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Welcome to FashionSouq!

Introduction

The website available at www.fashionsouq.com (Site) is operated and administered by Avanli Media FZ LLC ("we", "us", "our"), a company incorporated in Dubai, United Arab Emirates. These terms (Terms of Use & Sale) set out the relationship between us and you ("you", "your") and the terms on which we provide the Site (Part A), the terms on which products are sold via the Site (Part B) and general terms applicable to your use of the Site and purchase of products (Part C). You may not use this Site, and you may not proceed to purchase a product on this Site, if you do not agree to these Terms of Use & Sale.

These Terms of Use & Sale are effective from 1 July 2012. We may change these Terms of Use & Sale at any time by posting an updated version of these Terms of Use & Sale on this Site. We encourage you to check this Site regularly for any amendments to our Terms of Use & Sale and to read these Terms of Use & Sale carefully each time you purchase a Product on this Site. Your continued use of this Site will constitute your express consent to these Terms of Use & Sale.




Part A: Terms of use

Services and fees

This Site is an online platform allowing for the display and sale of products by Retailers, the purchase of products by Users and all related services (Services). For the purposes of these Terms of Use & Sale, "Retailers" are third party sellers of products who are registered with this Site and who can thereby sell their products by using the online transactional capabilities provided by this Site and "Users" are all individuals or organisations who browse or register with this Site or otherwise use transaction capabilities provided by this Site to purchase products from Retailers.

When a User makes a purchase from a Retailer, our responsibility is to place the User's order with the Retailer and process the payment. We are not involved in the sale or purchase of the products listed on this Site. We are an intermediary between the Retailers and the Users and not a party to the sales agreement entered into between the User and the Retailer.

Users will not be charged by us for registering an account, browsing through, posting content or buying products from the Retailers on this Site. Users will be responsible for paying the price of the products they purchase (including any tax on the purchase price and any import/export duties) and delivery costs.

Registering an account

You do not need to register an account to see the content available on this Site or to purchase products. A guest checkout process allows you to purchase products without registering. However, registering your details will allow us to recall your details during the checkout process. You may also need to register an account if you wish to use certain other services or take advantage of other features on this Site from time to time, such as posting content.

In order to register on this Site, you are required to provide certain information on the registration form and register a username and password for use on this Site. This information will be handled in accordance with our Privacy Policy (see section 7 of Part A below).

Remember to keep your password confidential and do not share it with third parties. This is your responsibility.

We reserve the right to decline a new registration or remove your account name or ask you to amend it if we consider it to be inappropriate (including if we consider the account name is intended to be used to commit or promote fraudulent activity or if we consider it to be unacceptable for any other reason).

Eligibility for registering an account or purchasing products through guest check-out

You may register an account with this Site or purchase products through the guest check-out process only if you:

are 21 years of age or older (you may not register or make purchases if you are not competent to contract under the applicable laws of your country of residence and/or the place from where you are making your purchase. If you are a minor (i.e. under the age of 21 years but at least 13 years of age), you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use and Sale. If you are under the age of 21 years, your parents or legal guardians can transact on behalf of you if they are Users. Parents or guardians who are transacting on behalf of minors are strictly prohibited from purchasing any product which is for adult consumption);

your membership has not previously been withdrawn or suspended by us;

if you are registering as a business entity, you represent that you have the authority to bind that entity to these Terms of Use & Sale;

if you are registering on behalf of another person, you represent that you have the authority to bind that person to these Terms of Use & Sale.

Without affecting any other rights and remedies we may have, we reserve the right to suspend, limit or withdraw access to this Site or any User account registration or cancel any order if we believe that you are in breach of any of the above.

Code of Conduct

When using this Site you agree to comply with the code of conduct set out below (Code of Conduct):

You can only create an account for yourself, unless you have the permission to register on behalf of another person or organisation. You may not use another person's account at any time, without express permission of the account holder.

You will provide only true, accurate, current and complete information about yourself as prompted by our registration form. If you become aware of any errors relating to your personal information held by us, you should amend your account information online to the extent possible. If you have any difficulty in amending your account information, please call or email our help center for assistance.

You are responsible for maintaining the confidentiality of your password, and restricting access to and use of your account, and accept responsibility for all activities that occur under your account.

You agree to immediately notify us of any unauthorised use of your account and password.

We try to keep all information on this site up to date, but it may not be correct all of the time. You should independently check the information you use is correct and you use this Site at your own risk. If you find any incorrect information, you can notify us by calling or emailing our contact centre. You may not use this Site for a purpose other than which we have created this Site to be used.

You may not conduct or promote any illegal activities while using this Site. This includes any activities that are in breach of copyright, privacy or any other third party rights as well as activities that are defamatory to third persons.

You may not use this Site to generate unsolicited emails, spam or promotional materials to other Users.

You must not do anything to cause damage to this Site, other Users or the Retailers, including any technical damage to other computers.

Electronic communication

You agree that we can contact you from time to time, by email or otherwise, in relation to our operation of this Site, including any amendments to these Terms of Use & Sale and other policies.

We and our group companies may also send you promotional emails. We require your consent during the registration process to send you promotional emails. If at any time, you decide that you do not wish to receive such promotional emails, you can opt out of receiving such emails by updating communication preference settings for your account or by calling or emailing our help centre or by following the link (if any) at the end of any promotional email to unsubscribe.

Content

Content includes all the information and materials that you have access to in this Site. It also includes information and materials posted to this Site by you, such as the reviews on certain products and commenting on notice boards available on any Merchant's dedicated area on the Site (Webstore).

  • You acknowledge that if you post content or provide information on this Site then such content and information will be accessible to the general public, including persons who are not signed in to use this Site and the public will be able to associate and attribute such content or information to you.
  • You must not post any content which:
  • is calculated to incite hatred against any ethnic, religious or any other minority or to adversely affect any individual, group or ethnicity;
  • you know to be false or inaccurate;
  • criticises the Head of State or Rulers of the Emirates;
  • involves instigation against Islam or the system of ruling, or if it causes harm to the interest of the state or the values of society;
  • violates public discipline and order, or involves insult to children, or calls for or circulates subversive ideas;
  • instigates criminal activity or incites hatred or provokes action of dissension among individuals of society
  • contains confidential official or military communications, or includes conventions or treaties the government holds before they are published in the official gazette;
  • comprises minutes of meetings, deliberations or court hearings that are published in bad faith, misinterpreted or distorted;
  • blemishes the president of an Arab, Islamic or any other friendly state;
  • causes or could cause agitation to relations between the UAE and other Arab, Islamic and friendly countries;
  • defames Arabs and their civilisation or heritage;
  • contains news on an ongoing criminal investigation;
  • contains news, pictures or comments about an individuals' private life that is meant to disgrace such individuals;
  • discloses any secret that may cause harm to the reputation of someone, or his property, his commercial name, or is meant to coerce somebody into paying some money or render a benefit to someone else, or the like;
  • contains any false news about someone;
  • contains news that could cause harm to the national currency or damage to the national economy;
  • includes any phrases, expressions or pictures that are inconsistent with public conduct, or otherwise mislead the public;
  • includes advertisements for medicines or pharmaceutical preparations;
  • maligns a public official or anybody occupying a post in the public prosecution or assigned to perform a public job;
  • incorporates reportage involving more than one person unless it covers points of views of all parties involved in that reportage;
  • is otherwise unlawful, defamatory, discriminatory, pornographic, obscene, abusive, threatening, harassing or encourages conduct that would be considered a criminal offence; or could damage us and/or our group companies.

We can take down or amend any content posted by you at any time if it does not comply with these Terms of Use & Sale (including the terms on intellectual property rights), our policies (including Privacy Policy) or if we consider it inappropriate, unsuitable or if it is necessary to comply with the law.

If you think another User has posted content that they do not own or have the right to post or breaches these Terms of Use & Sale or our other policies in any other way, please call or email our contact centre to make a complaint.

Intellectual property rights

All intellectual property rights in this Site (including all applicable copyright, trade marks and other proprietary rights) whether registered or unregistered shall remain our property or that of our licensors, except for content posted on this Site by you. We are not granting to you any licences under any of those intellectual property rights by virtue of these Terms of Use & Sale

You retain intellectual property rights in any copyrighted content and trade marks that are contained in the content posted by you. You represent that you own or have the necessary licenses, rights, permissions and consents to use and authorise us to use all content submitted by you to this Site.

By submitting content on this Site, you agree to grant us and the Users and Retailers a non-exclusive, royalty-free worldwide licence to access the content you submit through this Site, and to use, reproduce, make derivative works of, translate, distribute, publicly display and perform such content, as well as to make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights under any and all of the intellectual property rights you hold in the content.

You also agree that you will not submit content that is subject to copyright or third party proprietary rights including privacy, publicity, etc unless you are the owner of such rights or have the appropriate permission to specifically submit such content.

This Site may contain links to other websites. We make no representations or warranties as to the content, privacy practices and other practices of any websites operated by a third party and we do not assume responsibility for the content or practices of such websites. You should check the terms and conditions and privacy policies for all third party websites you visit to understand their procedures.

Suspending and terminating your account

  • We may suspend or terminate your account and use of this Site if:
  • you breach these Terms of Use & Sale or the terms of any of our policies;
  • we suspect on reasonable grounds that you might commit a breach of these Terms of Use & Sale;
  • you engage in any activity that is against the law;
  • you do anything that adversely affects our business or reputation;
  • we consider that you are disrupting, disturbing or interrupting the operation of this Site in any way;
  • we consider that you are a fraud risk, are using multiple accounts, using proxy internet protocol addresses to hide the use of multiple accounts; or
  • we consider it is necessary, for any reason, to protect us or our Users.
  • You can deregister your account and stop using this Site at any time. We will keep your account and all your content in an inactive mode but it may not necessarily be deleted. If we elect at our discretion to permanently delete all your content after you have deregistered your account or for any other reason (including a period of inactivity on your part), it will not be able to be recovered or accessed again and we shall have no liability or responsibility for this.
  • If your account is terminated by us for any reason (including breach of these Terms of Use & Sale), we may also elect at our discretion to permanently delete all your content. It will not be able to be recovered or accessed again and we shall have no liability or responsibility for this.
  • Subject to the above, upon termination each party keeps any rights they may have prior to termination.


Part B: Terms of sale

Ordering a product

We are an intermediary between the Retailers and the Users. By placing an order for a product with a Retailer, you make an offer to the Retailer to purchase that product. Therefore the products advertised on this Site are invitations for you to make offers to the Retailers to purchase those products; they do not constitute offers to sell by us or the Retailers.

We are not a manufacturer or supplier of goods. We therefore do not keep goods that are advertised on this Site in stock. The services we provide are limited to those Services defined in Part A above. When you purchase a product by using this Site, our responsibility is to place your order with the Retailer and process your payment. We are not otherwise involved in the sale or purchase of products listed on this Site.

Once you place your order, you will receive a confirmation email from us of your order. It is at this point that the total price of your order (including purchase price of the products and any tax on the purchase price as well as delivery costs) will be charged to your credit or debit card. However, your offer to purchase a product will be deemed to be accepted by the Retailer only if and when your product is dispatched by the Retailer. It is at this point that the sales agreement between you and the Retailer becomes binding. In the case of cash on delivery items, this means that you are contractually bound to accept and pay for goods when they are delivered to you.

For the avoidance of doubt, we are not a party to the sales agreement between you and the Retailer, nor do we assume any responsibility arising out of or in connection with it. We are not the Retailer's agent. It is solely the Retailer who is responsible for the sale of the products and for dealing with any User claims.

If for any reason, your order or part of your order cannot be dispatched to you, this will mean that the sales agreement between you and the Retailer did not become binding and the price of your order (or the undispatched part of your order) will be refunded to you. Please refer to our General Return Policy for more details.

It is your responsibility to keep track of the status of your order.

Commercial terms

As described above, we are only an intermediary between the Retailers and the Users. All commercial terms related to the products advertised and sold through this Site are agreed between the Retailers and the Users, except for those commercial terms that are specifically provided in these Terms of Use & Sale (such as the payment method and delivery). Commercial terms that are agreed exclusively between the Retailer and the User include, without limitation, purchase price, warranties relating to the products and after-sales services.

You should check all terms of the Retailer that are applicable to the specific product you wish to purchase (Product Description). Product Descriptions for individual products can be accessed through the product description pages on the relevant Webstore. Retailers have complete control over the Product Descriptions and may amend their Product Descriptions from time to time. We therefore encourage you to read the Product Descriptions each time you make a purchase, even if you are purchasing a product you have previously purchased via the Site.

Credit or debit card payments

You can pay for your order via the online payment gateway on this Site with a card issued by Visa or MasterCard. You must use your own credit or debit card.

We ask for your credit or debit card details only for the purpose of transmitting that information to our payment gateway in order to enable the payment transaction to proceed. We do not store your credit card details.

Cash on delivery

We may also offer a cash on delivery (COD) payment option for certain items only for delivery within the UAE. You are responsible for agreeing an appropriate delivery window when you are contacted by the shipping company and for paying in full for the product upon delivery.

Displayed prices and currency

Prices, offers, promotions and discounts are displayed in UAE Dirhams along with each product. We will not cancel your order even if the prices displayed along with the product are incorrect. This means that you will benefit from incorrectly displayed prices that are cheaper than the actual price of the product. This however also means that you will be bound by the price you accept to pay in relation to the products whose displayed prices are more expensive than their actual price. It is your responsibility to be satisfied with the product prices offered by Retailers on this Site.

Prices displayed in this Site are the final product prices, which means that (unless otherwise stated in the Product Specification) the displayed product price will be inclusive of any tax, charge or fee that may be levied on it, except for the delivery fees and customs duties, which are payable at the time of delivery and may vary depending on the delivery option selected by the User and your delivery address. If you do not pay such amounts, delivery may be withheld and the goods returned to the Retailer. Users using foreign credit or debit cards should also be aware that in some cases the banks may charge their customers for international transactions. We are not responsible for any such charges levied by the banks

Customers using foreign credit or debit cards should note that the amount charged on their credit or debit card will be the value of the product displayed in UAE Dirhams which is converted into the currency of the credit card or debit card at the prevailing conversion rate by the banks.

In the case of refunds, the amount of the refund will be converted to currency of the credit card at the prevailing conversion rate at the date the refund is processed by us. The difference, if any, in the amount initially charged and the amount of the refund is due to the fluctuation of the conversion rate and any associated bank fees.

Delivery

Once you order and pay for a product on this Site, it will be the Retailer who will be responsible for dispatching your products. The products that are dispatched by the Retailers are passed on to our carriers for delivery.

The delivery period for your order is based on the products you purchase, your shipping address and the delivery options you choose.

The address for delivery provided by you should be correct and proper in all respects. We will deliver to your residential address or primary place of work only. We will not deliver to addresses such as hotel addresses, parking lots or other public places. If your products cannot be delivered to you due to a mistake by you (for example, incorrect contact or address details), any additional cost towards re-delivery shall be payable by you.

We strive to ensure that our carriers deliver your products to you on time. However, we do not assume liability for any direct or consequential damage suffered by non-delivery or delayed delivery.

International orders

Users who reside outside of the United Arab Emirates may also have to comply with the laws of the country in which they reside, such as prohibition on the sale or purchase of certain products.

Such Users shall also note that the custom rules of the country they reside in might not allow certain products to enter the country or might require personal collection from customs. There might also be customs duties applicable to such products, in which case such amounts will be collected from you upon delivery.

Part C: General

Our return policy

If you purchase a product on this Site, which you later wish to return, your request for return will be governed by our return policy (General Return Policy) and any return conditions specific to the product in question (Product-Specific Return Policy). Our General Return Policy sets out in detail how we manage return requests from our Users. We will request you to accept our General Return Policy before you can make a purchase on this Site. Please carefully read our General Return Policy before you make a purchase on this Site.

On-Screen representation of products (imagery, colors and tones)

The images of the products on fashionsouq.com are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours and tones will accurately reflect the colour and tone of the actual product. Your product may vary slightly from the images on fashionsouq.com for a variety of reasons, including inconsistencies in device displays and different light sources.

Your personal information and our privacy policy

By registering an account with this Site, making a purchase through this Site or otherwise providing your personal information to us, you expressly consent to us processing your personal information in accordance with the terms of our privacy policy (Privacy Policy). Please carefully read our Privacy Policy before using this Site or providing personal information to us.

Liability

While we take reasonable measures to ensure that our Site is free from errors and fully functional, we do not warrant that this Site is error or fault free. If you find any error or fault in this Site, you should call or email our contact centre. We cannot guarantee the accuracy of information provided on this Site and we do not warrant that information will be transmitted in a reliable, timely or accurate manner.

We take reasonable precautions to ensure the Site is safe to use, but we do not warrant that this Site is virus free or free from anything else which may have a harmful effect on any technology. It is your responsibility to install suitable virus protection software on your computer.

While we take reasonable measures to ensure the constant availability of the Site, we do not warrant that this Site will always be available or that it will operate in an uninterrupted manner. Due to the nature of the internet, outages may occur. We may need to restrict or suspend access to this Site from time to time to allow for repairs, maintenance or the introduction of new facilities or services.

We do not endorse any Retailer or User content on this Site. We therefore do not accept liability for any content posted on this Site by any Retailer or User or for the conduct of any Retailer or User. Although we try hard to enforce the terms relating to content, you may be exposed through the use of this Site to content or conduct that is in breach of our rules as described in these Terms of Use & Sale or may otherwise be offensive. You use this Site at your own risk in relation to such content.

It is your responsibility to have suitable browser or third party software to view and transact on this Site. We do not accept any responsibility for any loss of functionality that is dependent on the technology you use.

It is your responsibility to keep your account information confidential. We will not be liable for any direct, indirect or consequential loss or damage whatsoever resulting from the unauthorised use of your account.

As explained above, we do not sell the products advertised on this Site. We therefore expressly disclaim any warranties or representations in respect of attributes of the products advertised or sold on this Site by the Retailers, such as quality, safety, fitness for purpose or legality.

We also do not accept responsibility for any non-performance or breach of the sales contract entered into between Retailers and Users.

Indemnity

You agree to indemnify us, our group companies and our service providers (including our online gateway facility provider and carrier) against any claims, loss, liability or damage (including legal costs) we, our group companies or service providers may incur as a result of:

your use of this Site (including but not limited to transactions made, or attempted to be made, via this Site), regardless of whether you use this Site as a registered User or without registration;

content you post on this Site;

any breach of these Terms of Use & Sale, or our other terms and policies referred to in these Terms of Use & Sale; or from any claims from third parties.

Disputes

If a dispute arises between you and a Retailer in relation to the purchase of goods via this Site, you should attempt to resolve the issue direct with the Retailer in the first instance. If you are still unable to resolve the dispute to your satisfaction, please call or email our contact centre and we will try to assist if possible.

If a dispute arises between you and us in relation to the Terms of Use & Sale or your use of this Site, the following provisions shall apply.

These Terms of Use & Sale and all obligations howsoever arising out of it shall be governed and construed in accordance with the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates as applied in the Emirate of Dubai.

Both parties to these Terms of Use & Sale hereby submit to the exclusive jurisdiction of the Dubai Courts.

The parties expressly note and agree that we are currently a Dubai World subsidiary and as such Decree 57 of 2009 "Establishing a Tribunal to decide the Disputes Related to the Settlement of the Financial Position of Dubai World and its Subsidiaries" (Decree) applies.

By virtue of the Decree, the Dubai World Tribunal has jurisdiction to hear and decide any demand or claim submitted against Dubai World or its subsidiaries, including those arising out of these Terms of Use & Sale. For the avoidance of doubt the parties agree that, jurisdiction shall revert to the Dubai Courts if:

our ownership change with the result that we are no longer a Dubai World subsidiary as set out in the Decree; and/or the Decree be revoked extinguishing the Dubai World Tribunal's jurisdiction; and / or

the Decree be amended so as to limit the scope of the Dubai World Tribunal's jurisdiction so that the Dubai World Tribunal no longer has jurisdiction over (i) us or (ii) the nature of the disputes arising out of the Terms of Use & Sale.

No waiver

Any failure by us to enforce any terms set out in these Terms of Use & Sale or other policies with you is not a waiver of our rights to enforce those terms.

Severability

If any term of these Terms of Use & Sale with you is unenforceable or void, that term can be severed and the rest of the Terms of Use & Sale with you will continue to apply.