TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

Nokaya’s ("Nokaya" "we" "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use, and any other rules posted on our Site (collectively, the "TOU"). Please read the TOU carefully before placing any orders on Site. We recommend you should keep a copy of the TOU for future reference.

Nokaya is being traded by NOKAYA LTD, a company is registered in the UK, company number -14232960. Our registered address is 85 Great Portland Street, London, England, W1W 7LT.

Nokaya offers Products for sale to non-trade Clients, in the capacity of consumers, aged over eighteen (18) and with full legal capacity.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOU and our Privacy Policy. If you are under 18 you must let your parent or guardian know about Nokaya’s Privacy Policy before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18. Products are sold on a retail basis strictly for personal use.

In general, Nokaya reserves the right to refuse any order of Products of an abnormal nature, in particular in the event of orders in quantity and/or for amounts which would be reasonably deemed abnormal

We may modify the TOU from time to time. Please read the TOU and check back often. If you do not agree to any change to the TOU then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

 

PRODUCTS 

The Products offered for sale on Our Site are described and presented as accurately as possible (specifications, illustrations, size, composition, etc.). However variations of screen colour may occur and we cannot guarantee the colour on your monitor or screen is a true reflection of our product on delivery. The Client is recommended to refer to the description of each Product to find out more about the Product concerned, particularly in relation to the features the Client is looking for, since the Client is solely responsible for choosing and buying a Product. 

All of our lingerie should be hand-washed only.

Goods are classified as faulty if they are not of satisfactory quality, fit for purpose or as described. We do not accept any responsibility for wear and tear and damage to the product caused by machine washing, reckless treatment or not following any other instructions. If your item is faulty when you receive it, you can return it for a refund within 14 days from the date you received it. Please note that items which are damaged or as a result of normal wear and tear; by accident; or through misuse will not be considered faulty.

E-vouchers are valid for one year after date of purchase. Nokaya reserves the right to cancel any Gift Vouchers in its sole discretion where fraud or misuse is suspected. The voucher can only be used in the same currency as it was bought in - double check you're shopping on the right site.

If a Client spends more than the value of your gift voucher, it's obligatory to pay the extra using another payment method in the usual way.

 

PRICES

The prices applied are those indicated on the Site at the time of the order. 

The Client is informed that prices are subject to change, and might be changed without notice.

Prices are indicated in GBP, and do not include the delivery costs of the order (hereafter “Delivery Costs”). These Delivery Costs are indicated to the Client on the review cart page as well as on the order summary page, prior to confirmation and payment of the order. The prices outside the UK are exclusive of Duties and Taxes and are sold on Delivery-at-Place duty basis (DAP). For Deliveries outside of the UK region additional customs charges may be added depending on shipping location. 

Descriptions and prices are correct at the time they go live on the website. However prices are subject to change without notice in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.

If any product is incorrectly priced so that the correct price is higher than the price stated on our website, we may either contact you and ask you if you would like to proceed with the order at the correct price, or we may contact you to tell you that we have cancelled your order. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

If client's credit/debit card is not denominated in GBP, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction

Discount and promotional codes are limited to one per customer and cannot be used in conjunction with any other offer unless otherwise stated. Discounts and promotional codes can only be used on items specified and are available only when visible on the website, they cannot be used retrospectively or after the closure of the sale.

If there is a free gift with purchase, it cannot be returned alone - it must be sent back as a whole order. If there is a coupon code promotion, the coupon code must be added in your basket prior to checking out. One Client cannot use more than 1 coupon code or promotion at the same time. Promotions may be altered, suspended or withdrawn by us at any time without further notice or explanation.

 

ORDER

All orders are subject to acceptance and availability and items in your shopping basket are not reserved and may be purchased by other customers.

Nokaya offers products for sale that are in stock and available for dispatch from the warehouse.

Nokaya might but is not obliged to store a record of your transactions for a minimum of one year.

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and Nokaya will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of Nokaya.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOU.

We may also refuse to process and, therefore, accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

The Client has the option of contacting Nokaya Client Service by telephone, messages in brand's social media or by e-mail in order to request the assistance. For all intents and purposes, it is reminded that the Client can only be delivered to the countries listed on our Delivery & Returns Page to which Royal Mail, Landmark Maxi and DHL offer their shipment services.

The Client may therefore instruct Client Service to add the Products that he has previously selected to an order. The Client Service then fills in the information required to complete the order with the assistance of the Client, i.e. :

• his delivery and billing address,
• the delivery method chosen among those offered to him (delivery times and costs vary according to the delivery method and are indicated at this stage),

Nokaya and NOKAYA LTD cannot be held liable for the inaccuracy of the information communicated by the Client.

Once the order has been finalized with Client Service, the Client receives an order summary e-mail at the e-mail address indicated by the Client when placing the order. The Client is then invited to check the contents of his/her "Basket", to read the TOU communicated, and to pay the amount of his/her order by clicking on the button on the secure link provided in the e-mail giving access to the secure payment of his/her order.

The contract between a client and  NOKAYA LTD for the sale of any product comes into effect at the point you receive a confirmatory email from Nokaya that your order has been successfully dispatched.

Legal ownership of the product transfers to you (the buyer) at the later of the point we receive proper payment and the point they are dispatched from NOKAYA LTD.

Any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of the UK between the client and NOKAYA LTD  irrevocably submit to the non-exclusive jurisdiction of the English law and the relevant courts of England and Wales will have exclusive jurisdiction in the event of a dispute. 

PAYMENT

By placing an order, you confirm that the payment details are correct and that you are entitled to make payment using them. You confirm that when we process your order, payment will be made in full.

When the order is placed at our website, all credit card details are handled by our payment processing partners are STRIPE and SHOPIFY PAYMENTS. You will be transferred to their secure site to make payment.

By making an offer to purchase merchandise, you expressly authorize us to perform credit checks and where Nokaya feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

We accept Visa, MasterCard, American Express and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal. When selecting either of these options at checkout, you will be redirected to their site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to Nokaya. Payment will be debited and cleared from your account upon dispatch of your order by Nokaya.

You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Nokaya, we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Stripe, a secure online payment gateway that encrypts your card details in a secure host environment. These details will be fully encrypted and only used to process card transactions which you have initiated.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

The order is considered accepted and to be confirmed once it has  been fully paid.

 

DELIVERY

You will own the goods on and from the later of the point in time when we receive payment in full and the goods are delivered the goods to you.

We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Nokaya, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.

We aim to dispatch all orders within 2 business days after its receipt, and is subject to order full information and credit card authorization, and COVID-19 local regulations. Any order placed over weekends will usually be dispatched on Monday (with the exception of bank holidays). For any special requirements, please contact us, we will always do our best to help.

Delivery times appearing on the site are estimates and are to be used as a guide only and commence from the date of dispatch. Nokaya is not responsible for any delays caused by destination customs clearance processes and governmental COVID-19 regulations.

If delivery is delayed by any event outside of our control, 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 cancel your order and we will give you a refund for any goods you have paid for but not received.

All standard deliveries made within UK will be sent via Royal Mail and recommend a signature. Express orders are handled by DHL and outbound orders will be sent via Landmark Maxi. 

International orders are a subject to customs or other delays outside our control. There may be some places that we cannot deliver to and we will let you know if that is the case.

Please note that all shipments outside the UK may be subject to import duties and taxes, which are levied once a shipment reaches your country.  As we have no control over these charges and cannot predict what they may be, additional charges for customs clearance must be borne by you. All the shipments outside  the UK are done under Delivered-at-Place duty basis.

CANCELLATIONS, RETURNS AND EXCHANGES

You have the right to cancel your order within 14 days by a written notice.

The cancellation period will expire 14 days from the day after the day on which you (or someone you nominate, other than a carrier) receives the last of the goods.

To exercise the right to cancel, you must inform us by email to: sales.nokaya@gmail.com.

For orders cancelled, we will issue you with a full refund excluding the shipping cost paid by you. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make reimbursement without undue delay, and not later than:

• 28 days after the day we receive back from you any of the goods supplied;

or

• (if earlier) 28 days after the day you provide us with evidence that the good have been returned;

or

• if no goods were supplied, 28 days after the day on which we are informed about your cancellation.

We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the re-imbursement.

In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. If we do not receive the goods back, we may arrange to have them collected from you at your cost.

You shall return cancelled orders, faulty goods or items for exchange, marking your order number clearly to:

Nokaya c/o Flostream Ltd

Unit 2, Blackthorne Point,

Blackthorne Road, Poyle

SL3 0DA, United Kingdom

without undue delay and in any event not later than 14 days from day on which you communicate your cancellation via the form or contactig us via email sales.nokaya@gmail.com. The deadline is met if you send the goods before the period of 14 days has expired.

You will have to bear the cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods.

Please note you may only use your right to cancel the order if you give us formal written notice of cancellation any time after your order has been placed, up until 14 calendar days from the day after you receive your order, by email or post as described above.

All goods must be returned in their original condition, unworn and with all tags attached in their original packaging.

The client should take care with unpacking and repacking. Items should be returned unused and with all Nokaya labels still attached, ensure that briefs are tried on over own lingerie – we will not accept returns on lingerie that has been worn or washed. Returns that are damaged or soiled will not be accepted and will be sent back to the customer and/or a refund refused.

All returns should be requested before you send your item(s) back to us to allow for easy identification and prompt processing. Unidentified returns will be returned to the sender.

Gift cards cannot be exchanged for cash.

We cannot be held responsible for goods lost in transit. We recommend that you send any returns to us by registered post and retain proof of postage.

Customers who have paid by credit card will have their account credited. While we process this immediately this can take up to a month to be reflected on your statement depending on the credit card provider. We will not make refunds to a third party.

 

LIABILITY

We do our best to make sure the contents of our website is without defect and is accurate, but we do not claim, guarantee or warrant that any material on our website is accurate, up to date or suitable for any particular purpose. If you use our website, you do so at your own risk.

We will not be responsible if for any reason our website is down or unavailable and we will not be responsible to you for the content of any third party site linked to from our website.

We will only be responsible to you for any losses that you suffer where we either breach our contract with you, or otherwise fail to use reasonable skill and care and then only to the extent that such losses are foreseeable i.e. it is obvious to both of us that such losses might be suffered at the time you order the relevant product.

To the extent the law permits it, our maximum liability to you in relation to an order placed by you will be limited to the amount paid by you for that order.

We will not be responsible for indirect or consequential loss or loss of profit or losses suffered by anyone acting other than as a private individual (retail customer and not acting in the course of a business).

We are also not responsible for failure to meet any of our obligations under the TOU where such failure is due to events beyond our reasonable control.