Nayomi » Terms & Conditions

Nayomi.com.sa Internet Usage Terms and conditions.

Background
Nayomi Online is the operational and sales website for the following products, Nightwear, Underwear, Slippers, Home products and Beauty Products.
This Website is operated by Nayomi.com.sa (Nayomi Online) and is an Online e-commerce site As a user of this site, the Customer must acknowledge that any use of Nayomi Online including any transactions made is subject to these terms and conditions.
Nayomi Online requests that all Customers read through these terms and conditions prior to undertaking any transaction.

General

Nayomi Online reserves the right to change these terms and conditions at any time, without reference to the Customers. Any of these changes will be listed on Nayomi Online and once listed will become operational.
As a customer of Nayomi Online you will be required to enter in details to create a login and password (Password Details) so that the Customer may place an order. All Password Details must be kept confidential by the Customer
Definitions
Customer – means registered customer of Nayomi Online
Nayomi Online – means the operational name for the Website http://www.nayomi.com.sa

Agreement For Sale
1. By having the Customer place an item in the online shopping basket without completing the purchase cycle does not: constitute an agreement of sale between Nayomi Online.
2. The Customer cannot hold Nayomi Online liable if such items are not available when the purchase cycle is completed later; and/or constitute an order for such an item. Nayomi Online only warrants that the prices and items availability is only identifiable after the Customer completes the Purchase cycle.
3. Nayomi Online may remove such an item from the online shopping basket or online wish list if no stock is available.
4. An agreement of sale between Nayomi Online and a Customer only comes into effect if and when:
  1. A credit card authorization is received from the Customer’s issuing bank; or
  2. A deposit of an electronic transfer is reflected on Nayomi’s bank statement (and only if such payment is received within 3 (three) business days after completion of the purchase cycle); or
  3. A direct deposit is reflected on Nayomi’s bank statement (and only if such payment is received within 3 (three) business days after completion of the purchase cycle)
5. Nayomi Online reserves the right to refuse or deny or finalise and complete an order. Nayomi Online is not obliged to provide the Customer with any reasons as to why the order was refused, denied or completed.
6. Nayomi Online reserves the right to cancel orders in whole or in part as circumstances dictate. Nayomi Online shall only be liable to refund monies already paid by the Customer when goods are unable to be provided or the order has been refused, denied or not completed.
7. Nayomi Online shall take all reasonable efforts to maintain and regularly update all prices on Nayomi Online in order to ensure that the correct prices are listed. However, should errors occur and items are offered at incorrect prices, Nayomi Online will not be obliged to sell goods at the incorrect listed prices. In the event that a Customer does not wish to proceed with the transaction and the goods have not been shipped, the Customer may be entitled to a refund of any monies paid.
Payment
1. Payment methods
  The Customer is responsible for any payments due for all products ordered through your account from Nayomi. If Nayomi Online do not receive payment from your credit issuer or its agents, The Customer agree to pay all amounts due to us. The Customer shall also be responsible for any costs of collection of overdue payment.
2. Credit Cards
  Nayomi Online accept Visa and MasterCard cards only.
  The Customer’s credit card details (name on card, number, expiry date and last 3 digits of the number on the back of your card) will be requested on the Payment page. Nayomi Online guarantees safe credit card transactions [refer to Fraud Protection and Personal Information].
  At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.
  Payment is only charged to your credit card when the order is completed and the goods shipped.
3. Currency
  All prices listed in a base price in UAE dirhams currency
4. Price
  The price of each item is displayed next to the item, and is an individual price. In the event of a sale or special offer, the discounted price will be displayed next to the item. Nayomi Online reserve the rights to change prices without any notification. Nayomi Online does not warrant that the price listed as the sale price on the website is the same as the price of the same item in any Nayomi stores.
Backorders (out of stock)
1. Backordered merchandise includes items that are not currently in stock. In most cases, these items are on order from our manufacturing facilities or suppliers. In some cases, Nayomi Online are researching or waiting for stock information from one or more of our suppliers.
2. Nayomi Online will make every effort to get the item(s) back in stock as soon as possible. If Nayomi Online haven’t been able to locate and ship the item(s) to The Customer in 30 days, an order status email will be sent to The Customer. If for any reason Nayomi Online determine that a backordered item is no longer available, Nayomi Online will cancel the item from your order and notify. The Customer via email. Nayomi Online will not charge your credit card until the item ships. Therefore, the Customer’s credit card needs no adjustment upon cancellation of any order.
Return Policy
1. Reason for Return
  Nayomi Online take great pride in our reputation for providing quality and excellent value and products. If for any reason The Customer is dissatisfied with a purchase, Nayomi Online will assist The Customer with a prompt refund or exchange. However any item of underwear that has been removed from its packaging will not be exchanged and the Customer will not be refunded if they Customer has changed their mind.
2. Return Form must be Completed
  The Customer are required to state clearly the reason for return on the the prescribed form, the Return Form. (Click here for Return form) The Return form is also printed at the reverse of the invoice supplied with the products. Unfortunately, The Customer cannot return merchandise bought through Nayomi Online at Nayomi stores.
3. Nayomi Online Refund Policy
  1. Only new, unopened and unused items will be considered.
  2. No refund or exchange would be entertained for Bras and underwear items.
  3. The amount refunded will be the same amount as printed on the purchase receipt/Order summary.
4. Conditions for Refunds
  1. Refunds can only be made within 48 hours of purchase or receipt of the goods.
  2. Nayomi Online does not support exchange of merchandise. Exchange is only accepted in case of wrong product being shipped by Nayomi Online.
  3. In order to claim a refund on special offer / multi-buy items, all items from the offer must be returned at the time of refund along with return form duly filled in.
5. How to Get A Refund
  1. The Customer must return the received package including your return and exchange form with your consignment. (click here for a printable return and exchange form).
  2. The Customer is requested to return all items purchased by courier and to ensure the parcel is insured and able to be traced.
  3. Nayomi Online will not take any responsibility for lost parcels and may decline to offer a refund in the event The Customer has not taken out adequate insurance.
6. The parcel must be returned to
  Return address via courier / registered parcel only to:
  
  Nayomi Online,
  Kamal Osman Jamjoom Est,
  Suite 401,
  Sultan Business Centre,
  Oud Metha Road,
  Dubai, United Arab Emirates
7. Incorrect Item Delivered
  In the event that an incorrect item is delivered, The Customer must immediately (within 48 hours) revert by email to Nayomi Online about the wrong item being shipped. The product is required to be returned to Nayomi Online within 14 days of the email. Refunds for products that are returned within 14 days of the purchase date and comply with the Return Policy, will be credited to the credit card used to purchase the item.
8. Refund via Internet only
  Nayomi / Mikyajy retail outlets and stores will not accept returns/exchanges on any purchases made through Nayomi Online.
9. Shipping fees are not refundable.
  If the reasons given by the Customer for a refund or exchange is that the product shipped was incorrectly shipped by Nayomi Online, or in the event there was a duplicate shipment, the cost to return the goods to Nayomi Online is paid by Nayomi Online. If the reason for return is because customers does not like the item, then the cost of shipping is to be absorbed by customer.
10. Disclaimer:
  Certain goods like fragrances cannot be couriered in some countries due to security reasons like flammable items. It is the Customer’s responsibility to check the criteria in your country before placing an order and indeed returning an order. Nayomi Online will not be held liable for any packages sent through the post and not deliverable because of the existence of these policies.
Conditions concerning Special Offers
1. Nayomi Online will not be liable for the sale of items at lower prices if such prices were increased and users and/or purchasers could not, for any reason whatsoever, conclude an agreement of sale while such prices remained low.
2. If Nayomi Online supplies the wrong product or if the product is in any way faulty or damaged , Nayomi Online will exchange it for the correct one and the cost for the exchange will be at Nayomi Online’s cost.
3. However, if the product is no longer being offered at the special price, it will not be replaced and Nayomi Online will refund the purchase price including delivery costs.
Product Orders
1. PRICES AND AVAILABILITY OF ALL PRODUCTS LISTED ON NAYOMI ONLINE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
2. The listing, description of, or reference to, a product or service on Nayomi Online does not imply that the product or service is presently available or that Nayomi Online endorse that product or service. In the event a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, Nayomi Online shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, Nayomi Online shall promptly issue a credit to your credit card account in the amount of the incorrect price.
3. Revisions:
  Nayomi Online may terminate, change, suspend or discontinue any aspect of this Web Site, including the availability of any features of the site, at any time and without notice.
  Nayomi Online also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice.
  Nayomi Online may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Web Site after any changes to these terms are posted will be considered acceptance of those changes.
Registration and Security
1. If The Customer wishes to purchase any products or use certain services from Nayomi Online, the Customer must open an account with us and provide the required information to us. By entering any information on the Site, The Customer represents and warrants that:
  1. The Customer must be at least 18 years of age;
  2. The Customer must be using their actual identity and is not entering false identity information;
  3. The Customer has provided only true, accurate, current and complete information;
  4. The Customer is using their own Credit Card for payment or a credit card that they have the authority of the named person to use;
  5. The Customer must maintain and promptly update the information that The Customer provided when they first registered to keep it true, accurate, current and complete; and
  6. further, the Customer acknowledges that Nayomi Online has relied on the information provided by the Customer in order to process and dispatch the order.
2. Confidentiality
  The Customer agrees to maintain strict confidentiality of the Customer’s own account and any passwords issued to The Customer for use of or access to Nayomi Online. The Customer must not allow any other individual or entity to use the Customer’s username(s) or password(s) that has been issued to The Customer by Nayomi Online. The Customer will be responsible and liable for all activity that occurs under you’re the Customer’s account or password.
  Nayomi Online will not be held liable for any loss or damage arising from your failure to comply with these obligations. All information provided to us will be used in accordance with our Privacy Policy.
3. Cancellation of Username / Password Details
  If The Customer wish to cancel a username or update their Password Details, or if The Customer become aware of any loss, theft or unauthorised use of their username or password details, The Customer must notify Nayomi Online immediately. Nayomi Online reserve the right to delete or change any username or password at any time and for any reason.
Fraud Protection Program
As part of our order processing procedures, Nayomi Online will screen all received orders for fraud or other types of unauthorized or illegal activity. Nayomi Online reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity
Nayomi Online reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. Nayomi Online take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
All credit card transactions are encrypted. The company registration documents and the site’s registered domain name are checked and verified by Mashreq bank.
Disputes
In the event of any dispute of any nature whatsoever arising between Nayomi Online and the Customer on any matter provided for in, or arising out of this agreement, and not resolved by Nayomi Online, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the arbitration Foundation of United Arab Emirates.
Arbitration proceedings shall be conducted in Dubai in English.
Copyright
All Web site design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all software is Copyright (c) 2005, Nayomi.a division of Kamal Osman Jamjoom Est., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on Nayomi Online is the exclusive property of Nayomi and protected by UAE. and international copyright laws.
All software used on this site is the property of Nayomi or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with Nayomi or using this Web site as a shopping resource. Any other use of materials on this Web site - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Nayomi is strictly prohibited.
Nayomi Online cannot screen or edit all the content available from the Nayomi Online site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Nayomi Online of any content that may be offensive or illegal by sending an email to nayomi@nayomi.com.sa
Trademarks
All of the content on http://www.nayomi.com.sa, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Nayomi and may not be used in connection with any product or service that is not offered by Nayomi in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nayomi.
Intellectual Property Rights
All the content, trademarks and data on Nayomi Online, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Nayomi and as such are protected from infringement by local and international legislation and treaties.
Electronic Communications
1. When a user visits Nayomi Online or sends e-mails to Nayomi Online that user consents to receiving communications from Nayomi Online electronically and agrees that all agreements, notices, disclosures and other communications sent by Nayomi satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
Protection of the Customer’s Personal Information
1. Nayomi.com.sa realize that our customers trust us to protect their personal information. Nayomi Online take that task seriously. Nayomi Online maintain physical, electronic and procedural safeguards to protect your personal information. For example: Nayomi Online use industry-standard Secure Sockets Layer ("SSL") authentication to guarantee the confidentiality of Online transactions made on our site. SSL authentication and encryption of the information that The Customer send to us over the Internet help protect your Online transaction information from third party interception.
2. Additional Security Measures
  Nayomi Online never display your full credit card number once it has been entered.
  1. Nayomi Online will only reveal the last four digits of your credit card for verification purposes.
  2. Nayomi Online urge The Customer to protect your own privacy.
  3. Nayomi Online does not permit The Customer to share their password with anyone or share your password in an unsolicited phone call or e-mail.
  4. Nayomi Online will NEVER email you to verify your credit card number.
  5. If you receive an email that appears to come from Nayomi Online that asks you to provide your credit card information or your password to Your Account, it would NOT be from Nayomi Online. If Nayomi Online wishes to verify information they will telephone the Customer directly.
  6. THE CUSTOMER should NEVER provide your credit card or password.
  7. If you receive an email that requests credit card or other personal information in exchange for a Nayomi Online gift card or discount voucher, it is NOT from Nayomi Online.
  8. The Customer is invited to help Nayomi Online fight fraudulent email requests that make reference to Nayomi Online by forwarding them (without altering the subject line) to us at Nayomi@nayomi.com.sa.
3. Risks Associated with Online transactions
  Unfortunately, despite all of our efforts, there is always a risk that third parties may unlawfully intercept transmissions. This reality is true of all Internet use. As a result, Nayomi Online cannot ensure the security of any information The Customer transmit, and The Customer transmit all information at your own risk.
  Nayomi may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions :-
  1. Nayomi shall not disclose personal information from Users unless the User consents thereto;
  2. Nayomi shall disclose information without the User’s consent only through due legal process; and
  3. Nayomi may compile, use and share any information that does not relate to any specific individual.
  4. Nayomi owns and retains all rights to non-personal statistical information collected and compiled by Nayomi.
Protection of children’s privacy:
Nayomi Online will never knowingly request personally identifiable information from anyone under the age of 18 without prior verifiable parental consent. If Nayomi Online receive actual knowledge that a member is under the age of 18 and has registered without his or her parent or guardian’s permission, Nayomi Online will remove from our files all personally identifiable registration information about that child
Viewing of Personal Information:-
1. Nayomi.com.sa may share your personal information with companies that perform services for us, such as fulfilling orders, delivering packages, sending postal mail and e-mails, analyzing customer data, providing marketing assistance, processing credit card payments, investigating fraudulent activity, conducting customer surveys, and providing customer service. They have access to personal information needed to perform their functions, but may not disclose your personally identifiable information for other purposes.
2. Some personal information is stored on servers owned by other companies. Only Nayomi.com.sa has the right to access this information
Use of Web Beacons :-
1. Nayomi Online have included web beacons on some of our web pages. Nayomi uses web beacons to transfer data (such as purchase and site usage history). Nayomi may provide this data to companies that assist Nayomi in data research and analysis; these companies are prohibited from using this data for any other purpose. The analysis and research helps Nayomi to determine customer preferences and improve Nayomi’s offerings. Nayomi may also rely upon third parties to assist with the use and implementation of the web beacons.
2. Definition of web beacon: A web beacon, sometimes called a pixel, is a graphic image or small string of code, that is included on web pages or in an email to enable the transfer of data. Web beacons can be used by companies for several purposes such as reporting web site traffic, customer preferences, advertising effectiveness, and general auditing.
Disclaimer
http://www.nayomi.com.sa / Nayomi Online will not be liable for any damages of any kind arising out of or in connection with the use of this web site. this is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Nayomi Online DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.
All items purchased from Nayomi Online are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Nayomi to such agents upon delivery of any item to such carrier.
Neither Nayomi Online nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.
Comments, Feedback and Other Submissions
Nayomi.com welcomes your comments and feedback regarding this Web site, and Nayomi products and services. Any information, materials, suggestions, ideas or comments sent to Nayomi.com will not be treated as confidential, proprietary or trade secret information and, by submitting such information, The Customer are granting Nayomi.com an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, Nayomi.com will not use your name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.
Hyperlinks
No person, business or web site may link to any page on this site without the prior written permission of Nayomi. Such permission could be obtained from the person referred to in clause 1 hereof. This clause does not apply to parties that have entered into e-trader agreements with Nayomi.
Hyperlinks provided on this site to non-Nayomi sites, including but not limited to M-Web, are provided as is and Nayomi does not necessarily agree with, edit or sponsor the content on such web pages.
Product Information
Nayomi products displayed on this Web site may be available in select Nayomi retail stores in the UAE, KSA, Oman,Qatar & other GCC countries. All prices displayed on this Web site are quoted in AED .
1. Color Information
  While Nayomi Online has tried to accurately display the colors of products, the actual colors The Customer see will depend on your monitor and may not be accurate. Nayomi Online do not warrant that the particular colour will be featured 100% accurately.
Applicable Law
This site is created and controlled by Nayomi in UAE .As such, the laws of UAE will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Nayomi Online reserves the right to make changes to its Web site and these disclaimers, terms and conditions at any time.
Taxes & Import Duties
1. The Customer’s order may be subject to import duties and taxes, which are levied once you’re the Customer’s package reaches you’re the Customer’s country.
2. Nayomi Online does not collect duties and taxes and cannot predict, or will not advise at any stage, what your particular charges, government duties, credit charges or foreign currency conversion fees maybe.
3. If The Customer does incur any additional charges, they must be paid by The Customer to the authorities, ie the Customs, in order to have your goods rendered in order for your package to clear customs..
4. Taxes are will to be collected by DHL on delivery.
  For more information regarding your country’s custom’s policies, please contact your local customs office.
5. Total shipment charge is calculated as below:
  Total Shipment charge to customer = Freight ( from Matrix attached)
  Add: Fuel surcharge which is 6% of freight.
  Add: Postal tax which is 10% of freight.
  Add: Import duty which is 5% of Retail value.
  (Kindly note in GCC countries rate is 5% but will vary from country to country).
Delivery Terms-
Nayomi Online delivers to its customers the goods expressed shipped by DHL which is its logistics partner.
The Delivery will usually take place within 4 days after dispatch, however, seasonal peaks and delays at customs etc is outside the control of Nayomi Online and deliveries may take up to1 week.
Click here for shipment rate & zone matrix
All orders once confirmed will be given an indication of the delivery time.
Orders placed on Fridays will be processed on Saturday evening.
Miscellaneous
1. Nayomi Online is under no liability for delay or failure to deliver products or otherwise perform any obligation as specific in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond it’s reasonable control.
2. These terms and conditions do not confer any rights or benefit to any person that is not a party to the contract of sale, formed upon the Customer placing an order.
3. No delay or failure by Nayomi Online to exercise any powers, rights or remedies under these terms and conditions will constitute as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Nayomi.