Terms & Conditions

1. Agreement

By using the Website you agree to be bound by these Terms.

2. Website amendments:

We reserve the right to:

  1. Update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for these updates. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates that you agree to be bound by the new Terms; and modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.

3. Registration

You warrant that:

  1. The personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity
  2. The products purchased on this site are for private and domestic use only and are not for reselling.

4. Privacy Policy

  1. We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy.
  2. When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information.

5. Compliance

  1. The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:
  2. Any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character.

6. Indemnity

  1. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.

7. Orders

  1. All orders are subject to acceptance and availability. If the goods ordered are unavailable, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
  2. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.
  3. We will take all 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 liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
  4. The products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
  5. You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.

8. Price and Payment

  1. All prices shown are inclusive of VAT (only where applicable – see below) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you.
  2. If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.
  3. Please note that when shipping goods from outside the United Kingdom, cross border shipments may be subject to opening and inspection by customs authorities. In respect of all goods dispatched to you to an address outside of the United Kingdom, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.
  4. Payment can be made by any major debit or credit card or via your PayPal account. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you.
  5. In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
  6. You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
  7. Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail.

9. Refusal of orders

We reserve the right to cancel part of an order or whole orders under certain circumstances without prior notice. Payments will be refunded as soon as possible if payment is made. We also reserve the right to refuse to serve customers that there has been problematic with in the past.

10. Intellectual property

  1. The content of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
  2. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

11. Limitation of Liability

  1. Notwithstanding any other provision in the Terms, nothing in these Terms:
  2. affect or limit your rights as a consumer under English law; or will exclude or limit our liability for death or personal injury resulting from our negligence.
  3. The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
  4. Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
  5. In particular, we disclaim all liabilities in connection with the following:
  6. Incompatibility of the Website with any of your equipment, software or telecommunications links; technical problems including errors or interruptions of the Website; unsuitability, unreliability or inaccuracy of the Website; and failure of the Website to meet your requirements.
  7. To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.

12. Severence

  1. If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.

13. Law

  1. These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.

14. Returns Policy

  1. In order to ensure our customers receive the best level of service we offer a comprehensive returns policy in the unlikely event that you are not satisfied. Please note that the following returns procedure must be followed, and failure to do so may result in us being unable to exchange goods or provide refunds. Also please be aware that we cannot be held responsible and provide refunds/exchanges on stock affected by circumstances beyond our control. This includes damage and neglect after goods are received, goods being stored in climatic conditions such as extremes of temperature that can affect some items.
  2. You’ll need to package the item securely and include: Your order number and whether a replacement or refund is needed, the reason why you are returning the item.
  3. Goods returned should be in their original condition and packaging in which they arrived, along with a copy of the invoice or packing slip within 14 days.
  4. Once received items will be checked and refunds on goods and postage arranged where suitable. We cannot issue refunds on simply unwanted goods due the perishable nature of goods on sale and hygiene reasons. Refunds/exchanges will only be offered on items that are faulty, and were clearly so at the time at which they were dispatched. Please contact info@niyacosmetics.com for all returns/ exchange related queries.
  5. Please note that you will be responsible the shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
  6. We have made every effort to display as accurately as possible the colours of our goods that appear on this website. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour or design of products will be completely accurate.

Office 4, 219 Kensington High Street, Kensington, London, W8 6BD, 11262250