TERMS & CONDITIONS

Welcome to www.fashmod.com. We strive to ensure our customers receive an effortless shopping experience and we hope that you enjoy all our website has to offer.

www.fashmod.com (the “Website”) is owned and operated by Sahpad Trading LLC trading as FASHMOD, for its own benefit and the benefit of its affiliates and subsidiaries (together “we” or “us”) in the United Arab Emirates. Sahpad Trading LLC is a limited liability company incorporated under the laws of the United Arab Emirates, with commercial license number CN-1045047 and its registered office at PO Box 50324, Dubai, United Arab Emirates.

United Arab Emirates is our country of domicile.

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 utilization 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, 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 must 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.

We will not trade with or provide any services to OFAC and sanctioned countries.

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, only Orders with delivery addresses within the UAE can currently be processed via the Website. 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.

Registration

In order to take advantage of the features and services of this Website, you must 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 through 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 you warrant that you meet the Eligibility criteria described above and that the information you provide is yours and is accurate in all respects. Customers using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website. Commercial entities are not eligible to register with us.

Privacy & Cookie Policy

Please refer to our Privacy & Cookie Policy for details on how we deal with your data.

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, 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.

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 actually 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.

Cardholder must retain a copy of transaction records and Merchant policies and rules.

Payment

We currently accept the following tender types for orders placed on our platform: VISA and MASTERCARD. Cash on delivery is permitted for orders of up to AED 5,000. We do not accept Cheques.

Only AED currency will be accepted for payment.

Once the payment is made, a confirmation notice will be sent to the client via email within 24 hours of receipt of payment.

Unless you have selected to pay by cash on delivery, payment will be taken at the time you place your order. By entering payment details onto our platform, 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 utilize the relevant tender type.

Prices

Prices on the Website are displayed in AED and are inclusive of 5% VAT. They exclude any services you may elect to pair the purchase with, delivery costs, taxes or duties to which the purchase may be subject. Any such additional costs will be displayed before your final check out.

Where you purchase using a payment card denominated in a different currency to AED, the payment will be subject to the currency exchange rate applied by your card issuer at the time your payment is completed.

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:
  1. 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 and duties (if applicable);
  2. where the price you paid is lower than the actual price of the item, honor the price in your Order; or
  3. 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.

Price Difference

If an item you purchase goes on sale within 3 days of your purchase, your item qualifies for the discounted price. Please note, the item must be in the same size and color that was purchased. The difference between the purchase price and the sale price will be provided through a coupon code with no exclusions or expiry. Sale items with further reductions do not qualify for Price Difference. To claim the discount, contact Customer Care.

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.

FASHMOD15 Offer

Get 15% off your first app order when you log in or create a FASHMOD account. Valid on full-price items. This offer cannot be used in conjunction with any other offer or promotion. Enter ‘FASHMOD15’ at checkout, one-use per person.

Delivery & Collection Options

Orders are currently only delivered within the United Arab Emirates except for some remote areas.

The delivery areas, timings and shipping fees are mentioned in the table below. However, we constantly strive to improve customer experience and may introduce additional delivery or collection methods across our shopping channels. Kindly check back frequently to see if more options have become available.

Deliveries take place between 9:00 AM and 8:00 PM and are carried out by a third-party courier service.

FREE DELIVERY for orders above AED 150.

Orders below AED 150, are subject to delivery charges. Refer to the below table.

* Delivery timelines are estimates, see further details below.
Please expect delays to your order delivery during the following times: promotional activity, sale season and public holidays. Timelines start from Order confirmation.

** We reserve the right to impose a re-delivery charge where your order is not accepted at the address supplied to us on the confirmed date of delivery.

General Delivery Conditions

Although we are strongly committed to delivering your orders within the timeframe mentioned above, kindly note that the delivery timelines are estimates only. The delivery timeline begins after order confirmation. If we have not delivered your order after 20 days, we will provide you with a full refund.

We are not responsible for delivery failures that are outside our reasonable control including your unavailability to receive the order. It is your duty to ensure appropriate access for deliveries.

Returns and Exchanges

General Conditions Applicable to Returns

Subject to meeting the conditions set out in this returns section, we offer a “no questions asked” return policy where you can return delivered items within 10 days of receiving your order.

In order to qualify for a refund, all items (including any promotional gift items accompanying the order) must be returned to us within 10 days of order receipt with the following conditions:

• Items must be unaltered, unused and in sellable condition (or the condition in which they were received from us or our agents).
• Items must be in their original packaging / box / dust-cover and product labels / tags / instructions still attached.
• The return must be accompanied by the original order confirmation.

Kindly note the below important information:

• You may create only one free return per order. If you create a return and few days later decide that you want to return some more items from the same order, you will not be able to.
• Underwear & Socks cannot be returned.
• The pick-up address for your returned items is the same as the original order delivery address.

Returns Process

Items can be returned by arranging collection from your delivery address in the UAE by following the steps below:

Step 1

Log in and visit “My Account”. Then click on “Orders & Returns”.

Step 2

Find the order you would like to return and click on “Return” located under “Actions”.

Step 3

Select the items which you wish to return, select the general reason for your return and click on “Submit Request”.
Note that you are only allowed to create one return request per order.

Step 4

We will contact you to arrange pick-up within 3 working days. Your return status can be tracked on the “Orders & Returns” page.

Once your return request has been raised, you will receive an email confirmation. We will dispatch the courier to pick-up the items from the same original order delivery address. At pick-up, place the items in their original packaging and FASHMOD box. Your request will be processed within 10 working days.

Refund Process

Refunds will only be processed after completing the “Returns Process” and the item/s returned have been approved. After approval, we will issue a refund of the full-face value of undamaged items duly returned (excluding, where applicable, the shipping fees).

Your refund will be processed via the following methods:

• For online payments, refunds will be done through the original mode of payment. Credit/Debit card payments will be refunded to the Credit/Debit card used to purchase your order. Refunds will be processed within 10-45 days, depending on the issuing bank.
• For Cash-on-Delivery payments, refunds will be in the form of “Store Credit”. You may check the balance by visiting the “My Account” page and clicking on “Store Credit & Coupons”.

Item Return Policies

Damaged Goods and Incorrectly-Fulfilled Orders

If you receive an item that is damaged or not the product you ordered, please arrange for return of the item to us using the Returns Process above. The item must be returned in the same condition you received it in within 10 days of receipt to qualify for a full refund. Where applicable, the refund will include the original order delivery charges, cash-handling fees, taxes and any duties.

Non-Returnable Items

Underwear & Socks cannot be returned.

Packaging

Please take care to preserve the condition of any product packaging as, for example, damaged shoe boxes 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.

Exchanges

Underwear & Socks cannot be exchanged.

We are not currently able to offer Exchanges. Instead, all items should follow the returns process, and a new order placed for the replacement items.

We pride ourselves on the highest quality product at FASHMOD. So, if your product is damaged or has a fault, we want to know about it. Please contact our customer care team.

We reserve the right to monitor returns and to refuse orders from customers with excessive return levels. However, nothing in this Returns section is intended to affect any consumer rights that you may have under UAE law.

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.

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).

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.

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 in 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.

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 or text on this Website. We have made every effort to ensure that the information on the Website 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.

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 in any form or media. 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. 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 libelous, 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.

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.

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 colors and resolution may vary depending on your monitor’s display. All measurements and weights are approximate.

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.

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.

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.

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.

No Agency

Nothing contained in these Website Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.

Assignment

We may assign our rights under this Agreement to any entity under the ultimate beneficial control of the Sahpad family.

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.

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.

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 here under are subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.