Terms and Conditions
TERMS & CONDITIONS
- General
The terms and conditions regarding the use of this website and the purchase of items trough this website (hereinafter, the “Terms”) are set forth by this document. These following Terms apply to all orders place by the customers (hereinafter referred to as “you”). You are advised to read carefully trough these Terms (together the “Privacy Policy”) prior to navigating through this website.
By navigating this website or placing an order though it, you are giving consent to comply with these Terms and our Privacy Policy. It is not recommended to use this website if you do not agree to all clauses of the Terms and the Data Protection Policies. We reserved the right to amend these Terms and the Data Protection Policies. The Terms and the Privacy Policy is in force at the time that you use this website or at the time of the formation of the Contract (as defined below) shall be the applicable ones and it is your responsibility to read them.
By purchasing from our website, you enter into a Contract with us on these Terms.
- Our Details
Sale of ORSAY products through this website is carried out by YANIK Fashion Ltd, a company based in Mauritius with registered office at Beau Bassin, Company Registration Number: C21179315. The company, as appropriate, will be referred hereinafter as “us” / “we” / “ORSAY”. You may contact our customer service department by email ([email protected]) or on WhatsApp (+23058538512).
- Your Details
The information and details that you provide us with shall be dealt with pursuant to the Data Protection Policies. You are complying with the processing of such information and details by using this website. The whole information or personal details you have provided us with shall be legitimate and accurate.
- Use of Our Website
By navigating through this website and/or by ordering items through it, you undertake:
– To use the website solely to make legitimate orders or enquiries
– Not to make any orders by speculation and fraud. If we are appropriately of the opinion that such an order has been placed, we shall be allowed to cancel the order and contact the relevant authorities.
– To provide legitimate e-mail and/or other contact details to us and acknowledge that we may use these personal details to contact you in case that this should prove necessary (see our Privacy Policy).
– If you do not give us all of the information that we need, we may not be able to complete your order.
- Availability and Service
Products offered on this website are only available for delivery to Mauritius. If you wish to order items from another country outside of Mauritius via this website, you are of course welcome to do so, however the ordered items can only be delivered to a delivery address in Mauritius.
- How the contract is created
No contract in respect of any products will be formed between us and you until the order has been explicitly accepted by us, whether or not funds has been deducted from your bank account. If your offer is declined and funds have already been deducted, these will be fully refunded. To make an order, you must follow the online shopping process and click on “submit” to finalise and confirm your order. After this, you will receive an email, from us confirming receipt of your order (the “Order Confirmation”). The Contract will relate only to those products whose dispatch we have confirmed in the Order Confirmation. We will not be compelled to supply any other items which may have been constituting your order, until the dispatch of those items has been confirmed in a separate Order Confirmation.
- Availability of Items
In the event of stock unavailability or/and supply difficulties, we are entitled to inform you about items an equal or higher quality and value which you can order for substitution. If you do not wish to order the substitute items, we will refund you that you may have paid.
- Refusal of Order
We reserve the right to remove any products from this website at any time and/or remove or edit any constituent of this website. Whilst we shall use our reasonable endeavours to process all the orders placed, there may be exceptional events which mean that we may need to refuse an order after we sent you an Order Confirmation or it was submitted, which we are entitled to do at any time. No liability shall be given to you or any other third party by reason of our withdrawing any item from this website, removing or editing any constituent of this website, or for refusing an order after we sent you an Order Confirmation or it was submitted.
- Price and Payment
The price of any products will be as shown on our website, except in cases of obvious error. While we attempt at ensuring that all prices on this website are accurate, errors may occur. If this is the case for the price of items you have ordered, we will contact you as soon as possible and give you the option of confirming again the order at the correct price or terminating it. If contact is impossible, the order will be treated as terminated and if you have already paid for the items you will receive a full refund. We are not entitle to provide the products to you at the incorrect price (even if Order Confirmation is received) if the pricing error is obvious and could have reasonably been recognised as an incorrect price.
VAT is included in the prices on this website while delivery charges are excluded, which will be added to the total amount due. Prices are subject to change at any time, but (other than that as set out above) changes will not affect order in respect of which we have already received your order and sent you an Order Confirmation. Price adjustments on previous orders are not permitted.
Once you have finished purchasing, all the items you wish to order are added to our cart and your next step will be to proceed to the checkout and make payment. To do this, you must follow the steps of the purchase process, completing or verifying the information requested in each step. Throughout the purchase process, before payment, you can modify the details of your order. A record of all the orders by you is available in the “My Account “area.
Payment can be made by Bank Transfer, Maucas Juice, Credit Card or Cash (refer to Payment Policy under OUR POLICIES).
- Delivery
You can choose between Home Delivery or Click & Collect to receive your parcel (refer to Delivery Policy under OUR POLICIES).
Subject to availability (see Clause 7 above), and unless there are any exceptional circumstances, we will endeavour to fulfil your order for items listed in the Order Confirmation by the delivery date set out in the Order Confirmation. If we fail to deliver the items within 30 days of the date of the Order Confirmation, you may cancel the Contract and we will reimburse you the price paid for the items and any delivery costs paid.
If our supply of the items is delayed by an event outside our control, then we will contact you as soon as possible to let you know, and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any items you have for but not received.
For the purpose of these Terms, “delivery” or “delivered” shall be deemed to have occurred when you or a third party nominated by you acquires physical possession of the items, which will be evidence by the signing for receipt of the items at the agreed delivery address.
- Risk and Title
The Items will be at your responsibility as you receive your parcel.
Ownership of the products will pass to you at the time we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as in defined in Clause 9).
- Value Added Tax
All purchases done through this website are subject to statutory Value Added Tax (VAT). The prices displayed on this website include VAT.
- Returns and Exchange Policy
Any garments and/or accessories bought on www.orsay-fashion.mu can be exchanged within 10 days from receipts of the items provided that it has not been used, washed or altered in any manner whatsoever (refer to our Returns and Exchange Policy under OUR POLICIES).
You do not have the right to cancel the Contract when it is for the delivery of any of the following category of “Excluded Items”:
Excluded items means sealed items that are not suitable for return for health protection and hygiene reasons (i.e. Underwear, swimwear), and that have been unsealed after delivery, or if the hygiene label is no longer in place. Items damaged, soiled, washed, altered or worn (other than to try the item on) and any labels or tags must be intact.
Please return the items using or including all their original packaging, instructions, and other documents, if any, accompanying the items.
Returns of non- ORSAY items
You are responsible for verifying the contents of any parcel before you return them to us.
We do not have any responsibility for the care or return of the contents of any parcels which are erroneously returned to us (which included any products provided by other retailers) (“Erroneous Returns”).
We may (but are not entitled to) contact you to inform you that you have made an Erroneous Return.
Any Erroneous Returns which we received for a period of 10 days from the date we receive them will be stored by us. If you have not contacted us regarding the Erroneous Return within this time, we will assume that the package has been abandoned. We reserve the right to destroy any such Erroneous Returns without notice to you.
Regarding the volume of returns we process, we do not promise that we will be able to locate very case of Erroneous Returns we receive.
If we are able to lace an Erroneous Return, we will take measures to return the relevant contents to you, but reserve the right to first require you to pay fund for reasonable costs in processing, storing and returning those contents to you.
- Refund
According to these Terms & Conditions, no refund will be done after purchasing. Only exchange or issuing of Credit Note are accepted.
- Intellectual Property
All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested is us or our licensors are acknowledged and accepted by you. You are allowed to use this material only as expressly authorized by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of nay order or Contract details.
- Viruses, Hacking and Other Cybercrimes
Any misuse of this website such as knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful shall be sanctioned. Any unauthorized access to this website, to the server which hosts this site or to any other server, computer or data base related to our website shall not be attempted. By breaching the provision, you may commit a criminal offence under the applicable regulations. Any breach will be reported to the relevant law enforcement authority and we will co-operate to disclose the identity of the hacker. Likewise, in the event of such breach, your right to use this website will cease immediately. We will use reasonable care and skill to ensure that this website is safe, secure and free from bugs, viruses and other defects.
- Links from our Website
We may have links from our website to other third-party websites and contents; such links are provided solely for information and we are denied any control whatsoever over the contents of such websites or materials. Accordingly, we are not responsible for any loss or damage which may arise from the use of these links.
- Transfer of Rights and Obligations
The Contract between you and us is binding on you and us and on our respective successors and assigns. Any transfer, new assignment, charge or otherwise disposal of the Contract, cannot be made without our prior written consent.
Any transfer, new assignment, charge, sub-contract or otherwise disposal of the Contact may be made by us at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect you statutory rights as a consumer or your rights under the Contract or cancel, reduce, or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
- Events outside our control
We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control.
An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislations, regulations or restrictions of any government.
- Any shipping or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that any event outside our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event outside our control to a close or to find a solution by which our obligations under the Contract may be performed despite the event outside our control.
- Waiver
If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.
- Severability
If any of these Terms or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Our right to vary these terms
We have the right to revise these Terms from time to time. You will be subject to the policies and terms in force at the time you use this website or order items from us, unless any change to those policies, Terms or Privacy Statement is required be made by law or governmental authority, in which case, any potential changes will also apply to orders previously place by you.
- Law and Jurisdiction
The use of our website and the Contracts for the purchase of items through such website will be governed by Mauritius Law.
- Feedback
We welcome your comments and feedback. Please send all feedback and comments to us via [email protected]