Terms and Conditions

 

These are the terms and conditions of operation between Kabāya - කබාය (hereinafter, referred to as Kabaya) and our end user. The end user is stipulated as anyone who uses our webpage or any of our services. These terms and conditions are applicable on all purchases unless explicitly stated. Special terms and conditions shall apply to certain products including the general terms and conditions.

Kabaya shall under no circumstance contact you requesting your financial details.

The following statements the words “you”, “your”, “yours’s”, etc. shall refer to the customer and/or end user purchasing from or using Kabaya. This statement applies to members as well. “Store” stands for the Kabaya store. This may include products by others who are affiliated with Kabaya.  The words “we”, “us”, “our” shall refer to Kabaya of The Failing (Private) Limited and our affiliates. All products sold on the webpage: www.kabaya.co are bound by the following terms and conditions.

Kabaya proprietary item/s:

All logos, text and colour schemes are copyright and trademark of Kabaya clothing owned by The Failing (Private) Limited. Usage of these without our consent is strictly prohibited and will be of copyright infringement.

Kabaya Web page:

  1. While we do our best, we cannot guarantee the images on our website exactly represent actual products or their packaging. In particular, the colours shown on the website may not exactly represent the colours of our products because, the colours you see on the website depend on the colour reproduction on your device or any other device used to browse our website and the device used to capture the image of the product.

  2. All external images, trademarks, logos, text, graphics and other content appearing on this website are the property of their respective owners and are protected by copyright, trademark and other intellectual property laws.

  3. We are not liable for any harm that befalls to your devices/any device you use while, using/browsing our webpage or using the WIX app to purchase goods. We are not in any way liable for the device you choose to use for our services.

  4. Usage of our web page for illegal activities are completely prohibited. We do not encourage nor provide any illegal activities.

  5. While we do our best to supply accurate information on this site, errors and omissions may occur. We do not accept any liability to you or any third parties for any loss or damage which may directly or indirectly result from your use of the website or your access to, or inability to access, the website. This includes viruses alleged to have been obtained from the website and your reliance on any advice, opinion, information, representation or omission (whether negligent or otherwise) contained on the website. By using the website, you agree that you are using the website at your own risk and that you are solely responsible for the actions you take in reliance on the content displayed on or, accessed through the website.

  6. Deliveries are made to the provided details updated by the customer. We shall not be responsible for errors by the customer in updating the mentioned. The address given to us is the address we ship to. We are not liable for mistakes made by you when providing information to Kabaya.

 

Shipping Terms:

 

All orders placed with us depend on the availability of the product. If a product is unavailable, we shall ship part of your order. In the event we cannot ship your order separate we shall contact you directly.

Shipping cost depends on the weight of the purchased item/s and the location to which it should be delivered. Shipping cost is non-refundable.

Shipping time may vary than what is stated due to your location, method of delivery, courier practices, and the quantity of item/s ordered. In the event your order is shipped in separately delivery times will vary as and when the item/s are shipped out.

In the event of receiving a damaged product you must contact us within 3 days from the receipt of your order. It is highly advisable to check your order as you receive your order and inform us of damaged goods as soon as possible.

You shall be responsible for entering the correct address to which the products should be delivered to. We shall not be liable in any way for the product being delivered to an incorrect address.

In the event you request the courier to leave the parcel at your doorstep, we shall not be liable for the theft of your item/s.

In the event of sending a gift, if the intended receiver of the parcel is not accepting, troubled and/or does not want to receive the parcel from the sender, the sender shall be held solely responsible for any damages to us, to the receiver and others. We shall not be responsible for the item/s in this instance. Returning of the item/s will not be accepted. You are responsible for the address that you request us to deliver an item/s to. We shall not be liable for any issue arising by the item/s being sent to the address provided by you.

You shall bear the cost of returning item/s back to us in the event of returns. Returns shall be governed by our returns; terms and conditions.

Sri Lanka Shipping terms:

In addition to the above the following conditions apply to Sri Lankan customers.

  • Self-collection of goods is available for you.

  • Collection can be carried out from the following day of the purchase date from 9am until 8 pm.

  • Express same day delivery using Uber, Pick Me or other service is available for purchases made before 12 noon.

  • Express services are not available for locations outside of Colombo.

  • We are not responsible for the item/s being damaged during transit.

  • You will bear the cost of transport.

 

Overseas shipping terms:

In addition to the above the following shall apply to overseas orders.

  • Any customs duty and/or taxes to be paid is your responsibility.

  • Any goods held by customs is your responsibility.

  • It shall be your responsibility to ensure item/s prohibited for import is not purchased through us. We shall not be liable for any detainment or seizing of item/s.

  • High value item/s shall only be sent through secure post.

Returns and Refunds:

The following terms and conditions strictly apply to item/s being returned. Please take your time to try out the items.

  • You may apply for a refund by returning your item/s to us. Please note that you shall have to bear the cost of returning the item/s back to us safely.

  • Sri Lankan customers have 30 days to return an item while overseas orders have 60 days to return an item to us from the date of receiving items.

  • Products MUST have all tags intact and proof of purchase, to be eligible for a return.

  • You must provide a valid reason for returned item/s.

  • We shall not entertain a damaged returned item/s. In which event we shall not refund you.

  • We are not liable for damages caused during the return transit. It is your responsibility to ensure and document the item/s before being returned to us.

  • You must clearly state and ensure the correct return address is provided. We are not responsible for item/s sent to a wrong address. It is also your responsibility to retain the return postage receipt and all documents provided to you by the courier.

  • Until the refund has been completed it is your responsibility to hold on to your order number, and any other correspondence to prove the purchase.

  • Item/s worn, washed, used for other purposes, damaged in anyway, missing components and/or item/s (i.e. buttons, sequins, identification tags, packaging etc), missing, cut, modified fabric sections etc. shall not be eligible for a refund or return nor, will we entertain a change of mind.

  • Item/s that accompany packaging should be returned with the packaging intact and without any damage.

  • All tags, labels must be intact and unharmed.

  • Returns shall be approved after a thorough inspection of the item/s returned.

  • Intimates are not eligible for a refund nor returns due to hygienic reasons.

  • Jewellery items such as earrings, piercings cannot be returned due to hygienic reasons.

  • Cosmetics are not eligible for refunds and returns.

  • In the event we reject a returned item you shall bear the cost of shipping the item back to yourself.

How to return an item?

  • Fill out the Form using the following link (Click here for returns application form). The email address used to purchase the item must be used. This Form must be submitted within 30 days of receiving the item for Sri Lankan customers while, overseas customers have 60 days. Post the item to us and fill this form within 2 days from posting to us.

  • Attach a picture of the postal slip clearly stating the tracking number.

     

  • Hang back and let us handle the rest.

  • Once we receive the returned item/s we shall send you a confirmation email. Please allow us 14 days to send this email to you. If you don’t receive this email within 14 days, please contact us.

  • If all return criteria are met, we shall refund you the funds within 30 days of sending you the above-mentioned email. If paid by card, it will be refunded to the original card you purchased.

  • In the event of payment by cash on delivery or bank transfer we shall refund to your bank account only. We shall not refund you by cash for cash on delivery. In this event please mention your account number correctly in the above Form.

  • In the event of self-pick up, only cash payments will be refunded in cash. Card payments and bank transfers will be refunded to the card and bank transfers to your bank account directly.

 

 

We reserve the right to amend these terms and conditions as and when we see fit. We also reserve the right to change our Privacy Policy as and when needed. By using our services, you are agreeing to our terms and conditions and our privacy policy.

Kabaya  brought to you by The Failing Pvt Ltd. 

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 Logos, textures etc. of the brands we help bring down to Sri Lanka are owned and copyrighted by the respective organisations. The clothing catalogue excerpts are shown here as samples for your reference to their collection only. 

 © 2020  Kabaya. Proudly created with Wix.com

All orders will be governed by the terms and conditions and the privacy policy of Kabaya and The Failing Pvt Ltd.

We reserve the right to alter, modify and/ or change the above policies as we see due fit without further notification to our customers.

Kabaya text, Colour scheme and logo are copyright of Kabya and The Failing (PVT) Ltd.