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TERMS AND CONDITIONS

Thank you for visiting the ÄYA (“we” or ‘us”) website (the “Site”) of AYA Limited. Access to and use of the Site and related services (collectively, the “Services”) are made available to you in accordance with the following Terms of Service and any other rules and policies posted on the Site, including the Privacy Policy (collectively, the “Terms Of Service” or “TOS”). By using the Services, such as browsing or placing orders on the Site, you are agreeing to all of the Terms of Service.

AYA Limited is a company incorporated in Hong Kong. Our registered address is Unit A, 2/F, Ah Lei Wah Building, 8 Ashley Road, Tsim Sha Tsui, Kowloon, HONG KONG SAR, CHINA.

REGISTRATION

You will need to register an account to use some of the Services available to you on the Site. In registering an account and in your use of the Site, you agree to (where necessary) provide information about yourself that is true, accurate, current, and complete in all respects. Please refer to our Privacy Policy for more information on how we use your personal data. 

If you are under 18, by registering for an account with us or otherwise using our Services, you agree that you have informed your parents and guardians about the TOS prior to such registration or use, and they have approved of such registration or use by you on the terms of the TOS. ÄYA reserves the right to only accept orders from you if you are aged 18 or over.

We will never ask you for your account’s password either in writing (via email or otherwise), in person or on the phone. In using the Site, you are responsible for: (i) safeguarding any passwords used to access your account and our Services, and (ii) all use of our Services under your account. Please take reasonable care in protecting access to your account from any unauthorised use. If you suspect that the security of your account has been compromised or if there is unauthorised use of your account, please contact us immediately.

ELIGIBILITY TO PURCHASE

In order to place orders with us, you must meet our conditions of eligibility:

• Be aged 18 years of age or over
• Be in possession of a valid credit card issued by a licensed bank acceptable to ÄYA Alpaca for payment
• Providing personal and payment details that are warranted by you to be both valid and accurate (email address, real name, phone number, billing information and other requested information as indicated on the Site).

In placing an order with us, you authorise ÄYA to process a charge or charges on your credit card in the amount of the total purchase price of your order. You also expressly authorise us to use personal information provided by you to perform appropriate anti-fraud checks such as credit checks and also to, where necessary, transmit or obtain information about you to or from third parties including, but not limited to, credit reference or fraud-prevention agencies, which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your data.

All orders are subject to stock availability and confirmation of the order price. Items in your shopping basket are not reserved and may be purchased by other customers. Once you have placed your order, we will send you an email acknowledging the exact details of your order, providing you with a payment reference and the value of your order that will be debited from your credit/debit card. This is not an order confirmation or order acceptance from ayalpaca.com.

Unless we have notified you that we do not accept your order, our acceptance of your order and the completion of the contract between you and us will take place when you receive an email from us notifying you that we have dispatched the Items ordered by you. (refer to Shipping).

The Site is for your personal use only. You may not purchase goods from the Site for reselling purposes or commercial exploitation.

PRODUCT DESCRIPTIONS

ÄYA will endeavour to ensure that the Content and the product descriptions on the Site are as accurate and complete as possible. We however do not warrant that “Content” and product descriptions are accurate, complete, current or error-free. Please refer to our Returns Policy if you feel a product offered by ÄYA is not as described.

COLOURS

We have made every effort to display as accurately as possible the colours of our products that appear on ÄYA. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.

PRICING POLICY

To ensure that the most accurate pricing, taxes and delivery costs are displayed, we recommend that you click on the link at the top of our website and select your country from the list of shipping destinations.

Currency: All orders will be settled in Hong Kong Dollar (HKD) only. For Hong Kong site, only HKD is available for display currency. Prices for shipment to the HK, Macau and China will be shown in HKD, where shipment elsewhere will be displayed in US Dollar by default, however you may choose other display currencies available. Excluding HKD, the currencies shown on the e-platform are a guideline and we do not guarantee that prices remain accurate to the how you will be charged by your bank.

If your credit card is not denominated in Hong Kong Dollars (HKD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Prices displayed on the Site at the time your order is accepted will be honoured except in the case of obvious error. Whilst we use our best endeavours to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and cancel the order.

Product price in our international site is incurred with certain factors like import tax or delivery fee. It is not aligned with our physical store due to different operational mode.

TAXES AND DUTIES

Taxes and duties applicable to your order depend on the shipping country of your order:

• Hong Kong and Singapore orders are not subject to taxes and duties.
• Orders from international countries served on a Delivery Duty Unpaid (DDU) basis. ÄYA will not cover any import tax and duty. Please note that the import tax and duty charges would be passed to the relevant local Customs authorities. 
• Customers placing orders from countries served on a Delivery Duty Unpaid (DDU) basis will only be charged for the price of the product(s) purchased (excluding taxes and duties) and the delivery costs. Customers will be responsible for the payment of all import tax and duties levied by the country to which the products are shipped and payment of the said tax and duties is necessary for the release of the products ordered from the Customs on arrival. Our courier, will contact customers about the details of any import duty to pay. We advise you to contact your local customs authority to determine the cost of import tax and duties of your order prior to your placing orders with us.

 

PAYMENT

Payment can be made by Visa, MasterCard, China Union Pay (CUP) and American Express. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to ayalpaca.com. Payment will be debited and cleared from your account upon dispatch of your order by ÄYA. You confirm that the credit card that is being used is yours or that you have been specifically authorised by the owner of the credit card to use it. All credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to ÄYA, we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure. All credit card transactions on this site are processed using MIGS, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered ÄYA user, we will securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple, and secure, ÄYA uses Secure Socket Layer (SSL) technology.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

 

ACCEPTANCE OF YOUR ORDER

Once you have entered your personal and payment details to place your order, we will send you an email acknowledging the receipt of your order request. This email is only a confirmation of receipt of your order request and does not constitute an acceptance of your order.

Orders are processed pending availability and credit verification. Orders placed on Friday after 5 PM HKT (Hong Kong Time) will begin processing on the following Monday. ÄYA will contact you with a follow-up email if the merchandise you have selected is not currently in stock or if we need additional information for credit verification. Delivery time does not include Sundays or Holidays.

Your order will be accepted and the contract between you and ÄYA will be completed when we send you an email to confirm the goods have been dispatched to you and your payment has been accepted. Only the goods listed in the confirmation email sent at the time of dispatch are subject of the sale contract. All sales contracts are made in Hong Kong (SAR) and are written in English.

ÄYA reserves its right not to accept an order for any reason in its sole discretion (including, but not limited to, any of the following):

• The product you ordered is out of stock, or is withdrawn due to its failure to meet our quality standards or due to the shipping restrictions applicable to one or all of the ordered items.
• We identify a pricing or product description error.
• We are unable to obtain authorisation for your payment.
• You do not meet the eligibility criteria to purchase the Product in accordance with our Terms and Conditions of Service.

Our Customer Service team will contact you as soon as possible if there are any problems with your order.

SHIPPING

It can be sent to an address selected by you. (home, work, etc. - never a PO Box) 

We endeavour to dispatch all products ordered within 24 hours after the order has been placed and accepted by us. You will be given an indication of the expected delivery time after you have placed your order online. ÄYA’s team will try their best to meet these estimates but cannot guarantee that such estimates must be met.

ÄYA insures each order through transit up until it is delivered to you. You need to sign a confirmation of receipt of the products when the products are collected and by doing so, you accept the responsibility for the products ordered from that moment on. If the recipient is not the original purchaser, or in case of delivery of a gift, then you accept this signature as an evidence of delivery and fulfilment of your order by ÄYA. You also accept the associated transfer of responsibility in the same way.

ÄYA provides free shipping on all orders in the HK address over HKD500. In HK site, orders under HKD400 will be subjected to a shipping fee of HKD50. In the international site, orders will be subjected to a shipping fee of HKD250.

Shipping fee will be applied in special promotion period. ÄYA reserves the right to update its shipping policy at its sole discretion without prior notice.

Please allow extra time for your order to be processed during public holidays and busy periods. For a list of Hong Kong public holidays, please click here.

Please be informed that in some cases your local customs office may require additional documents and time to have your package cleared. During such instances, the estimated delivery time may be affected.

If you refuse a shipment from ÄYA, you are responsible for the original shipping charges, any Import Fees that are incurred on the package, and the cost of returning the package to ÄYA. This amount will be deducted from your merchandise refund. Please contact us your shipping and handling questions or comments.

 

IN-STORE COLLECTION

To add convenience and flexibility to your shopping experience, you can order online and opt to personally collect, or send a representative for, your purchase from a pre-designated ÄYA store during weekdays.

This service is available for orders placed in Hong Kong and to be collected from ÄYA LAB Concept, or LCX store.

Simply select the PICK UP AT STORE option on the Shipping page at Checkout. This option will only be displayed if your selected shipping country is Hong Kong . We will notify you once the order is ready for pick. You will have 2 weeks time to collect it in designated store.

To collect your order present your printed order confirmation and the credit card used to make the purchase or, a photo ID of the person named as collecting on your behalf.

 

RETURNS & EXCHANGES

Please visit our Return & Exchange page for all information about return or exchange your merchandise.

PROMOTION CODES

Promotion codes are non-transferable and there is no cash alternative. All promotion code is not applicable on sale items. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. No refund can be made if promotional code is applied, unless specified.

 

TRADEMARKS

“ÄYA”, the ÄYA logo and the artwork are registered trademarks of ÄYA. Trademarks may not be used in connection with any product or service that is not ÄYA’s, in any manner that is likely to cause confusion among customer or in any manner that disparages or discredits ÄYA. You agree not to use ÄYA anywhere without our prior written consent.

INTELLECTUAL PROPERTY

All software and “Content” (which is defined as, or includes, any text, audio or music, video, graphics, photographs, and image) are the intellectual property of ÄYA and are protected by intellectual property and copyright laws and international treaty provisions.

The Site is for your personal and non-commercial use only. Any non-personal and/or commercial use of the Content is only permitted when expressly authorised by ÄYA and/or its third party licensors. You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior consent or authorisation of ÄYA. Any such unauthorised actions may result in civil consequences or criminal penalties.

ÄYA reserves the right to withdraw or amend any item of the Services without notice. We will not be liable if for any reason the Site is unavailable at any time and for any period.

LIABILITY

Views expressed in any media by the designers, companies or third parties, whose products are sold on the Site or with whom we are associated, are their own. ÄYA takes no responsibility for any such views as they do not necessarily reflect ours. 
ÄYA does not guarantee that the use of the Site and Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Site to ensure they have up-to-date software, including anti-virus, installed. 
Some events may happen beyond our reasonable control, such as adverse weather. Under such conditions, ÄYA will always do its best to aim at maintaining its Services but will not be responsible for failing to meet any obligations in this TOS.

GOVERNING LAW AND JURISDICTION

The TOS, together with all out policies and procedures, are governed by and construed in accordance with Hong Kong SAR law. The relevant courts of Hong Kong SAR will have exclusive jurisdiction in the event of any dispute or claim associated with these TOS.