will be completely accurate. 

4.3 Most of our garments are hand crafted and may vary slightly from the images displayed on our website.

4.4 The packaging of the product may vary from that shown on images on our website. 

 

5. YOUR RIGHTS TO MAKE CHANGES

5.1 If you wish to make a change to the product you have ordered please contact us and we will let you know if the change is possible.

5.2  When possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

 

6. DELIVERY

6.1 The cost of delivery will be displayed to you on our website when purchasing products. We currently offer free delivery to all UK customers only. For International customers delivery costs may be payable in addition to the price of the product itself.

6.2 The product will be your responsibility from the time we deliver the product to the address you gave us. The products will be delivered to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

6.3 You own a product once we have received payment in full.

6.4 In any situation where our supply of the products is delayed by an event outside of our control we will contact you as soon as possible to let you know and we will try our best to minimize the effect of the delay. Provided we do this we are not liable for delays caused by the event, however if there is substantial delay you may contact us to end the contract and request a refund for any products you have paid for but not yet received.

6.5 On the day of delivery is there is no one available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

6.6 If, after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract. 

6.7 You do have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away; if delivery within the deadline was essential or you made it clear to us before we accepted your order delivery within the deadline was essential. 

6.8 If you do choose to treat the contract as at an end for late delivery, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must post them back to us following the returns procedure. Please email our customer service team at customercare@byamala.com to arrange a return.

6.9 If you do not wish to treat the contract as at an end straight away, or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

 

7. RETURNS & EXCHANGES

7.1 In the unlikely event you are not happy with your purchase you can return your product/s for a refund within 14 days of your delivery date.

7.2 Your product/s must be returned in the original packaging with all labels and tags attached. Upon return, all items are inspected by our customer services team before your refund is processed. We do not offer exchanges on our products. If you would like to exchange an item, you will need to return it and place a new order. 

7.3 Any returns sent back to us after the 14 day return period will be refused and sent back unless previously agreed with our customer care team.

7.4 If your goods are faulty when they are delivered you may return the faulty goods to us. If you return the goods to us we will either repair or replace the goods or provide you with a refund of the purchase price and the price of delivery.

7.5 In order to return faulty goods you must contact us within 24 hours of receipt of goods at customercare@byamala.com to inform us that you wish to return the goods. We will then provide you with details of where to return the goods and how to complete the returns process.

7.6 If we repair or replace the goods we will deliver the repaired or replaced goods to you at no additional cost to the delivery address you specified when you purchased the goods.

7.7 If we provide a refund we will pay it to the account you used to purchase the goods. Subject to the outfit being unused and unworn with all tags intact as at the time of receiving the outfit. The refund for any items will be at our sole discretion and will be subject to approval of our inspection team.

7.8 Before your parcel leaves our warehouse, it is fully checked and controlled by our packing team. If you receive an item, which is damaged, please contact us immediately. If your item is faulty (i.e. received damaged or manufacturing fault), we can offer alternatives such as repair or exchanges. For more information, please contact our Customer Care team. Where possible, we will offer to repair faulty items. If you would like to exchange your item, please be aware that we can only replace it for the same product in the same size, subject to availability. You will receive a credit note if the item cannot be repaired or replaced.

 

8. ENDING YOUR CONTRACT WITH US

8.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract. The reasons to end the contract may include some of the following:

1. If what you have bought is faulty or mis described you may have a legal right to end the contract. 
2. If you want to end the contract because of something we have done or have told you we are going to do
3. If you have just changed your mind about the product

8.2 If you are ending a contract for any of the reasons set out below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are as follows: 

1. We have told you about an upcoming change to the product or these terms which you do not agree to 
2. We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
3. There is a risk that supply of products may be significantly delayed because of events outside our control;
4. You have a legal right to end the contract because of something we have done wrong (including because we have delivered late 

8.3 For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013. You have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive / receives the last delivery to change your mind about the goods.

 

9. END OF CONTRACT

9.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

9.2 To end the contract with us, please contact our customer care team at customercare@byamala.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. 

9.3 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at the following address: PO Box 17746, Birmingham, 
B42 9LU. Please email us at customercare@byamala.com to arrange a return. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. 

9.4 We will pay the costs of the return if the products are faulty or mis-described, we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or if you are exercising your right to change your mind]. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.5 We will refund you the price you paid for the products excluding delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.6 If you are exercising your right to change your mind:

9.7 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

9.8 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within [3-5] days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

9.9 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 

9.10 We may end the contract for a product at any time by writing to you if:

you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;

you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;

you do not, within a reasonable time, allow us to deliver the products to you; or

you breach any other term of this Agreement. 

 

10. HOW TO CONTACT US ABOUT ANY PROBLEMS 

10.1 If you have any questions or complaints about the product, please contact us. You can email our customer care team on customercare@byamala.com. 

 

11. SUMMARY OF YOUR LEGAL RIGHTS

11.1 We are under a legal duty to supply products that are in conformity with this contract. Please see the below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

 

12. PAYMENT

12.1 We accept the following payment methods: Visa Debit, Visa Credit, MasterCard and American Express cards. You can also choose to pay with PayPal. We do not accept any other method of payment. We will not charge your credit or debit card until we dispatch the products to you.

12.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

12.3 Your credit card or debit card will be charged immediately upon completion of the payment process.

12.4 The price of the goods is in the currency shown at the checkout. You are responsible for any charges that your payment card provider may apply for making payment in that currency.

12.5 The price of the goods does not include the price of delivery, which will be shown separately at the checkout and on the confirmation email.

12.6 If the shipping address of your goods is in U.K. the price of the goods includes sales tax and duties.

12.7 If the shipping address of your goods is outside the UK the price of the goods does not include sales taxes, import duties or other levies, and you will be responsible for paying those. In some cases payment of those charges may be necessary in order to release your goods from customs.

12.8 The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. 

12.9 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where a product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated [in our price list], we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

 

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We only supply the products for domestic and private use. If you use the products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity

 

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1 Please see our Privacy and Cookies Policy, for details on the information about you that we collect, and how we use that information.

 

15. OTHER IMPORTANT TERMS

15.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 

15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

 

16. THIRD PARTY TERMS

16.1 No one other than a party to this contract has any right to enforce any term of this contract.

 

17. DISPUTES

17.1 We will try to resolve any disputes with you quickly and efficiently.

17.2 If you are unhappy with the goods, our service to you, or any other matter, please contact us as soon as possible.

17.3 If you want to take court proceedings, the courts of U.K. will have exclusive jurisdiction in relation to this contract.

17.4 British law will govern this contract and any claims or disputes arising out of or in connection with it (including non-contractual claims and disputes).

 

18. OUR RIGHT TO AMEND TERMS

18.1 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.