Legal Mention

TERMS OF SERVICE

The present general terms and conditions of sale are made between:

Arya LTD 

Company registration number: C91021

VAT Number: MT26108813

Called - The seller 

and :

Any individual wishing to make a purchase on the Seller website www.atelierarya.com

Called - The Client 

 

1 : Object

The terms and conditions of sale define the contractual relation between the Seller and the Client, and the conditions that apply to all purchases made on the Seller retail website www.atelierarya.com, called “the Site”.

With the present terms and conditions of sale, the Client is forbidden to purchase for resale, according to clause L 110-101 of the Commercial Code

The Client must be at least 18 years old and have judicial capacity or have a parental authorisation to order on the Site.

The acquirement of a product on the Site implies the Client’s complete acceptation of the General Terms and Conditions of Sale. These override any of the Client’s general or particular conditions.

The Seller has the possibility to change the General Terms and Conditions of Sale. However the Conditions applied to the Client are those in effect at the date of his order on the Site. The present General Terms and Conditions of Sale are the exclusive propriety of the Seller. All reproductions, even partial, are strictly forbidden. 

 

2 : The website

1.1 The Website www.join-the-sisterhood.com is an e-commerce website that is accessible on the Internet and it is open to any user of the Internet. It is edited and distributed by the company Arya LTD. Its head office's address is SWIEQI, Malta

1.2 The Website offers to sell a variety of vintage and designer clothes and accessories for women to Net users browsing on the Website. By virtue of the Terms of sale, it is agreed that the User and Arya LTD will be collectively named "the parties" and individually called the "party", and that the User who validated an order will then be called the "Buyer". The rights and duties of the User inevitably apply to the Buyer.

1.3 Arya LTD reminds that the Products are exclusively for the personal use of the Buyer and it must not have any direct link with his professional activity. If thought otherwise Sisterhood reserves the right to refuse the carrying out of the order.

1.4 The Buyer declares that he has full legal capacity.

1.5 The order of any Product offered on the Website presupposes the consultation and the express consent of the General Terms of Sale when ordering anything.

1.6 The aim of the General Terms of Sale is to define the rights and duties of the Parties born from the online sale of the Products offered on the Website.

 

3 : The products

a) Description of the Products

2.1 The Products offered by Arya LTD are those shown on the Website on the day of its consultation by the User and within the limits of available stocks.

b) Availability of the Products

2.3 Arya LTD is committed to honour the orders only within the limits of available stocks. If one or several Products are not available.

2.4 The unavailability of the Product can be notified to the User:

When he enters his order, he will be told that the Product he wants is unavailable at the moment.

After the validation of his order, an email will be sent to the Buyer from Arya LTD customer service to notify them.

2.5 If the payment has already been made Arya LTD is committed to refund the price of the unavailable Product(s) from the amount taken on the bank account of the Buyer.

c) Retention of title

2.6 Arya LTD retains title to the Products ordered until they are fully paid.

 

4 : Prices

3.1 The Prices of the Products are given in pounds, VAT inclusive, without the participation to the delivery costs, on the day of the order.

3.2 The price billed to the Buyer is the price given on the order confirmation that Arya LTD sent by email.

3.3 Arya LTD reserves the right to update the prices at any time without notice. The Products will be billed on the basis of the rates in force when the order is entered, within the limits of available stocks. The rate in force is the one given on the Website, errors of typography excepted, for which Arya LTD  is not responsible.

3.4 Prices are payable in full in a single installment when the order is confirmed.

3.5 Any missed payment will result in cancellation of your order without notice from Arya LTD. The sale is final when the secure services accept the transaction.

 

5 : Payment

4.1 It is stated that you can pay on the Website by bank cards or by a Paypal account. The payment for the Products bought on the Website can be done safely, from Malta or from international countries 24/7.

4.2 The User will enter their card number, the cardholder name, the term of validity and the 3 numbers of the visual cryptogram that is on the back of your card.

4.3 Arya LTD reserves the right to refuse to honour the order of a User if ARYA LTD and the User are under dispute, of any nature whatsoever.

 

6 : The order

a) Browsing the Website

5.1 The User may navigate freely on the Website with no commitment to purchase via an order.

b) Registering an order

5.2 To order, the User has to click on "Add to my cart". Each time an item is added to the cart, it will be held until removed.

5.3 At any time before confirming your order, the User can:

• Get a summary of the Products he selected and modify his order by clicking on the link "cart"

• Continue their selection of Products by clicking back on the shop button.

• Finish the selection of the Products and confirm the order by clicking on “Checkout”.

5.4 To order the Products the User will have to click on "Order" and will confirm the buying options offered.

5.5 An order form appears on the screen, summing up: the nature, the quantity and the price of the Products ordered by the User, as well as the total amount of the order.

5.6 The User will have to identify themselves by filling in the form with great care, especially the mandatory information: first name, second name, email address, the delivery address and the billing address. If the User wishes to create an account for further checkout ease this is also possible.

c) Final confirmation of an order

5.8 The confirmation by the User of their order on the Website implies the agreement to the General Terms of Sale.

5.9 The User may then pay their order by entering their preferred banking information.

d) Confirmation of an order

5.10 When the Buyer confirms the payment of their order, a summary will appear with the order number. This summary also appears in the email of confirmation of the order.

5.11 An email of confirmation of the sending is sent to the Buyer on the sending date of the products, and then a second email will be sent when the items are shipped including a tracking number and link to track their package.

 

7 : The delivery

a) Terms and time of deliveries

6.1 The Products ordered are, depending on the choice of the Buyer, delivered to any address all around the world. The address of the delivery is given by the Buyer.

6.2 The orders are dispatched, the shipping method will be via Malta post Mail.

6.3 In both cases, the Buyer will be able to track their order on the mail services tracking system with the tracking number provided in the shipping confirmation email. Arya LTD is committed to do its very best so that the order is carried out within a maximum of 10 days starting on the date of confirmation of the order, except in cases given in article 9. 

6.4 The products ordered by the Buyer will be delivered to the address given by the Buyer on the order form or they will be left at the Post office attached to the delivery address of the Buyer, in case of absence of the recipient of the Order. If so, a delivery notice will be left in the mail box of the recipient so that they can pick up their parcel during office hours of the Post office, within 15 days. After this the parcels are returned to sender and you will be contacted when this is received back to head office by our customer service team.

6.5 The delivery address cannot be a PO Box. The information submitted by the Buyer is part of the sales contract. In case of error in the delivery information given by the Buyer, Arya LTD could not be held responsible for failure in delivery and re-delivery charges will be incurred should you want the parcel resent.

6.6 The shipping costs are based on the destination of the parcel, according to the rates of the postal services in effect.

b) Delivery issues

6.7 Delivery timelines are available on the website and may vary according to your order availability.

Delivery timelines are processed on business days and correspond to the average order preparation and shipping schedule on the territory.

Delivery timelines start from the order confirmation date by the Seller.

The Seller commits to proceed at its best to deliver the order to the Buyer within the timetable stated above. However the timelines are communicated on an indicative basis and an eventual delay could not lead to any interest and damages, deduction or cancellation of the order by the Buyer. However, if the ordered products haven't been delivered within 14 days after the indicative date of delivery, for any case other than an incorrect shipping address being given, the sale can be revoked on written request of the Buyer or the Seller. The sums of money paid by the Buyer will be refunded without delay, except any compensation or deduction.

The Customer is the only responsible person for the non-execution or the defective execution of the Contract due to a lack of indication during the Order process (wrong or incomplete address, wrong name...).

6.8 the Customer is required to check the wrapping state as well as the Articles upon delivery.

It is the Customer's responsibility to express reservation and claims that he/she consider necessary, nay to refuse the parcel, when the parcel is manifestly damaged at the Delivery. The aforesaid reservations and claims shall be addressed to the carrier by email with acknowledgement of receipt within 3 business days, except public holidays, that follow the Delivery date. The default of claim within the afore mentioned period cancels any lawsuit against the carrier in accordance with the provisions of article L. 133-3 of the commercial Code.

 

 

7 : Data protection

7.1 Supplying personally identifiable information is obligatory in the framework of distance selling, since such information is necessary for processing and delivering orders, as well as for drawing up the relevant invoices. Such information is strictly confidential. Failure to supply information required shall lead to the order being automatically rejected.

8.2 The security protocol ensures total confidentiality of the information sent. Arya LTD is committed not to transmit or exploit any personal information of the Buyers (Data Protection Act n°78-17), except if they are linked to his strict activity.

8.3 In accordance with the Data Protection Act n°78-017 of 6 January 1978, the User has the right of access, modification, correction or removal of data relating to him or her. To exercise this right, the User must address a request to Arya LTD by email. 

9 : Liability – Force Majeure

9.1 Arya LTD has only a mere best efforts obligation for every step to access and order on the Website (order process, delivery, customer service, etc.).

9.2 Arya LTD cannot be held liable for any harm inherent in using the Internet, such as a breach in service, outside intrusion or the presence of a computer virus, or for any event deemed to fall under force majeure, in accordance with the case-law, in particular a strike of the postal services, a stock out from the manufacturer, the destruction or the total loss of the stock, a model not made any more that Arya LTD would not know about, as well as any exceptional event.

 

11 : Intellectual Property

All elements of the Website, visual or sonorous, are protected by copyright and are under intellectual and artistic property around the world. Reproduction in whole or in part is strictly prohibited without prior agreement. 

All reproductions or representations of the website are submitted to the specific and prior agreement of Arya LTD.

The non compliance of this obligation is an infraction that engages the criminal justice responsibility of the author.

All techniques such as framing or deep-linking are strictly forbidden unless special written authorisation is delivered by Arya LTD

The “ATELIER ARYA” name was subject to a trademark registration for text and logo. In consequence, all reproductions of this brand, non authorised by ATELIER ARYA constitute a counterfeit act that can be the object of penal or criminal prosecutions.

The web user is thus forbidden to harm the “ATELIER ARYA” brand. It is strictly forbidden to use or reproduce the ATELIER ARYA name for any reason, on any medium without the prior and written authorisation ofATELIER ARYA

 

12 : Contact

By email: atelierarya@gmail.com

 

13 : Partial non validity

If a particular stipulation of these General Terms of Sale is held invalid or declared as such by any Authority of competent jurisdiction, the remaining provisions will remain in full force and effect.

 

14 : The entire contract

13.1 These General Terms of Sale and the order summary transmitted to the Buyer form a single contract and constitute the whole of the contractual relationship between the Parties.

13.2 In case of contradiction between the documents, the General Terms of Sale have priority.

 

15 : Applicable Law and the Jurisdiction Concerned

These General Terms of Sale and the contractual relationship between the Parties are subject to Maltese law.

Legal notices

The Website in its entirety is considered to be the exclusive property of the ARYA LTD. No reproduction or representation can be made without the prior written consent of Arya LTD.

Arya LTD does not warrant the accuracy and completeness of the information given on the Website and the editor cannot be held liable for any error. If you notice some errors, please report them to: atelierarya@gmail.com. The company

Arya LTD reserves the right to correct the content at any time without notice.