WEBSITE

Ayatana Arts allows access to this website on a temporary basis and reserves the right to withdraw, restrict or change the site at any time and without notice.  We will not be liable if for any reason our site is unavailable at any time or if the content is changed or out of date.

You must treat as confidential any user identification code, password or other security feature in relation to our site.  If, in our opinion, you aren’t complying with these terms of use, we have the right to disable any such code, password or feature at any time.

(1)  VARIATIONS

We may revise these terms of use at any time by amending this page or by provisions or notices published elsewhere on our site.

(2)  INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights within our site and the material published on it. Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You must not use any part of the materials on our site for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our prior written consent.

If, in our opinion, you are in breach of these provisions, your right to use our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.

(3)  RELIANCE ON INFORMATION AND LINKS

The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

(4)  INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy (see below).

(5)  LINKING TO OUR SITE

You may link to our home page only if you have first obtained our written consent and provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.

You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

If you wish to make any use of material on our site other than that set out above, please send us a request by using the contact form on the Contact page.

(6)  VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By failing to comply with this provision, you would commit a criminal offence and your right to use our site will cease immediately and we will report your actions to the relevant authorities.

(7)  LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:

o  loss of income or revenue;

o  loss of business;

o  loss of profits or contracts;

o  loss of anticipated savings;

o  loss of data;

o  loss of goodwill;

o  wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect any liability which cannot be excluded or limited under applicable law.

(8)  JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

PRIVACY POLICY

This website operates without collecting and processing any personally identifiable data.

The exceptions to this are :

• Where you choose to leave your name and contact details here on this website for us to get in touch with you
• Where you choose to leave your name and contact details within any survey we may run
• Where you interact with us using our Facebook page
• Where you leave your name and address during the course of making a purchase from our website

(a) When you choose to leave your details via the 'Contact' page of this website :

We will use the details to contact you via email for the purposes of engaging in reciprocal communication between us.  We will retain your email address and name for as long as you wish such communications to take place.  You may cease communications at any point and inform us that you wish your data to be deleted and this will be done within 24 hours of us receiving your request.

(b) When you choose to leave your details via a survey :

These details are transferred to us by 'Smart Survey' and are then treated by us in accordance with (a) above.

'Smart Survey' have their own privacy policy which can be viewed here.

For the avoidance of doubt, as the owners of any given survey, we have set it to be anonymous which means we have not requested any personal data and we have also requested that Smart Survey do not store your IP address.  Obviously, if you choose to leave your contact details for future updates, again, this will be handled as per (a) above.

(b) Facebook Page

If you choose to contact Ayatana Arts via our Facebook page, you understand and acknowledge that as a social media platform, such contact then facilitates visibility of your Facebook name and potentially (according to your own personal Facebook settings), your profile.

Ayatana Arts will only communicate with you via Facebook if;

• you send us a message via their messaging system;
• you decide to 'follow' the Ayatana Arts Facebook page;
• you interact with posts made on the page;

For the avoidance of doubt, you acknowledge and accept that Facebook is a third party social media platform with their own privacy policy that has no relationship with or to Ayatana Arts.

(d) When you make a purchase from our website :

When you make a purchase from our website, as a minimum, you will need to supply us with your name, your delivery address and your email address.  We will use this information to fulfil your order and to keep you informed of the progress of it.  We will ask you if you wish us to keep in touch with you in connection with offers and new products.  If you select 'no', we will not do this.  If you select 'yes' you may withdraw this consent at any time by contacting us here.

In the event that you do not interact with us again following 12 months from your purchase date, we will delete your details from our database.  

SHOP & PURCHASING OF GOODS 

1. Introduction

By making a purchase on ayatana.co.uk, you agree to be bound by the following terms and conditions. Please read them carefully. These terms may be subject to change without notice, and it is your responsibility to review them periodically.

2. Ordering and Payment

2.1. Order Placement:

When you place an order on our website, you are making an offer to purchase the products in your cart. We reserve the right to accept or reject this offer at our discretion.

2.2. Pricing:    

Prices for products that are listed on our website are subject to change periodically. We will charge you the price listed at the time of your order.

2.3. Payment:

We accept payment via PayPal and Bank Transfer.  For payment via bank transfer, please add the items you require to the cart and contact us for our bank details. Orders placed via Bank Transfer receive a 5% discount. Your payment details will be securely processed, and you agree to pay all charges incurred in connection with your order.  (This does not include PayPal charges which are borne by us as the supplier).

3. Shipping and Delivery

3.1. Shipping: 

Orders for items that are in stock are despatched daily via the Royal Mail tracked 48 service and are charged at £3.50. This does not include single item purchases such as one badge or one fidget item.  These are charged at £1.95. We will make our best efforts to ship your order within the estimated time frame, but we do not and cannot guarantee delivery dates. Once shipped, you will be provided with a tracking number and the rest of the process is out of our hands. Shipping costs, if applicable, will be displayed during the checkout process and all orders of £35.00 and over in value qualify for free shipping.

3.2. Risk of Loss: 

The risk of loss and title for products purchased from us passes to you upon delivery to the carrier.

4. Returns and Refunds

4.1. Returns:  

Returns are not accepted for any product where you have simply changed your mind.  

4.2 Ayatana Handmade Items:

These items are made from premium materials and with longevity in mind and it is therefore, unlikely that your item will fail due to breakage.  Should this happen within 6 months of purchase and not due to any misuse by you or unwarranted stress being inflicted on the item, we will accept a return and will provide you with a unique returns number.  It is your responsibility to pay for return postage and all components of failed products must be returned, even if they are loose. Please package the item(s) for return carefully.

Upon receipt, we will inspect the item(s) and will be able to deduce from this how any breakage occured.  If we deem that the failure of the item is due to it being subjected to stress that has not occured during regular everyday use, no refund will be issued (we have done a lot of reearch in this area during the prototype phase of our product development so are pretty savvy in deducing this kind of mis-treatment).

If it is apparent that the product has failed due to an issue with a component or composition, we will offer you the choice of either the full repair and return of the product to you with your return postage cost refunded or, a replacement with your choice of either a new version of the same item or a different item of equivalent value, again with your return postage cost refunded.

Full refunds for items returned are at our discretion and dependant on the reason for return.  In the unlikely event of product failure, your return postage cost will be fully refunded.

4.3 Single, Non Handmade Items:     

Should these items fail for whatever reason within 30 days of purchase and not due to any misuse by you or unwarranted stress being inflicted on the item, we will accept a return and will provide you with a unique returns number.  It is your responsibility to pay for return postage.  Upon receipt of the item, we will inspect it and where it is obvious that product failure has occured, we will refund the cost of the item in full but no refund will be made for return postage.

4.2. Refunds:

Upon receiving a return that we deem valid in accordance with the information in 4.2 and 4.3 above, we will process a refund to your original payment method, within 7 days.

5. Product Warranty

5.1. Product Warranty:

We warrant that our handmade products will be free from defects in materials and workmanship for a minimum period of 6 months.

6. Limitation     

6.1. Limitation of Liability:

We are not liable for any indirect, incidental, or consequential damages arising from the use of our handmade products or products from third parties that we sell via this website.

7. Contact Information

7.1. Contact: 

If you have any questions or concerns regarding your purchase or these terms and conditions, please contact us by using the online form here.