Terms and Conditions
Revised 28 Sept. 2019
1.1 These terms and conditions (the “Terms”) are the terms on which this website https://www.oqay.co.uk (the “Website”) is made available to you (“You”/”Your”). Please read these Terms carefully before using Our Website.
1.2 By using or accessing Our Website, You agree to be legally bound by these Terms as they apply to Your use of or access to Our Website.
1.3 If You do not wish to be bound by these Terms then please refrain from using Our Website.
1.4 Any products which are available for You to purchase on or via Our Website are subject to additional terms and conditions which will be notified to You when You follow the ordering procedures set out on the relevant order page.
2 Information about Us
2.1 We are OQAY.co.uk, a trading name of ZahMal London LTD. a company registered in England and Wales under registration number 09745198 and our registered address is 12 Bourdillion Court London SE9 4TL.
2.2 If you have any questions, complaints or comments about your experience ordering or buying products from us, or about this Website then you may contact us in the following ways: email firstname.lastname@example.org or by post to OQAY, 12 Bourdillion Court London SE9 4TL.
2.3 . Our VAT number is 326461704
3 Buying Products on our Website
3.1 To order a product you will need to follow the ordering procedures set out on the relevant order page. Please check our Returns and Refunds policy to make sure we deliver to your location before placing your order.
3.2 We will confirm receipt of your order by online electronic means to the e-mail address you have given us on ordering. Our acknowledgement of your Order is not acceptance of your order. We are entitled to refuse any order placed by you. We will notify you if we do not accept your order, for example because your selected products are unavailable, or payment is not authorised or you are placing a bulk order.
3.3 Once your order is despatched, we will send you a confirmation email which is acceptance of your order. Our confirmation email will include an estimated delivery date for your order and we will endeavour to fulfil your order by the date set out in the acknowledgement email. A contract for the sale and purchase of the products will only arise once we despatch the products from our warehouse.
3.4. All details you provide to us for the purpose of purchasing products on our Website must be correct. You confirm that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any products. We reserve the right to obtain validation of your credit or debit card details from your card issuer before providing you with any products.
3.5. Discount codes and offers cannot be redeemed on gift vouchers, sale, promotional items or third party products.
3.6 From time to time we will make promotional codes available. Only one code may be used per transaction. We will alert you to additional specific terms which apply to such promotional codes at the relevant time. We reserve the right to withdraw or change our promotions at all times.
3.7. Our products are sold to you subject to any terms and conditions in respect of the individual product described on the Website, including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties and guarantees. We endeavour to ensure that all details, descriptions and prices on the Website are correct at the time when the relevant information was entered onto the system. The images of the products on our Website are for illustrative purposes only. Your product and its packaging may vary slightly from these images.
3.8 You do not acquire any rights of use to our trademarks when you purchase our products. Any unauthorised use of our trademarks for distribution or resale of our products is strictly forbidden.
4 Price and Payment
4.1 Details of the prices for the products and the procedures for payment and delivery are displayed on or through our Website. The price of any product is the price in force at the date and time of your order. You must pay for the products by credit, debit card or PayPal account at the time of the order, at which time you will be notified of the current price.
4.2 The price of any product includes VAT but excludes any delivery charges and, if you live outside the UK, any local import taxes and duties. Local import taxes and duties are your responsibility to pay. Please refer to our Returns and Refunds policy for further information.
4.3 We reserve the right to change the price of the products shown on our Website and withdraw or change product offers at all times. If there is any error in the price of the product you have ordered, we will contact you and give you the option to cancel or reconfirm your order.
5 Cancellation Rights
5.1 We hope that you are delighted with your order. However, if for any reason you are not entirely satisfied, you may cancel your contract and return any item in its original condition for a full refund by following the simple steps below.
You must inform us of your decision to cancel your contract no later than 14 days after the day on which you receive your order.
To cancel the contract, please let us know by completing the model cancellation form at the end of these Terms, or sending us a clear statement with your name, address, details of the order you wish to cancel and, where available, your phone number and email address. You can email us your completed cancellation form or statement of cancellation at email@example.com or write to us to OQAY, 12 Bourdillion Court, London SE9 4TL
Ensure you return your product(s) within 14 days of such cancellation. The products must be returned unused, in their original, undamaged packaging.
Complete the Return Delivery Note provided with your order and place it in the parcel.
We pay for return postage from any UK address by Royal Mail. Please attach the pre-paid returns label provided with your order to the front of your parcel. We cannot be responsible for any items lost or damaged in transit.
You are responsible for the cost of return postage from any address outside the UK. Please contact our customer care team at firstname.lastname@example.org for further assistance.
We will reimburse the purchase price of the returned product(s) no later than 14 days after the day we receive them back from you. We cannot return any taxes, duties or delivery charges if your order was shipped outside the European Union. We may make a deduction from the reimbursement for loss in value of any products supplied, if the loss is the result of unnecessary handling by you.
5.2 The above process reflects your statutory cancellation rights if you live in the European Union. Nothing in this section affects your statutory rights if products are faulty or not as described.
5.2 Please note that the cancellation rights referred to in this section do not apply in the following circumstances:
If the products are personalised or bespoke;
If the products were sealed for health protection or hygiene purposes, and these have been unsealed after you receive them; or
If you have not purchased our products as a consumer.
In these circumstances, please contact us at email@example.com to discuss your options if you wish to cancel your contract.
Please refer to our Returns and Refunds policy
6 Modifications to Website
We reserve the right to alter, suspend or discontinue any aspect of Our Website or the content or available through it, including Your access to it. Unless stated otherwise, any new features including new content, and/or the sale of new products shall be subject to these Terms.
7 Your Information
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for use on our Website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our Website that comes to your attention.
9 Applicability of Online Materials
9.1 Personal Use
Unless otherwise stated, text on our website is presented solely for your private, personal and non-commercial use.
9.2 Compliance with Law
We make no representations that the materials on Our Website is appropriate or available for use in locations outside the UK.
10.1 Your use of our Website and its contents grants no rights to you in relation to our intellectual property rights including, without limitation, trademarks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in our Website and its contents. You may use our Website and its contents only as expressly authorised by us.
10.2 You may not copy, reproduce, republish, download, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website other than for your own personal, non-commercial use. Subject to the above, you may download insubstantial excerpts of this content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
10.3 Any use other than that permitted above may only be undertaken with Our prior express authorisation.
11 Your Use of Our Website
11.1 You agree that in using our Website you will not:
use our Website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
use our Website in any way that interrupts, damages, impairs or renders the Website less efficient;
use our Website for any purpose other than your personal use and in a lawful manner in accordance with applicable law;
email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright or other intellectual property rights, vulgar or indecent or may have the effect of being harassing; threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
advertise or promote third party or your own products or services including by way of the distribution of ‘spam’ email;
transfer files that contain viruses, trojans or other harmful programs; or
access or attempt to access the accounts of other users or to penetrate or attempt to penetrate our Website security measures.
11.2 We reserve the right to suspend, restrict or terminate your access to our Website at any time without notice at our discretion if we have reasonable grounds to believe you have breached any of the restrictions above.
11.3 You agree to compensate us from any claim for damages (including any legal fees in relation to such claim for damages) made by a third party in respect of any matter in relation to or arising from your use of our Website including any breach or suspected breach of these Terms or your violation of any law or the rights of a third party.
11.4 We cannot give any assurances that our products may be made available or used in any particular jurisdiction outside the UK under any applicable non-UK laws or regulations. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase and use the products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
12 Your Content
12.1 By submitting information, text, photos, graphics or other content to us via our Website, you grant us a right to use such content at our own discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove such content from our Website.
12.2 You confirm that you have the right to submit any content submitted to or posted on the Website and have obtained all necessary licences, consents and/or approvals for us to use the content as contemplated in this section.
13 Linking to Our Website
13.1 You may establish links to the Website provided you meet all of the following conditions:
You link only to the home page of the Website;
You do not remove or obscure advertisements, the copyright notice or other notices on the Website;
You give us notice of such link by sending an e-mail message to us at firstname.lastname@example.org and
You immediately stop providing links to the Website if notified by us.
13.2 We make no representations whatsoever about any other websites which you may access through our Website or which may link to our Website. These links are provided for your ease of reference and convenience only. When you access any other website it is independent from us. We have no control over the content or availability of that website. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. You agree that you will not involve us in any dispute between you and the third party website operator. Any concerns regarding any external link should be directed to its website administrator or website operator.
15 Availability of Our Website
15.1 We will try to make our Website available but cannot guarantee that our Website will operate continuously or without interruptions or be error free or that defects will be corrected. We do not accept any liability for its unavailability.
15.2 Access to our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.
16.1 We will not be liable, in contract, tort or otherwise for any of the following losses arising out of or in connection with these Terms: (i) direct or indirect loss of revenues, profits, contracts, business or anticipated savings; (ii) any direct or indirect loss of goodwill or reputation; or (iii) any special or indirect losses. Nothing in these Terms excludes or limits our liability for death or personal injury resulting from our negligence or that of our agents or employees. If you are not a consumer, our liability to you, whether in contract, tort (including negligence) or otherwise, arising out of or in connection with these Terms shall be limited in aggregate to the net payment to us from you for the product concerned.
16.2 Nothing in these Terms exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence or the negligence by our employees or agents, or for any other liability that cannot be limited or excluded by law.
16.3 All content and services on our Website are provided on an ‘as is’ and ‘as available’ basis. We do not make any representation or give any warranty (whether express or implied) in respect of our Website or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via the Website, or in respect of any transaction that may be conducted on or through our Website. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. Nothing in these Terms shall restrict your statutory rights as a consumer (including your rights to receive a reasonable standard of service and your contract cancellation rights under European law).
16.4. We do not accept liability for damage to your computer system or loss of data that results from your use of the Website. We do not guarantee or warrant that any content available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website.
17.1 If you have a complaint about your experience in purchasing our products, please contact us at email@example.com or 02032898701.
17.2 If we are unable to resolve your complaint to your satisfaction, you may want to refer your matter to RetailADR via their website at https://www.retailadr.org.uk/. RetailADR is approved by the government to provide alternative dispute resolution services. They will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. We do not intend to initiate dispute resolution through RetailADR ourselves, but you are always entitled to do so and if you do lodge a complaint with RetailADR, we will engage with Retail ADR in relation to your complaint. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which you can access at webgate.ec.europa.eu/odr.
We may alter these Terms from time to time and post the new version on our Website. All use of our Website from the date we post the new version of these Terms will be governed by that version. you will be deemed to have accepted any such changes by your use of our Website from such time. You must check the terms and conditions on our Website regularly.
If any provision of these Terms is found by a court or regulator to be illegal, unlawful, invalid or unenforceable the other provisions shall continue to apply.
18.3 Governing Law and Jurisdiction
In the event of any dispute between you and us concerning these Terms, English law will apply. If you are a consumer resident in the UK and you wish to take court proceedings against us you must do so within the United Kingdom. If you are buying our products from anywhere outside the UK this does not deprive you of the protection afforded to you by virtue of local laws in that territory.
18.4 Causes beyond Control
Neither You nor We will be responsible for any failure or delay to perform any obligation to the other due to causes beyond your or our respective reasonable control. We will take reasonable steps to prevent or minimise any delay. We will notify you if there is a risk of substantial delay and give you a right to cancel your order.
18.5 No Waiver
If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
18.6 Our Relationship
These Terms govern our relationship with you, and we intend to rely on them and your order. If you require any changes, please ask them to be put in writing to avoid misunderstandings between you and us.
19 Terms & Conditions for our E-Gift Certificates and Spa Gift Cards
Our online Gift Cards and Gift Cards are redeemable for treatments, products or services at OQAY, ZahMal London, ZahMalcosmetics.com UK locations. This gift card cannot be exchanged for cash and no cash refunds or cash change will be given. OQAY does not accept responsibility for lost, damaged or stolen cards or any unauthorised use of the cards. We reserve the right not to accept a gift card which we consider to be affected by fraud. Valid until the expiry date stated; no balance refunds upon expiry. Purchase/use of this card constitutes acceptance of these Terms, which may be subject to change.
You may not use any promotional codes to purchase OQAY Gift cards.