Terms and Conditions

1. Online Terms of Sale

1.1. This website operates under the management of Al Ahasees Textiles LLC. As you navigate through the website, terms such as “we”, “us”, and “our” denote NOYA. By accessing and utilizing this website, including all its information, tools, and services, you, as the user, agree to comply with all the terms, conditions, policies, and notices outlined herein.

1.2. Your interaction with our site, whether through browsing or purchasing, constitutes engagement in our “Service” and implies your consent to abide by the following terms and conditions (“Terms of Service”, “Terms”), inclusive of additional terms, conditions, and policies referenced within or accessible through hyperlinks. These Terms of Service extend to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors.

1.3. Before accessing or utilizing any part of the website, we urge you to carefully read and understand these Terms of Service. Your access or usage of any segment of the website implies acceptance of these Terms of Service. Should you disagree with any of the terms and conditions outlined herein, refrain from accessing the website or using any of its services. By considering these Terms of Service as an offer, you expressly accept and agree to be bound by them.

1.4. Any additions or enhancements to the website, including new features or tools, shall also be subject to these Terms of Service. You can review the most recent version of the Terms of Service on this page at any time. We reserve the right to update, modify, or replace any portion of these Terms of Service by posting updates and/or changes on our website. Your continued usage or access of the website following the posting of any alterations constitutes your acceptance of those modifications.

1.5. Shopify Inc. hosts our website and provides us with the e-commerce platform necessary for selling our products and services to you.

2. Agreement Overview

2.1. It is imperative that you meticulously review these terms before making any purchases from www.thenoyacollection.com, noyacollection.official (Instagram), or Noya (WhatsApp) ("Website"). These Terms, coupled with our Privacy Policy and Website Terms of Service, govern the relationship between you and us regarding this website and the acquisition of our Products through it.

2.2. By placing an order for any Product(s) on this website ("Order"), you express consent to adhere to these Terms. Continued access to the website indicates acceptance of the practices delineated in these Terms, which may undergo periodic updates or changes by us. Regularly checking this page will ensure awareness of any future modifications. Your ongoing usage of the website post such changes indicates your agreement to be bound by our revised Terms.

2.3. By initiating an Order, you are expressing intent to purchase a Product under and in accordance with these Terms. All Orders are contingent upon availability and confirmation of the Order price.

3. Contractual Process

3.1. Orders are processed through the website as delineated in this clause.

3.2. To initiate a purchase, click on "Add to Bag" to include the desired Product(s) in your Bag. Proceed by selecting "Continue to Checkout" to access our secure servers and complete your Order.

3.3. For first-time purchasers, there is an option to register and create an account using your email address, along with the creation of a confidential password. Subsequently, you will be prompted to provide your address details. Returning customers can log in using existing credentials.

3.4. Upon signing in or registering, you must choose your preferred delivery method (if applicable delivery charges will be added to the total amount), affirm your intent to place an Order, and consent to the Terms. Subsequently, confirm your delivery address and input payment details.

3.5. It is imperative to review your Order for accuracy before confirming it. If discrepancies are noted, revisit your Order to rectify any errors before finalizing it on the website.

3.6. Once the Order is placed, payment can be made by entering your card details or seamlessly checking out using Apple Pay.

3.7. Upon Order placement, a confirmation email (containing your order reference number) will be dispatched to acknowledge receipt of your Order. This confirmation is sent to the email address provided during registration.

3.8. If feasible, a second email will be sent to confirm dispatch of the Product(s) to the specified delivery address, along with estimated delivery times.

3.9. The formation of a legally binding contract between you and Noya for the purchase of Products ("Contract") occurs upon receipt of payment for the Order.

3.10. In instances where we are unable to fulfill your Order, you will receive an email notification, and any payment made for the Order will be refunded to you.

1. Making a Change to the Contract

1.1. If you wish to make a change to the Product(s) you have ordered please contact us. We will let you know if the change is possible.

2. Price

2.1. When you submit your Order, you are offering to buy the Product(s) at the price set out in the Order.

2.2. Where you are ordering for delivery to the UAE, all prices are inclusive of VAT in the UAE. Delivery charges (where applicable) for delivery to the UAE will be shown when you view the Product(s) in your Bag.

2.3. The total amount payable by you will be displayed before you confirm your Order and will be set out in the confirmatory email you receive from us.

2.4. Our prices may change at any time. If we discover that the price for a Product has changed or that there has been a pricing error when we receive your Order we will contact you and ask if you wish to proceed at the correct price. If you confirm that you do wish to proceed, please remember that we will not be under an obligation to supply the Product(s) until we have sent you the second email confirming dispatch of your Order.

2.5. It is always possible that, despite our best efforts, some of the Product(s) we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product(s) correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product(s) correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

3. Promotion and Offer Codes

3.1. To redeem a promotion or offer code ("Code"), insert the Code in the "Gift Cards & Offer Codes" box on the Checkout page of the website and click "Update". If valid, the Code will be applied.

3.2. In addition to any Code specific terms and conditions, the following conditions apply to all Codes:

3.2.1. Only one code can be used per Order

3.2.2. Codes can only be applied to full price items (Codes cannot be applied to sale items)

3.2.3. Codes are non-transferrable and no cash alternative is available

3.2.4. Orders must be made prior to 23:59 GST on the closing or expiry date of the Code (if one is specified)

3.2.5. All offers and promotions are dependent on stock availability

3.2.6. Offer codes and promotions may be amended or removed at any time

3.2.7. These Terms apply to purchases made using a Code

4. Payment

4.1. All payments must be made at the time of Confirmation. Payment for all Orders must be made by credit or debit card. We accept credit or debit card payments via Visa, MasterCard, American Express, and Paypal. If we are unable to accept or fulfil your Order for any reason then we will refund any money paid by you in respect of the Order. We will not dispatch the Product(s) until we receive payment in full.

4.2. For payment by card, all credit or debit cardholders and bank account holders respectively may be dependent on authorisation and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.

4.3. To ensure safe and secure shopping, we are Verisign certified. We also use standard internet encryption technology to provide you with the maximum practicable level of security.

4.4. We do not hold any of your payment details anywhere on the website. They are passed securely to our payments processor for authorisation by your bank or payment provider.

5. Delivery

5.1. We aim to deliver Product(s) to the delivery address you have requested in your Order in our second confirmatory email but we cannot give an exact or guaranteed delivery date.

5.2. If we have not delivered the Product(s) to you within 7 (seven) days of the date of the Contract, or any other date that we may agree with you, then you may cancel the Contract and we will refund any money paid by you.

5.3. Legal title to the product purchased will pass to you upon shipment of your order. Risk in the product will remain with NOYA until it is delivered to you at the address specified when you placed the order.

6. Damaged or Defective Product(s)

6.1. Except for any specific warranties we offer in relation to any particular Product(s), or consumer guarantees under law, we do not offer any warranty or guarantee on our Product(s).

6.2. You should inspect the Product(s) when you receive them for defects or damage. If you find a defect or damage contact our Customer Care Team as soon as possible with your Order reference number to hand.

6.3. If the Product(s) are found to be damaged prior to delivery to you, or defective (through no fault of your own wearing or use), we will replace the Product(s) or refund the price paid by you, including any delivery charges you paid, provided that you have not worn or used and damaged the Product(s).

7. Returns

7.1. Without limiting your statutory rights, you may cancel a Contract at any time before your Order is delivered and up to 7 days afterward, beginning on the day the Product(s) are delivered to you or someone appointed by you (other than the carrier) receives the Product(s). By cancelling the Contract, you may return any Product(s) purchased from us within 7 days and request a refund or an exchange.

7.2. To cancel a Contract, you must clearly inform us, preferably:

7.2.1. by email (to contact@thenoyacollection.com ) or

7.2.2. by telephone (on +971 58 541 2839) giving us your name, address and Order reference number.

7.3. You must return the Product(s) to us within 7 days after the day of notifying us of the cancellation, in the same condition in which you receive them (without limiting your rights to take any reasonable steps to examine the Product(s) and make sure they conform to your Order). You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration, up to the price of the Product(s), from the refund to which you are otherwise entitled.

7.4. To return (or exchange) the Product(s), you should package the parcel securely using the original packaging and hand it to our logistics partner which will be communicated to you at the time for return.

7.5. If you cancel a Contract between us within the day period (see above), we will process the refund due to you as soon as possible and, in any case, within 7 days after the day on which we receive the Product(s) back or, if earlier, the day on which we receive evidence that you have returned the Product(s) to our returns address. We will refund the price of the Product(s) in full (except for any deduction we are entitled to make due to your use of, or damage to, the Product(s), or any unnecessary handling by you). If you have selected a delivery method which is more expensive than the standard delivery method (the cheapest option), we will only refund you the amount of the standard delivery charge. All other cancellations and refunds are at our sole discretion.

7.6. We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise.

7.7. Returns are not applicable in the case of Earrings due hygiene purposes.

8. Errors, Inaccuracies and Omissions

8.1. Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

9. Modifications to the Service and Prices

9.1. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

9.2. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

10. Products or Services (If Applicable)

10.1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the website. We cannot guarantee that your computer, mobile, IPAD etc., device’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

11. Notices

11.1. All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these Terms you give your consent to receive communications from us by email.

11.2. Personal information that you supply to us will only be disclosed by us to a third party in accordance with our Privacy Policy. You agree that we may use the personal information supplied by you in accordance with our Privacy Policy.

12. Personal Information

12.1. Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

13. Privacy

13.1. Our Privacy Policy can be found on the website. By consenting to these Terms, you acknowledge and agree to be bound by the terms of our Privacy Policy, which may be updated from time to time. Please read our Privacy Policy carefully.

14. Intellectual Property

14.1. The entire content of the website, including all, copyright, trademarks and other intellectual property rights it contains, including the name NOYA, is the sole property of NOYA and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the website nor may you use any such content in connection with any business or commercial
Enterprise unless explicitly allowed by us.

15. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

16. Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied. In no case shall NOYA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

17. Indemnification

17.1. You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

18. Miscellaneous

18.1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

18.2. A person who is not a party to a Contract is not entitled to enforce any of its terms (including these Terms) under the Contracts.

18.3. We will try and solve any disagreements quickly, fairly and efficiently. However, if you are not happy with the way that we deal with any disagreement and you want to begin court proceedings, you must do this within the United Arab Emirates.

19. Changes to Terms of Service

19.1. You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

20. Governing Law

20.1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Arab Emirates.