AHA BAZAAR’S TERMS AND CONDITIONS OF SUPPLY
This page (combined with other documents referenced within it and within our website) stipulates the Terms and Conditions on which we (Aha Bazaar) supply goods to you (the customer).
The following Terms and Conditions apply to the purchase of goods listed on our website, www.ahabazaar.co.uk (subdomain www.ahabazaar.uk ). Please read these Terms carefully before you submit your order to us. By purchasing an order from our site and entering into a contract, please be aware that you are agreeing to be bound under these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you should stop using the website immediately.
www.ahabazaar.co.uk (subdomain www.ahabazaar.uk) is a site operated by Aha Bazaar Limited. Aha Bazaar is registered in England and Wales under company number 12486612. Our office is at address 63/66 Hatton Garden, Fifth Floor Suite 23, London, EC1N 8LE.
These Terms tell you who we are, how we will provide the delivery of our 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 think that there is a mistake in these Terms or require any changes, please contact us to discuss.
We store details of your order and these Terms and Conditions. We will send you details of your order and reference our Terms and Conditions, via email, following the placing of your order. The details about your recent orders can be found in your customer login area. We will assign an order number to you and inform you of this number upon the confirmation of your order. It will help us if you can reference this number whenever you contact us about your order.
You can find our Terms and Conditions here at all times and you should print a copy of these Terms and Conditions for your future reference.
No part of this website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending of a dispatch email to you, indicating that your order has been fulfilled and is on its way to you.
In this Agreement the following terms shall have the following meanings:
“Account” | means collectively the personal information, Payment Information and credentials used by users to access Paid content and / or any communications System on the website; |
“Carrier” | means any third party responsible for transporting purchased goods from our premises to customers; |
“Content” | means any text, graphic, image, audio, video, software, data compilation, and any other form of information capable of being stored in a computer that appears on, or forms part of this website; |
“Goods” | means any products that Aha Bazaar advertises and / or makes available for sale through this website; |
“Aha Bazaar” | means Aha Bazaar Limited, 63/66 Hatton Garden, Fifth Floor Suite 23, London, EC1N 8LE |
“Service” | means collectively any online facilities, tools, services or information that Aha Bazaar makes available through the website either now or in the future; |
“Payment Information” | means any details required for the purchase of goods from this website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes; |
“Purchase Information” | means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form; |
“Premises” | means our place(s) of business located at 63/66 Hatton Garden, Fifth Floor Suite 23, London, EC1N 8LE |
“System” | means any online communication infrastructure that Aha Bazaar makes available through the website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; |
“User” / “Users” | means any third party that accesses the website and is not employed by Aha Bazaar and acting in the course of their employment; |
“Web Site” | means the website that you are currently using (www.ahabazaar.co.uk) and any sub-domains of this site (e.g. blog.ahabazaar.co.uk) unless expressly excluded by their own terms and conditions. |
2. Age Restrictions
3. Business Customers
4. International Customers
5. Intellectual Property
5.2. By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
5.3. You may not reproduce, copy, distribute, store or in any other fashion reuse material from the website unless otherwise indicated on the website or unless given express written permission to do so by Aha Bazaar.
6. Third Party Intellectual Property
6.2. You may not reproduce, copy, distribute, store or in any other fashion reuse such material unless otherwise indicated on the website or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Links to Other websites
7.2. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this website
9. Use of Communications Facilities
9.1.2. You must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist.
9.1.3. You must not submit content that is intended to promote or incite violence.
9.1.4. The means by which you identify yourself must not violate these terms of use or any applicable laws.
9.1.5. You must not impersonate other people, particularly employees and representatives of Aha Bazaar or our affiliates; and
9.1.6. You must not use our system for unauthorised mass-communication such as “spam” or “junk mail”.
10. Accounts
10.3. Your email address is essential in order for us to be able to supply you with important information such as order confirmations, and changes to the service. By registering with Aha Bazaar, you accept that your email address may be used to supply you with such information.
10.4. It is recommended that you do not share your account details, particularly your username and password. Aha Bazaar accepts no liability for any losses or damages incurred as a result of your account details being shared by you. If you use a shared computer, it is recommended that you do not save your account details in your internet browser and it is your responsibility to keep your password secure.
10.5. If you have reason to believe that your account details have been obtained by another without consent, you should contact Aha Bazaar immediately to suspend your account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled up until the point that they are dispatched. If an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Aha Bazaar accepts no liability or responsibility and you should contact the carrier detailed in the purchase Information.
10.6. When choosing your username, you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your account.
11. Termination and Cancellation
11.1.1. Decline a new customer registration or suspend or terminate a customer’s account at any time and at our sole discretion.
11.3. If Aha Bazaar terminates your account, any current or pending purchases on your account will be cancelled and will not be dispatched.
11.4. Aha Bazaar reserves the right to cancel purchases, for any reason prior to processing payment and dispatch.
11.5. If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
11.6. If you terminate your account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
12. Goods, Pricing and Availability
12.2. Whilst every effort has been made to ensure that all graphical representations and descriptions of goods available from Aha Bazaar correspond to the actual goods; Aha Bazaar is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct goods, not different goods altogether. Please refer to Clause 14.1 for incorrect goods.
12.3. All pricing information on the website is correct at the time of going online, however prices at the time of ordering are guide prices. Aha Bazaar reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every two months. Our site contains a large number of goods and it is always possible that, despite our best efforts, some of the goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you.
12.4. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the seller shall be subject to correction without any liability on the part of the seller.
12.5. No statement, description, warranty condition or recommendation contained in the website, price list, advertisement, communication or made verbally by any of the agents or employees of the seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.
12.6. Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the goods that you are purchasing.
12.7. Aha Bazaar does not warrant that such goods will be available. Stock indications are not provided on the website.
12.8. In the event that prices are changed during the period between an order being placed for goods and Aha Bazaar processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price. We are under no obligation to provide the product to you at the incorrect (lower) price. The company reserves the right to cancel any orders placed at that price and return in full any payment received.
12.9. All prices on the website do include VAT and reflect the current rate. Our VAT registration number is 344455987.
13. Delivery
13.1. Delivery will be made to the address specified by the customer when completing the online order form. All goods must be signed for by an adult aged 18 years or over.
13.2. All prices on the website include delivery charges. Our delivery policy can be found at https://www.ahabazaar.co.uk/deliverypolicy.
13.3. Aha Bazaar will notify you by way of email when your goods are to be dispatched to you, corresponding with the convenient delivery slot you have chosen at the checkout. We deliver daily from 8:00am to 10:00pm. The email will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the goods purchased by you. Please note that delivery and collection times are subject to availability.
13.4. Aha Bazaar shall use their reasonable endeavours to meet any date agreed for delivery. If we miss the delivery deadline for any goods then you may treat the contract at an end immediately if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances);
or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
If you do choose to treat the contract as at an end for late delivery, you can cancel your order for any of the goods or reject goods that have been delivered.
13.5. If there is no one to receive the delivery at the specified address at the time of your scheduled delivery, we reserve the right to return your order to our store and to charge a delivery charge for re-delivery.
13.6. If Aha Bazaar receives no communication from you, within 24 hours of delivery, regarding any problems with the goods, you are deemed to have accepted and received the goods.
14. Returns and Cancellations Policy
14.1. Aha Bazaar operates and aims to always provide high quality goods from Vendors that are fault free and undamaged. On occasion however, goods may need to be returned to Vendors. Returns are governed by these Terms and Conditions.
14.2. If you receive goods which do not match those that you ordered, accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 24 hours to arrange collection and return. Aha Bazaar is not responsible for paying shipment costs for postal deliveries. You may be given the option to have the goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the goods. Refunds and replacements will be issued upon our receipt of the returned goods.
14.3. If the goods are not perishable – this is a summary of your key legal rights for faulty goods. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.For further details on our Returns Policy please consult our website at https://www.ahabazaar.co.uk/return-policy.
14.4. If the goods have been dispatched or delivered, you will not be able to cancel the order. For further information please refer to our cancellation policy at https://www.ahabazaar.co.uk/cancellation-policy.
14.5. If you wish to return goods to Aha Bazaar for any of the above reasons, you must send written consent to admin@ahabazaar.co.uk to make the appropriate arrangements.
14.6. Aha Bazaar reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
15. Privacy
15.2. We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
16. Disclaimers
17. Changes to the Service and these Terms and Conditions
18. Availability of the Website
18.2. Aha Bazaar accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
19. Limitation of Liability
19.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractor; for fraud or fraudulent misrepresentation; for breach of your legal rights, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Rights Act 2015.
19.3. We are not liable for business losses. 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.
19.4. We are not responsible for delays outside of our control. If our delivery of the products is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise 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 products you have paid for but have not yet received.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, zombie apocalypse or other natural disaster.(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
19.6. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Consumer Rights Act 2015, in the event that any of these Terms are found to be unlawful, invalid or otherwise unenforceable, that Term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This Term shall apply only within jurisdictions where a particular Term is illegal.
20. No Waiver
21. Previous Terms and Conditions
22. Notices
23. Law and Jurisdiction
24. Severability
24.2. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
25. Response times to email queries
26. Written Communications
27. Consumer Rights
28. Complaints
28.2. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. Retail ADR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. As a member of the organisation, we are bound by their code of practice and they can be contacted via:
Website: https://www.retailadr.org.uk/
Tel: 02031 3782 68