Terms and Conditions
Last updated: June 03, 2017
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://asian-bay.co.uk website (the “Service”) operated by AsianBay Limited (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that AsianBay Limited is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the
information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that AsianBay Limited cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy
Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply. The terms and conditions of any other “Promotions” are independent of this agreement.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of AsianBay Limited and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of AsianBay Limited.
When you upload content, you give to AsianBay Limited a worldwide, non-exclusive, royalty-free, transferable licence (with right to sublicense) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and AsianBay Limited business.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by AsianBay Limited.
AsianBay Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that AsianBay Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless AsianBay Limited and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall AsianBay Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third
party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
AsianBay Limited its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will AsianBay Limited ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including
without limitation gross negligence and fundamental breach) by AsianBay Limited or any person for whom AsianBay Limited is responsible, and even if AsianBay Limited has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
If you have any questions about these Terms, please contact us.
AsianBay reserves the right to refuse any customer or items supplied if deemed to be of inadequate quality or if we suspect there is any foul play in the terms and conditions of business.
If there is any misuse of AsianBay we reserve the right to close down your account.
Anyone purchasing/hiring or selling on AsianBay MUST be over the age of 18 and over.
All item’s sent to AsianBay must be in an acceptable condition and appear as stated on site and per the dispatch note.
Colours descriptions and sizes must be accurate.
The customer must state if there are any wear and tears to any of the garments.
Delivery of all items whether you are selling, buying or hiring must be RECORDED DELIVERY ONLY.
Hire of Accessories & Garments
It is the purchaser’s responsibility to return the goods supplied by AsianBay back in the timeframe agreed/stated at the time of purchase and in the same condition as hired. Under no circumstances can any of the hired items be adjusted or tapered with.
Items hired from AsianBay must be returned via RECORDED DELIVERY ONLY, within the days agreed at the time of hire as per AsianBay T&C’s
If there is any wear, tear or damage to any of the items hired it is the purchaser’s responsibility to inform AsianBay of these.
AsianBay reserves the rights to charge the purchaser for the damage of hired items based on the extent of the damage, whether or not the item can be repaired or whether we need to completely replace the item.
We will bill you the full amount through your card details that were provided at the time of purchase/hire.
Under no circumstances will we except the purchaser to clean any item independently, however we will accept dry cleaning, but this is at the consumers cost.
At the time of collection of hired items you must produce proof of ID, this can either be in the form of a driving licence, or a passport and copy of a recent utility bill.
It is the responsibility of the purchaser to ensure that the goods they are purchasing from AsianBay are to their specification. Our website is designed to guide you through as quick and easily possible to purchase your items, please take time to read the items specifications and check the details of your order at each stage. Once your order has been placed this cannot be changed/amended.
All items delivered to you will be via RECORDED DELIVERY ONLY.
The information that we have provided is accurate to the product we have seen and packaged.
We have made every conscious effort to ensure the information that we have provided is and true as can be.
If you are not happy with your purchase you can return your items to us, you must however return your items back to us within 14 days of purchase at your own cost RECORDED DELIVERY ONLY.
To do so first contact AsianBay who will then provide you with a returns note to send back to us along with your item/s.
It is the responsibility of the sender to ensure that the item(s) retuned to AsianBay are appropriately packaged to avoid any damage to the goods.
Selling Items On AsianBay
It is the seller’s responsibility to clearly and honestly describe their items to AsianBay.
Descriptions must be true to the view of items.
No items will be accepted by AsianBay if they are not fit for purpose.
Delivery of items to AsianBay must be RECORDED DELIVERY ONLY.
Please note: Payment of items sold will be made within 28 days of sale.
Once you agree to sell your item(s) with AsianBay we ask that you give us a minimum of 6 months to sell your item(s). If they are not sold within this time frame you can either ask for your item(s) to be returned to you at your own cost or ask us to continue to sell your item(s).
Delivery of Items
All items purchased from AsianBay will be delivered to you via a traceable service selected by us and you will be notified via email once your item has been dispatched.
Once You Place Your Order
Once your order has been placed with us you will receive confirmation of the order via email.
Please note that this does not mean that we have accepted your order, your order will only be accepted once payment has successfully been taken for that order.
Selling Items On AsianBay – For Business Owners
It is the seller’s responsibility to supply AsianBay with pictures of their items along with clear and honest descriptions of them including sizes and measurements.
Descriptions must be true to the view of items.
No items will be accepted by AsianBay if they do not comply with our Customer Database, all items will be verified by AsianBay prior to any advertisement of sale.
Once an order has been placed and payment has been received AsianBay will contact you, you must dispatch the item(s) within 24 hours of the confirmation email. If you are planning to be away from the office for a period of time, please contact us and we can add a note onto your listing advising that order will not be dispatched until after this period of time. When listing your items if you could advise AsianBay on your Delivery Procedure e.g Royal Mail/Courier and if you are dispatching from outside the UK how long it would take for the parcel to reach the UK. This information will enable us to continue to provide our High-Quality Customer Service Commitment.
Orders must be dispatched via RECORDED DELIVERY ONLY.
AsianBay charges only 12% off the sale of your items, we do not charge you a monthly fee or a listing fee unlike other selling sites.
Please note: AsianBay will transfer payment of the item(s) sold with 28 days into your Account minus the deduction of our fee (the timescale may differ slightly for Non-UK Traders due to delivery timescales as we will need to confirm with your purchaser that items have been received and they are happy with their purchase before payment can be made.
To Open a Traders Account with AsianBay we simply require your business name, address, telephone, email address and appointee person details along with your returns policy prior to your Account being created with AsianBay.
Your details will be held on a safe & secure database and we do not share any of your details with a third party.
Once your account has been created we would ask that you upload a Minimum of 3 items for sale. Please note this could be 1 item that you have multiple amounts of.