TERMS AND CONDITIONS OF SALE AND USE

OVERVIEW

Kolonna Manufacturing (Pvt) Ltd (PV 129369) whose registered office is at Bernard Botejue  Business Park, 106, Dutugemunu Street, Kohuwela, Dehiwala (hereinafter referred to as “us”,  “we” or “our”) owns and operates this website at www.vyaya.lk (the “Website”) through which  Vyaya branded products (the “Products”) are sold. 

Any information, tools and services available from this Website by any user (hereinafter  referred to as “you” or “your”) are subject to these Terms and Conditions of Use and Sale (the  Terms”). Please read them carefully and make sure that you understand them, before using  the Website and ordering any Products. 

By visiting this Website and/or ordering Products through our e-commerce service (the  “Service”) you agree to be bound by the Terms and any other policies and notices stated on  the Website. 

If you do not agree to the Terms, as amended from time to time, in whole or in part, you must  not access the Website or use any part of the Service. We reserve the right to amend, change,  update or replace any part of these Terms by posting updates and/or changes to our Website.  It is your responsibility to check this page periodically for changes. 

These Terms also govern any use you make of our social media pages such as our Facebook,  Twitter, or Instagram. 

These Terms were updated as of 15th of September 2020. 

GENERAL CONDITIONS

This Website is not intended for use by individuals under the age of 18, in order to use the  Service and purchase products you must be 18 years or older. 

We reserve the right to refuse service to anyone for any reason at any time. 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 any time without notice, at the sole  discretion of us. We reserve the right to discontinue any product at any time

TERMS OF SALE

PRODUCT INFORMATION

All Products shown on the Website are subject to availability. We will inform you by e-mail as  soon as possible if the Product you have ordered is not available and we will refund any  amounts paid for the unavailable Product in accordance with the method of purchase used  when ordering the Product. 

In some cases, merchandise displayed on the Website may not be available in store and we  make no representations or warranties that any of the products or services displayed on the  Website will be available at any time or location. 

The images of the Products on the Website are for illustrative purposes only. We have made  every effort to display as accurately as possible the Products that appear on the Website.  However, your Products may vary slightly from the images on the Website. 

Failure to care for Products as instructed on the tags may cause damage to the Products and  any such damage is not considered a defect of the Product. Once a garment is washed and  the tags are removed, the Product will not be exchanged for any reason

PLACING AN ORDER

You can place an order for Products by browsing the Website, adding an item/items to add to  your cart and checkout to complete your order. 

To checkout you can either open an “Account” with us or you can use our “Guest Checkout”.  If opening an Account with us, you will be required to provide us with some compulsory  personal information. 

You confirm that all personal information provided to us by you is accurate, true to your  knowledge, and kept up to date. You can, at any time, update or correct your details by  logging in to your Account. 

You are responsible for keeping your password and Account information confidential. We  shall not be liable for any loss or damage, which may arise from unauthorized use of your  Account. Should you become aware of or suspect any unauthorised use of your Account,  please contact us. 

If you use our Guest Checkout we will retain your personal information in order to process  your order. 

Completion of checkout online does not constitute our acceptance of your order from us. You  will be notified by email as soon as possible with confirmation that we are processing your  order. Our acceptance of your order will take place only when we take payment from you and  dispatch of the Products is confirmed.

ORDER CANCELLATION

For items you have requested to be delivered, you may normally cancel your order on the  same day on which it was made provided that the Products have not been dispatched for  delivery. 

For items you have requested for in-store pick-up, you may cancel the order within 24 hours  of placing the order. 

If you do cancel the order within this time, any payments made by you will be refunded in full  via the same method used for payment. If you do not cancel within this time, your cancellation  will be deemed to be a exchange of the Products and the terms of our Exchange Policy shall  apply. 

Please inform us of any order cancellation by calling our customer service hotline  0777697378 during operating hours or sending us an email to hello@vyaya.lk. Please  provide the relevant order number to expedite this process.

COLLECTION

You can chose to pick up an order placed through our website at our Head Office by  selecting “Collection” during the checkout process. You will be notified via email that your  order is ready for collection at the the VYAYA Head Office. 

All “Collection” purchases made through the Website must be paid for via credit card

DELIVERY

If during the check-out process you select to have your order delivered to you, the terms of our  Delivery Policy shall apply

EXCHANGES

In the event you chose to exchange any Products once you have received them, the terms of  our Exchange Policy shall apply

RISK AND TITLE

Products will be at your risk and ownership of the Products will only pass to you: (a) for delivery orders, from the time they are delivered; 

(b) for collection orders, at the point of collection (whether collection is by you or a third party  on your behalf).

Risk in relation to Products being exchanged passes from you to us: 

(a) for delivered Products, once the Products have been collected from you by us by our  delivery agent.  

(b) for head office exchanges of purchases made online, once a sales representative at the  VYAYA Head Office has accepted the Products

PRICE AND PAYMENT

You can only pay for Products by using one of the credit cards listed on our site, by paying  cash for the Products on delivery or by using a valid gift voucher issued by us. 

We use a third-party payment processor (the “Payment Processor”) to whom you submit your  payment details directly. The processing of payments will be subject to the terms, conditions  and privacy policies of the Payment Processor in addition to these Terms. We are not  responsible for error by the Payment Processor. As we are not responsible for the operation of  the Payment Processor we will not be liable for any loss you may suffer if a third party obtains  unauthorised access to any information you provide via the link to the Payment Processor. 

All prices on the Website are reflected in Sri Lankan Rupees but exclude delivery costs, which  will be added to the total amount. 

For details of delivery charges, please click here. 

Prices are liable to change at any time, but changes will not affect orders in respect of which  we have already taken payment. 

Despite our best efforts, occasionally there may be information on our Website that contains  typographical errors, inaccuracies, or omissions that may relate to product descriptions,  pricing, promotions, offers, and availability. We reserve the right to correct any errors,  inaccuracies or omissions and to change or update information, refuse to accept orders or  cancel orders if any information on the Website is inaccurate at any time without prior notice.

LIABILITY

In the event of any problem with the Products that you have purchased through the Website,  you agree that your sole remedy, if any, is to exchange the product in accordance with the  Exchange Policy on this Website. 

If, despite the limitations above, we are found liable for any damage or loss when you order  Products from the Website, to the maximum extent permitted by the applicable law, our  aggregate liability to you for any loss or damage arising in connection with these Terms of  Sale shall be limited in respect of each claim, to the purchase price of your order. 

We only supply the Products for domestic and private use. You agree not to use the Products  for any commercial, business or re-sale purposes, and we have no liability to you for any loss  of profit, loss of business, business interruption, or loss of business opportunity. 

Products purchased from this Website are of satisfactory quality and reasonably fit for all the  purposes for which products of the kind are commonly supplied. Subject to any specific 

warranties offered in relation to specific Products or those implied by law, we do not offer any  guarantees or warrantees in relation to the Product(s)

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of,  any of our obligations under any contract that is caused by events outside our reasonable  control (“Event Outside Our Control”). 

An Event Outside Our Control includes any act, event, non-happening, omission or accident  beyond our reasonable control and includes in particular (without limitation) the following: (a)  strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack  or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c)  fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d)  impossibility of the use of railways, shipping, aircraft, motor transport or other means of  public or private transport; (e) impossibility of the use of public or private telecommunications  networks; (f) the acts, decrees, legislation, regulations or restrictions of any government; and  (g) pandemic or epidemic. 

Our performance of any obligation is deemed to be suspended for the period that the Event  Outside Our Control continues, and we will have an extension of time for performance for the  duration of that period. We will use our reasonable endeavours to bring the Event Outside  Our Control to a close or to find a solution by which our obligations may be performed  despite the Event Outside Our Control.

TERMS OF USE OF THE WEBSITE

ACCESSING OUR SITE

Access to our Website is permitted on a temporary basis, and we reserve the right to  withdraw, deny access to or modify the Service we provide on our Website without notice. We  will not be liable if, for any reason, our Website is unavailable at any time or for any period. 

From time to time, we may restrict access to some parts or the whole of our Website to users  who have registered with us. 

You are responsible for making all arrangements necessary for you to have access to our  Website. You are also responsible for ensuring that all persons who access our Website  through your internet connection are aware of these terms, and that they comply with them. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website,  use of the Service, or access to the Service or any contact on the Website through which the  service is provided, without express written permission by us.

INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and all other intellectual property  rights in all material or content supplied as part of the Website shall remain at all times vested  in us. You are permitted to use this material only as expressly authorised by us. 

Unless otherwise noted, all content included on this Website, including images, illustrations,  designs, icons, photographs, video clips and written and other materials is our property and is  protected by Sri Lankan and international copyright laws. The compilation of this website is  our exclusive property and is protected by Sri Lankan and international copyright laws. 

All trademarks, service marks and trade names (collectively the “Marks”) that appear on this  Website are owned by us. You may not display, reproduce, remove or modify the Marks in  any manner without our prior written consent. 

You agree that by posting content on our social media channels, you grant us a worldwide,  non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce,  process, adapt, modify, publish, transmit and display and distribute such content in any and  all media or distribution methods now known or later developed. Further, by submitting  content you represent and warrant to us that (a) you are at least 18 years of age and  competent to contract (b) you are the sole owner of the content (c) that our use of the content  will not violate the rights of any third party, including, but not limited to copyright rights (d)  that your submissions do not contain any confidential information (e) that your submissions  does not contain any unsolicited advertisements, promotions etc; and (f) that you will defend  and hold us harmless from any and all claims arising therefrom. By submitting content you  waive any right to inspect or approve of such uses and agree to hold us harmless from any  and all claims you, your heirs, executors or assigns may at any time have against us on  account of the granting of the license or arising out of our use of the content.

OUR LIABILITY

The material displayed on our Website is provided without any guarantees as to its accuracy.  To the extent allowed by law, we, other members of our group of companies and third parties  connected to us exclude: 

all representations, warranties, conditions and terms, whether express or implied. 

liability for any losses or damages which are not reasonably foreseeable arising out of or in  connection with these terms and conditions or your use of the Website

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE We process information about you in accordance with our Privacy Policy

OUR LIABILITY

The material displayed on our Website is provided without any guarantees as to its accuracy.  To the extent allowed by law, we, other members of our group of companies and third parties  connected to us exclude: 

all representations, warranties, conditions and terms, whether express or implied. 

liability for any losses or damages which are not reasonably foreseeable arising out of or in  connection with these terms and conditions or your use of the Website.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE We process information about you in accordance with our Privacy Policy.

VIRUSES, HACKING AND OTHER OFFENCES

We make every effort to ensure that this Website is free from viruses or defects. However, we  cannot guarantee that your use of this Website or any websites accessible through it will not  cause damage to your computer. It is your responsibility to ensure that the right equipment is  available to you in order to use the Website and screen out anything that may damage it. 

You must not misuse our Website by knowingly introducing anything, which may be malicious  or technologically harmful. You must not attempt to gain unauthorised access to our Website,  the server on which our Website is stored or any server, computer or database connected to  our Website

JURISDICTION AND APPLICABLE LAW

The courts of the Democratic Socialist Republic of Sri Lanka will have exclusive jurisdiction  over any claim arising from, or related to, a visit to our Website and Service although we  retain the right to bring proceedings against you for breach of these conditions in your country  of residence or any other relevant country. These Terms are governed by the laws of the  Democratic Socialist Republic of Sri Lanka.

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