1.1 This document outlines the pre-order policy of Abú Wear LTD, a licensed trader of Hirbawi Kufiyas. It is designed to govern the transactions between the Company and its customers regarding the pre-order of these unique cultural items. The policy aims to ensure a clear understanding of the processes and terms involved in pre-order transactions. It addresses the distinctive nature of Hirbawi Kufiyas, recognizing their cultural and geopolitical significance, and sets forth terms that respect these aspects while safeguarding the interests of both the Company and its customers.
Part 2: Product Description
2.1 Hirbawi Kufiyas are renowned for their distinctive patterns and craftsmanship, symbolizing a rich cultural and historical heritage. Each piece is produced with meticulous attention to detail, reflecting a blend of aesthetic beauty and authenticity. Abú Wear LTD, in its capacity as an authorized distributor, is committed to maintaining the highest standards of quality and authenticity as established by the Hirbawi brand. This section of the policy underscores the Company's dedication to preserving the integrity and heritage of the Kufiyas, ensuring customers receive products that are not only visually appealing but also carry historical significance.
Part 3: Pre-Order Process
3.1 The pre-order process is integral to the efficient management and distribution of Hirbawi Kufiyas. This system allows Abú Wear LTD to determine the precise quantities and varieties of Kufiyas to import based on customer demand. When a customer places a pre-order, they are making a commitment to purchase a product that will be specifically imported for them. This process involves selecting the desired product and completing the pre-order. Customers are expected to understand and agree to the terms and conditions of this policy, as their completion of the pre-order constitutes an acknowledgment and acceptance of these terms. It's important for customers to recognize that their pre-order sets in motion a series of operational steps, including financial commitments and logistical arrangements, making their pre-order a binding agreement for the specified period.
4 Role of Payment Providers in Currency Conversion
4.1 Currency Conversion Process: When a Buyer makes a purchase from Abú Wear LTD, the currency conversion is managed by the payment provider selected at the time of transaction. These providers, which include Shopify Payments, ShopPay, PayPal, and others, use their own systems and protocols to determine the exchange rate applicable at the time of the purchase. It is important for the Buyer to understand that these rates are subject to the conditions of the forex market at the time of the transaction.
4.2 Abú Wear LTD’s Trading Currency: The primary trading currency of Abú Wear LTD is GBP (British Pounds Sterling). Consequently, all pricing and transactions are initially set in GBP. When a Buyer from a non-GBP region makes a purchase, the payment provider will convert the transaction amount from GBP to the Buyer’s local currency at the prevailing exchange rate.
4.3 Buyer’s Acknowledgment of Payment Providers’ Role: The Buyer acknowledges that the exchange rate, and consequently the final amount in their local currency, is determined by the payment provider and not by Abú Wear LTD. The rate applied is based on the forex market conditions at the time of purchase, which are beyond the control of Abú Wear LTD.
4.4 Inquiries and Concerns About Exchange Rates: For any questions or concerns related to the exchange rate applied to their purchase, Buyers are advised to contact their chosen payment provider directly. As these providers set and manage the exchange rates independently, they are best positioned to address any queries related to currency conversion. Abú Wear LTD is unable to influence or provide specific details about the exchange rates used by these external payment platforms.
Part 5: Risks Associated with Overseas Sourcing
5.1 Abú Wear LTD sources Hirbawi Kufiyas directly from Hebron, West Bank, Palestine, a region known for its complex geopolitical context. This situation poses unique risks, including potential delays and supply chain disruptions. The company strives to mitigate these risks but acknowledges that some circumstances are beyond its control. This section outlines the company's stance on handling delays or disruptions stemming from geopolitical challenges. While every effort is made to ensure timely delivery, Abú Wear LTD wishes to inform customers of the potential for unforeseen interruptions. The company is not responsible for delays or issues arising from these external factors but is committed to keeping customers informed and providing the best possible solutions in such scenarios.
Part 6: Pre-Order Contract Terms
6.1 By placing a pre-order with Abú Wear LTD, customers enter into a binding contract. This contract stipulates that the customer agrees to allow the company to complete associated transactions without hindrance once a period of 14 days passes following the pre-order. (For example, importing the Hirbawi kufiyas from Palestine) This is crucial for the company to finalize the necessary arrangements for importing the ordered Kufiyas.Afterthis 14-day cooling off period, the customer's pre-order is considered a firm commitment, and the company will be making actionable steps based on this commitment, including financial and logistical arrangements. Customers are therefore expected to adhere to the contract terms and refrain from actions that would disrupt these processes.
Part 7: Cooling-off Period and Cancellation Rights
7.1 In compliance with UK consumer law, Abú Wear LTD provides a 14-day cooling-off period for pre-orders. This period allows customers to reconsider their purchase and cancel their pre-order without facing any penalties.
Cancellation Process: To cancel a pre-order within this cooling-off period, customers are required to notify Abú Wear LTD invia email using firstname.lastname@example.org.
Refund on Cancellation: Upon cancellation within this period, any funds paid by the customer for the pre-order will be refunded. The refund process adheres to the guidelines set out in the Consumer Rights Act 2015 and will be executed promptly.
Part 8: Refund Processing
After a pre-order is canceled within the cooling-off period, Abú Wear LTD is committed to processing refunds in accordance with UK consumer protection laws.
Refund Timeframe: The company is required to refund the customer within 14 days of being informed about the customer’s decision to cancel the pre-order.
Method of Refund: Refunds will be processed using the same payment method used by the customer at the time of the pre-order, unless a different method is agreed upon.
Full Refund: During the cooling-off period, refunds will be made in full, including any standard delivery costs paid at the time of placing the pre-order.
Part 9: Returns Policy for International Orders
For international orders, Abú Wear LTD maintains a specific returns policy:
Return Conditions: Eligibility for a refund or return depends on the item being in the same condition as when shipped. The item must be unopened, in its original packaging, and in a resellable condition.
Return Shipping Costs: The customer is responsible for the costs associated with returning the product.
Damaged Returns: In the event of a product being returned in a damaged state, a partial refund, up to 50% of the original item cost, may be offered. The extent of the damage will be assessed to determine the refund amount.
Part 10: Statutory Rights
10.1 Abú Wear LTD's pre-order policy is formulated to comply with UK consumer law and is not intended to override or infringe upon the statutory rights of the customer. The terms and conditions outlined in this policy are supplementary to the rights customers have under applicable laws, such as the Consumer Rights Act 2015. In instances where there is a conflict between this policy and statutory rights, the latter shall prevail. This policy is crafted to enhance the customer's rights and provide additional clarity and assurance in their transactions with Abú Wear LTD.
Part 11: Post-Purchase Online Cooling-Off Period
Customers are entitled to a post-purchase cooling-off period as mandated by UK consumer law for online purchases. This includes pre-ordered items:
Duration and Applicability: The post-purchase cooling-off period extends to 14 days after the day on which the customer, or a nominated individual, receives the goods. This is in accordance with the Consumer Contracts Regulations 2013.
Right to Cancel: During this period, customers have the right to cancel their purchase for any reason and receive a full refund, including the cost of standard delivery. However, additional costs resulting from the choice of a delivery type other than the least expensive standard delivery offered by the Company will not be refunded.
Part 12: Additional Legal Provisions
This policy includes provisions for unforeseen circumstances and the rights of the customer and the Company:
Non-Waiver of Rights: Failure or delay by the customer in exercising any right or remedy under this policy shall not constitute a waiver of those rights.
Severability: If any provision of this policy is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this policy and will not affect the validity and enforceability of the remaining provisions.
Part 13: Comprehensive Handling of Customs-Related Issues and Additional Charges
13.1 Non-Claimed Customs Parcels and Rejected Shipments
13.1.1 Responsibility for Clearance: Customers bear full responsibility for the customs clearance of their parcels. This includes understanding and complying with the specific customs regulations and procedures of the destination country.
13.1.2 Handling of Non-Claimed Parcels: If a customer fails to claim a parcel and it is subsequently returned to Abú Wear LTD, it's important to note that the shipping costs incurred for the initial dispatch are non-refundable. The customer may receive a refund for the product cost, but this will be less the shipping charges.
13.1.3 Protocol for Rejected Shipments: In situations where a shipment is rejected at customs and returned, Abú Wear LTD may, at its discretion, offer a one-time reshipment at no additional cost to the customer. This commitment is part of the company’s dedication to customer service, acknowledging the challenges of international logistics.
13.1.4 Customer Notification and Confirmation: Upon a shipment being returned, Abú Wear LTD will inform the customer of the situation and the offer for reshipment. The customer must confirm their desire for this reshipment and may be required to provide additional information to ensure successful delivery on the second attempt.
13.2 Responsibility for Import Taxes, Duties, and Charges
13.2.1 Buyer’s Financial Obligations: Import taxes, duties, and other related charges levied by the destination country are the sole responsibility of the buyer. These charges are not included in the initial purchase and shipping costs of the item.
13.2.2 Direct Payment to Authorities: Such additional charges must be paid directly to the customs authorities or the courier service handling the delivery. Abú Wear LTD does not collect these fees and thus cannot include them in the initial invoice.
13.2.3 Legal Compliance: Customers are expected to adhere to all local laws and regulations regarding the importation of goods. Refusal or failure to pay these charges can lead to complications, including but not limited to the parcel being held at customs, returned, or discarded.
13.2.4 Delivery and Return Implications: Non-payment of additional charges can adversely impact the delivery of the item. If a product is returned to Abú Wear LTD due to the buyer’s non-payment of these fees, the standard return policy applies, with the original shipping costs being non-refundable.
13.3 Enhanced Customer Awareness and Cooperation
13.3.1 Educating Customers: Abú Wear LTD endeavors to provide general information regarding potential additional import costs but emphasizes the importance of customers being proactive in understanding their own country’s customs regulations.
13.3.2 Encouragement of Proactive Communication: Effective and timely communication is crucial in resolving customs-related issues. Customers are urged to actively communicate with Abú Wear LTD and customs authorities to ensure a smooth resolution of any issues.
13.3.3 Support and Assistance: Abú Wear LTD will provide support and assistance to customers facing customs issues, although the primary responsibility for resolving these matters lies with the customer.
Part 14: Acknowledgment of Financial Market Fluctuations and Waiver of Preorder Cancellation Rights
14.1 Impact of Financial Markets on Product Pricing
14.1.1 Understanding Market Influence: The Buyer acknowledges and understands that the pricing of Hirbawi Kufiyas, herein referred to as "the Products," is subject to the influence of global financial markets. This specifically includes the foreign exchange (forex) markets, whose fluctuations are external factors that Abú Wear LTD, herein referred to as "the Seller," cannot control. These market fluctuations can arise from a variety of global economic conditions, including but not limited to geopolitical events, economic policies, and changes in international trade relations.
14.1.2 Market Sensitivity of Pricing: The nature of international commerce means that the cost of importing and sourcing the Products is sensitive to these market changes. This sensitivity can lead to variations in the prices of the Products, which may occur without prior notice. The Buyer is made aware that such variations can affect the final purchase price of the Products, potentially leading to price increases or decreases by the time of delivery.
14.1.3 Legal Context and Buyer's Acceptance: In line with consumer protection laws, this acknowledgment by the Buyer of the market’s influence on pricing forms the basis for a specific legal exemption. It is understood that due to this market dependence, the Buyer relinquishes the right to cancel their preorder based on financial market movements that impact the pricing of the Products before their delivery. The Buyer is therefore advised to consider these market influences when making a preorder decision and should be prepared for possible price adjustments that are reflective of the prevailing global financial conditions at the time of purchase.
14.1.4 Informed Decision Making: The Seller emphasizes the importance of informed decision-making by the Buyer. By understanding the potential impact of financial market fluctuations on pricing, the Buyer can make a more informed purchase decision, acknowledging the inherent risks and accepting the possibility of price variations due to factors beyond the Seller’s control.
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