bossini – Bossini

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1- BOSSINI UAE WEBSITE TERMS AND CONDITIONS Welcome to www.bossini.ae. We have worked hard to bring the best shopping experience to you, and we hope that you will enjoy all that this website has to offer. www.bossini.ae (the “Website”) is owned and operated by White Pearl Fashion LLC and/or its affiliates and subsidiaries (together “we”, “us” or “White Pearl”) as the franchisee of Bossini in the United Arab Emirates, the GCC and MENA Region. White Pearl Fashion LLC is a limited liability company incorporated under the laws of the United Arab Emirates, with Commercial License Number 241581 and its registered office at Malak MRG Limited - Bur Dubai - Al Jaddaf P8 Shop No. Dubai, United Arab Emirates. 2- WEBSITE TERMS Please read these Terms and any other terms of use posted on the Website as together they form our Website Terms governing your utilisation of our Website and Website services (including the Website Call Centre and Mobile application). We may change these Website Terms from time to time without notice to you by posting the updated Website Terms on the Website, so please be sure to check regularly for updates. When you place an Order through our Website or the Website Call Centre, you are deemed to have consented to the latest version of the Website Terms then posted on our Website. If a change in law means that we have to change our Website Terms after you have placed an Order but before it has been fulfilled, we are obliged to apply that change to your Order. In all other cases, the version posted at the time your Order was placed will apply. If you do not agree to be bound by the Website Terms, you should not use the Website. 3- ELIGIBILITY We aim to make the Website and its associated services available to as many of you as possible. However, we do require that you are at least 18 years of age, able to lawfully: (i) make payment through one of our accepted tender types; (ii) agree to these Terms; and (ii) enter into binding Orders with us. In addition, we can currently only deliver Orders processed through this Website to the United Arab Emirates. Please refer to the Delivery section below. The Website is for your personal or gift use only and commercial usage is not permitted. We reserve the right to decline Orders where we suspect commercial usage. 4- REGISTRATION In order to take advantage of the features and services of this Website, you can either utilize the Website (or the Website Call Centre) on a “guest check-out” basis or create an Account and register your details with us. It is your ongoing responsibility to make sure that any personal and payment details you provide to us are valid, accurate and complete. You can update your details by contacting us at www.bossini.ae/contact , our Website Call Centre on +9714 5693203 or updating them in your website profile. Please keep your account details and password confidential and secure. Our customer service agents will never ask you for your password. We are committed to complying with our Privacy Policy but are not responsible for any loss suffered through misuse of those details. Please notify us as soon as possible if you believe your account has been compromised. By registering or placing an Order on the Website or through the Website Call Centre you warrant that you meet the eligibility criteria described above and that the information you provide is yours and is accurate in all respects. Commercial entities are not eligible to register with us. 5- PRIVACY & COOKIE POLICY Please refer to our Privacy and Cookie Policy for details on how we deal with your data. 6- ORDERS When you place an Order with us, then subject to your rights to cancel or return the items, you commit to buy the items described in that Order, at the price indicated including any delivery fees, cash handling fees, taxes and duties where applicable. Orders are subject to our acceptance, which we may withhold in our sole discretion including for reasons such as ineligibility, inability to confirm payment authorization, suspected fraud, shipping restrictions and stock availability. Items in your Website basket are not reserved until your Order is paid for. Where you first elect to pay for your Order via cash on delivery, we will send you a one-off SMS asking you to validate your election and confirm your account information prior to dispatch. Please click on the link contained in the SMS to complete this verification step. If you do not complete this step within 3 calendar days of the day on which we sent you the SMS, we will cancel your Order. The Website (or our Website Call Centre) may contain or provide information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be available immediately upon Order placement. Unfortunately, we cannot guarantee that an item stated to be available will be available right away, as inventory can change significantly throughout the day. In rare cases, a product may be available when you place an Order but sold out by the time we process the Order. Should this happen, we will notify you. Receipt of your Order will be acknowledged by email. However, the Order is only confirmed when you receive a notification from us confirming dispatch of the relevant item(s). No party other than us has the authority to confirm acceptance of the Order. The Order once confirmed is deemed concluded in Dubai, United Arab Emirates. 7- PAYMENT We currently accept the following tender types for Orders placed on our Website or through our Website Call Centre: VISA, MASTERCARD and online credit. Cash on delivery is permitted for Orders of up to AED 10,000. Unless you have elected to pay by cash on delivery, payment will be taken at the time you place your Order. An additional shipping fee of AED 19 is payable for cash payments on orders below AED 300. This will be payable on delivery of your Order and will be added to your Order total. By entering payment details onto our Website, you warrant that you are duly authorized to pay using those details. We reserve the right to decline orders without liability to you where we believe payments are not authorized, the payment method is not valid or where we do not think you are authorized to use to utilize the relevant tender type. Bossini store vouchers are currently not an accepted tender type for Orders placed through this Website. Where you purchase using a payment method/partner in a different currency to AED, the payment will be subject to the currency exchange rate and/or payment fees applied by your card issuer at the time your payment is completed. 8- PRICES Prices on the Website are displayed in AED, and exclude any services you may elect to pair the purchase with such as delivery costs, cash handling fees, taxes or duties to which the purchase may be subject. Any such additional costs will be displayed before your final check out. The destination you ask us to deliver to, the items & services you select and the method of delivery you choose will dictate what delivery charges, taxes and duties apply (if any). Please refer to our Delivery section for further details on delivery options. Although we make every effort to ensure prices displayed on our Website and in our communications are correct, errors may occur. If an error occurs and your Order: has already been processed, then we may at our discretion: cancel the Order (or part thereof), arrange for collection of the mis-priced item(s) from your original Order delivery address in the UAE and issue you a full refund including original Order delivery fees, taxes, cash handling fees and duties (if applicable). where the price you paid is lower than the actual price of the item, honour the price in your Order; or where the price you paid is higher than the actual price of the item, refund you the difference. has not yet been processed, then we will notify you as soon as possible and only process the Order (or part thereof) once you have confirmed you are happy to buy at the correct price or otherwise cancel the Order (or part thereof) and refund your payment in full. 9- PROMOTIONAL CODES AND DISCOUNT SCHEMES Promotional codes are valid only in accordance with their terms, until the date stated, can be used only once, are not redeemable for cash and cannot be used in conjunction with any other offer, sale or promotion. They are personal to you and cannot be transferred to third parties 10-PROMOTIONAL OFFERS From time to time, we may make available promotional offers on the Website and in such cases specific terms and conditions will apply. Such offers may be time-limited, and orders may not qualify if they have not been fully processed by you within the stated time period. Offers may not be combined with other promotions, offers and voucher codes unless otherwise specifically stated. We reserve the right to amend or terminate a promotion at any time without notice. 11-DELIVERY & COLLECTION OPTIONS We currently only deliver Orders placed via the Website/Website Call Centre to addresses within the United Arab Emirates. A variety of Order delivery/collection methods are available as set out below. However we constantly strive to improve customer experience and may introduce additional delivery or collection methods across our shopping channels. Please check back frequently to see if more options have become available. Delivery The following options are available for delivery to your requested address in the United Arab Emirates: General Conditions on Delivery: Although we are strongly committed to delivering in the timelines estimated in our Order confirmation or displayed on our Website or above, delivery timelines are estimates only. Time shall not be considered of the essence. Timelines start from Order confirmation. However, if we have not delivered your Order within 30 days of Order confirmation, we will provide you with a full refund. We are not responsible for failures to deliver for reasons outside our reasonable control, including where you are not available to take delivery of your Order or request postponement. Orders are delivered daily excluding UAE public holidays. It is your duty to ensure appropriate access for deliveries, including in particular but without limitation on Fridays. 12-RETURNS PROCESS Items can be returned using one of the following methods: contacting us by calling +97145693203 to arrange collection of the item from your delivery address in the UAE. A collection fee equivalent to the original delivery charge will apply unless the returned item was defective or incorrectly fulfilled; or shipping the item to the following address: Office #8 Podium Floor Dilan Tower, Al Jaddaf, Dubai, United Arab Emirates. Shipping will be at your own expense unless the cost is pre-authorised by us due to the returned item being defective or incorrectly fulfilled. Please contact us on +97145693203 for pre-authorisation. Please note that any shipping costs to return items located outside the UAE will not be covered 13-GENERAL CONDITIONS APPLICABLE TO ALL RETURNS AND EXCHANGES In order to qualify for a refund or exchange, all items (including promotional gift items accompanying the Order) must be returned to us within 30 days of Order receipt: unaltered, unused and in full saleable condition (or the condition in which they were received from us or our agents). Items must not have any dirt or other damage; in their original packaging/box/dustcover and with all brand and product labels/tags/instructions still attached. Authenticity cards, where provided, should also be returned. Swimwear and underwear must have the original hygiene liner attached; and in their original packaging/box/dustcover and with all brand and product labels/tags/instructions still attached. Authenticity cards, where provided, should also be returned. Swimwear and underwear must have the original hygiene liner attached; and Please take care to preserve the condition of any product packaging as, for example, damaged boxes or unpacked packaged underwear may prevent re-sale and may mean that we cannot give you a full refund. Our agents may ask to inspect returned items at the point of collection but that initial inspection does not constitute a guarantee of your eligibility for a full refund. Gift items can only be exchanged by the recipient or returned with a refund given to the purchaser of the gift. The above is without prejudice to any rights you may have to return defective products. Please note that for systems reasons, in order to receive an online credit, guest check out customers will need to create a Website Account and register their details with us. We reserve the right to monitor returns and to refuse Orders from customers with excessive returns levels. However, nothing in this Returns section is intended to affect any consumer rights that you may have under UAE law. 14- EXCHANGES All other items should follow the returns process, and a new Order placed for the replacement items. Exchanged sale items which have been further reduced in price since the date of purchase may, at our discretion, only be exchanged for the reduced sale value. 15- CANCELLATION You may contact us at any time prior to your Order being marked as “Processed” on our online Order tracking system to cancel or change it. If you do so, we will at your request either: (i) cancel it free of charge and issue you with a full refund or (ii) do our best to change it, subject to stock availability and any applicable price adjustment. If the Order has been processed, please await delivery and use the Returns process. We may cancel an Order where you elect to pay through cash on delivery, but you do not complete the SMS verification step on the basis described in the Orders section above. 16- PRODUCT LIABILITY By placing an Order through our Website, you acknowledge and agree that full liability for the products rests with the manufacturer and that we carry no product liability for those items save as described in the Returns section in relation to returning the products and refunding the price paid (where applicable). 17- TITLE TO GOODS Title to the items in your Order will pass to you on the later of the day on which: (i) you pay us in full for those items; or (ii) the day you receive the items. Risk in the items in your Order passes to you on delivery to the address detailed in the Order. 18- INTELLECTUAL PROPERTY RIGHTS Your use of the Website and its contents does not grant you any copyright, design, trademark or other intellectual property rights relating to the Content (as described in the Content section below), including our software, HTML or other code contained on the Website. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Website is typically protected by national and international intellectual property laws and treaties. You are permitted to use the Content only as expressly authorized by us or the licensor of such Content. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, linking, commercially exploiting, copying and use of the above listed materials on any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. 19- CONTENT In addition to the Intellectual Property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, layout or text on this Website. We have made every effort to ensure that the information on the Website is accurate and complete but we cannot promise that Content is error-free. We also do not promise that the functional aspects of the Website or Content will be error free or that this Website or the servers that make them available are free of viruses or other harmful components. We always recommend that you have up to date virus checking software installed. 20- USER GENERATED CONTENT By providing a review you agree to be solely responsible for the content of all information you contribute. You also grant us a right to use any content you provide for our own purposes including republication, translation, editing, copying, and distributing the information in any form or media. We shall be under no obligation (i) to maintain any information in confidence; (ii) to pay compensation for any information; or (iii) to respond to any comments or information. Comments may be moderated and may not be displayed immediately but we do not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts, please contact us. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. We reserve the right in our sole discretion not to publish or to remove any comment including those that we believe may be unlawful, defamatory, racist or libellous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This Website is available to the public and therefore information you consider confidential should not be posted to this Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by your or any third party. 21- THIRD PARTY SITES Our Website may include hyperlinks to other websites or resources operated by third parties. We are not responsible for the content or accuracy of any pages that are not on our Website or their availability. We do not endorse and are not liable, directly or indirectly, for the privacy policies of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. 22- DESCRIPTIONS At the time of publication on our Website, all product descriptions are believed to be accurate. We also strive to represent the products on our Website as accurately as possible, however colours and resolution may vary depending on your monitor’s display. All measurements and weights are approximate. 23- NO WARRANTY Except as otherwise provided in these Website Terms or required by applicable law, we make no representation, covenant or warranty and offer no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of Website membership, any Content, or any products purchased through the Website. Your use of the Website is at your sole risk and it is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the Website at any time. Save as required by law, we make no warranties that access to the Website will be uninterrupted or error-free; that the Website will be secure; that the Website or the server that makes the site available will be virus-free; or that information on the site will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. If you download any content from the Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer or loss of data that results from the download of any such content. No advice or information obtained by you from the Website shall create any warranty of any kind. 24- LIABILITY Save for death or personal injury arising out of our negligence or as required by law, under no circumstances shall we, our affiliates, employees, directors, officers, agents or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Website, including, without limitation, damages for loss of profits, loss of goodwill or loss of data. Without prejudice to the foregoing, in no event will we be liable for any amounts in excess of the amount paid by you for the product(s) in respect of which the claim arose. Nothing in this Agreement is intended to impact any rights you or we may have under applicable law. We are committed to respecting individual rights including but not limited to moral, cultural and religious rights as enshrined in applicable law. 25- INDEMNITY You agree to defend, indemnify and hold us, our directors, agents, affiliates, licensors and suppliers harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of the Website Terms, including the use by third parties accessing the Website using your account caused by your action or inaction. 26- ENTIRE AGREEMENT You acknowledge and agree that these Website Terms constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any items through the Website, and supersede and govern all prior proposals, agreements, or other communications. 27- NO AGENCY Nothing contained in these Website Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. 28- ASSIGMENT We may assign our rights under this Agreement to any entity under the ultimate beneficial control of the White Pearl Fashion LLC. 29- NO WAIVER Any failure to exercise or any delay by either party in exercising its rights or remedies under these Website Terms shall not be construed as a waiver thereof. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. 30- ILLEGALITY If any provision of these Website Terms is held to be illegal or unenforceable, the remaining Website Terms (or parts thereof) will not be affected and will remain in full force and effect. 31-LANGUAGE These Website Terms are published in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will apply 32- DISPUTES AND GOVERNING LAW These Website Terms are governed by the federal laws of the United Arab Emirates and the laws of the Emirate of Dubai and all disputes arising hereunder are subject to the exclusive jurisdiction of the Dubai Courts.