These Terms set out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- description of the Services which we offer through our Site.
- Please take the time to read and understand the Terms before you make use of our Services and Site. If you do not want to be legally bound by the Terms in their entirety you must not accept these Terms, in which case you cannot use our Site or our Services.
If you don’t understand any of these Terms and want to talk to us about it, please contact us by:
Who are we?
Shatha Essa is a trading name of Shatha Essa (Proprietary) Limited, registered in UAE (720535). Shatha Essa’s registered address is Office Number 4, Jumeirah Centre, Jumeirah Beach Road, Dubai, United Arab Emirates. Shatha Essa’s trade license number is 720535 under trade name Shatha Essa Fashion L.L.C
We are a luxury brand boutique store with 7 years of experience, our site enables customers to buy, alter, and/or customize products according to their needs and sizes.
Our products and services(“Services”) shall mean all items presently being offered for sale online by us including, but not limited to, clothing, headwear, footwear, accessories and handbags.
All terms and conditions of sale shall be interpreted subject to UAE’s Consumer Protection Act (“CPA”) and the Credit Act
Accessing our Site and our Services
- If you buy any Services on our Site, you agree to be legally bound by these Terms.
- These Terms are only available in English. No other languages will apply to these Terms.
- When buying any products and/or Services you also agree to be legally bound by:
All the above documents form part of these Terms as though set out in full here.
- our Site terms of service and any documents referred to in them;
- Save as set out in these Terms, your use of our Site and the content and Services which may be accessed through our Site is at your own risk.
- We do not accept liability for any errors or omissions or for the content becoming out of date.
- We may update our Site and associated Services from time to time and may change the content and pricing at any time. Please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it. Please check this page from time to time to take notice of any changes we have made, as they are binding on you.
- None of the content on this Site may be copied, modified, displayed, reproduced, published, transmitted or licensed, or used to create derivative works and none of the contents of the Site may be used for the purposes of advertising and/or generating revenue of any kind without written permission from us.
Acceptable use policy
- You must be at least 18 years of age to use our Site and any Services provided through it. You warrant to us (i.e., promise in a way that you can be held legally bound by that promise) that you have the required legal and contractual capacity to enter into and be bound by contractual terms.
- You agree to having a valid email address that you monitor regularly and being able to provide any information requested by us in order to complete a function on the Site.
- You may access and use our Site and our Services only for your personal use on your own behalf and not on behalf of anyone else. You must not engage another person, company, partnership, or other entity to access our Site or our Services on your behalf
- IF YOU CHOOSE TO ACCESS OUR SITE FROM A LOCATION OUTSIDE THE UNITED ARAB EMIRATES (UAE), YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS RELATING TO SUCH ACCESS, INCLUDING VIEWING OR USING THE CONTENT OF OUR SITE, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.
- We do not guarantee that our Site, or any content on it or provided as part of our Services, will always be available, uninterrupted or error free. Access to our Site and our Services is permitted on a temporary basis. We reserve the right to suspend, withdraw or restrict access to our Site or our Services, or any part of it or them, at any time for any purpose we deem reasonable, without notice. This includes where we believe that you have materially breached these Terms, or if we consider there is or is likely to be a breach of security.
- Whilst we try to keep any disruption to our Site and Services to a minimum, our Site and Services may become unavailable from time to time in order for us to carry out planned and unplanned maintenance and security updates. In the case of planned maintenance, we will use our reasonable best efforts, where possible, to provide you with some notice of our intention to suspend the Site or the Services before we do so.
- We will not be obliged to restore any of your data which may be deleted in the course of suspending, withdrawing, or restricting your access to our Site or our Services. You understand and acknowledge that it is your responsibility to print out and/or save any materials or data which you may require in the future.
- You are responsible for making all arrangements necessary for you to have access to our Site including providing and maintaining any equipment used to access our Site. You are solely responsible for any telecommunications costs that you incur whilst using our Site
- Your right to access our Site and our Services is personal to you. You must not allow any other person to have access to your account or our Services using your username or password.
- You are responsible for all use of our Site and our Services when access is obtained through the use of your username and password, whether or not authorized. For your security, we recommend that you close all open browsers relating to our Site on completion of your visit. Should you have any reason to believe that any of your personal or account information has been compromised or exposed to any other person, either by your own actions or the actions of others, you must immediately notify us and reset your password.
- By placing or requesting to place an order, you authorize us to undertake any background or credit check required before authorizing a payment and delivery. This includes obtaining information from third parties in order to confirm a customer’s identity, payment information provided, any given details and credit history.
- You also agree that we may use personal Information provided to conduct anti-fraud checks. personal information provided may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information
- You may only use our Site and our Services for lawful purposes.
- By your use of our Site, you agree that you will not misuse the site and that you will not: (a) commit or encourage a criminal offense; (b) transmit or distribute a virus, trojan, worm, logic bomb or any other material that is malicious, technologically harmful, in breach of an obligation of confidence or that is in any way offensive or obscene; (c) hack into any aspect of the Service; (d) corrupt data; (e) cause annoyance to other users; (f) infringe upon the rights of any other person’s proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or (h) attempt to affect the performance or functionality of any computer facilities of or accessed through this Site. Any breach of this provision may constitute a criminal offense and we may report any such breach to the relevant law enforcement authorities and disclose your identity to them.
Your privacy and personal information
Ordering Services from us
- All purchasers must possess a valid credit or debit card issued by a bank acceptable to us.
- Placement of an order indicates that you represent and warrant (1) that all of the information that you provide to us are true and accurate; (2) that you are an authorized user of the credit or debit card used to place your order; and (3) that there are sufficient funds to cover the cost of the goods ordered.
- All orders placed on the site are subject to: (1) product availability; and (b) Our confirmation of the order quantity and price.
- We retain the right to refuse any orders.
- The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
- Product shipment may vary according to availability and is subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
- Once you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this is not an acceptance of your order. No contract is formed until we transmit an e-mail confirmation that the goods that you ordered have been shipped to you. Only those goods listed in the confirmation e-mail sent at the time of shipment will be included in the contract formed
- Product prices are set using currency exchange rates at the time of price creation. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted. The final amount billed to the customer will be in accordance with the applicable exchange rate on the day the customer’s card issuer processes the transaction, working on the customer’s currency of payment against the rate of exchange to the UAE DIRHAMS at the time the payment transaction is formally completed
- Errors in product details, descriptions and prices may occur despite our efforts to ensure accuracy. If we discover an error in the pricing, description or imagery of products, as well as delivery costings and lead times. We will inform you of an error directly via email, and we shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. In this instance, you have the right to cancel your purchase, and will be refunded the full amount paid. In the event that products are recalled in transit, we will process the refund on safe return of products
- If you have a query or dispute in respect of the Services, please contact us directly using the contact details provided in these Terms.
Right to cancel
- We reserve the right to reasonably decline any order and/or to suspend delivery and/or to decline to supply ordered products subject to the reimbursement of any purchase price already advanced by you in the event of non-delivery.
- We reserve the right to monitor repeated cancellations from one customer and to refuse to offer service to a customer who cancels orders repeatedly, at our discretion.
- Refunds on legitimately cancelled orders will be made at our earliest convenience, and never before any dispatched product has been returned in good order. product returned as a result of cancellation are subject to the same terms of being returned in perfect condition as per all returns laid out in these Terms.
- We accept PAYPAL Visa, MasterCard and Maestro cards, and any other methods which may be clearly advertised on the Site, including certified SHATHA ESSA Gift Cards. Cheques and MONEY TRANSFERs are accepted
- You confirm that the credit/debit card or any other form of payment being used is yours or that they have been specifically authorized by the owner to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
- If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
- We take reasonable care to make our Site secure. All payment transactions on this site are processed using PayPal, a secure online payment gateway that encrypts customers’ card details in a secure host environment.
- If a customer is a registered user to our site, we will securely store their credit/debit card details on our systems. These details will be fully encrypted and only be used to process transactions you have initiated
Gift Cards & Promotional Codes
- Gift Cards are valid for 12 months from date of purchase unless otherwise specified on the Gift Card.
- Gift Cards can be redeemed against all products on this Site and at our flagship boutique in person.
- Gift Cards are non-transferable and may not be returned or redeemed for cash.
- If your order total is less than the value of the Gift Card, the unused balance will remain on your Gift Card account and can be redeemed against subsequent orders. You will not receive change in the form of cash or any other kind of payment.
- If your order exceeds the value of the Gift Card, all remaining balances exceeding the value of your Gift Card must be paid by credit or debit card, or by cash for purchases are made at the SHATHA ESSA flagship boutique.
- Only one Gift Card may be used per purchase on this Site.
- If you return products purchased using a Gift Card, you will receive refund credit via a Gift Card only
- Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.
- We are not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
- We are not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
- We reserve the right to cancel a Gift Card if we deem such action necessary.
- Promotional codes cannot be applied to the purchase of Gift Cards.
- Sales tax and shipping is applicable on any products purchased with a SHATHA ESSA Gift Card.
- Promotional codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
- The price of the Services:
- are in United Arab Emirates Dirham (AED);
- includes/excludes Sales Tax at the applicable rate;
- does not include the cost of delivery.
- Ordering your beautiful SHATHA ESSA purchase online is easy, and we’ll deliver to you! Our aim is to ensure that orders are delivered within 7-14 working days, depending on your location and product availability.
- If an item you’ve bought is out of stock, you may encounter a longer wait for delivery; restocking can take up to eight weeks prior to delivery. Please be patient – manufacturing luxury goods to the highest of quality takes time and care.
- We ship online purchases nationally and internationally. Please note, delivery does not include customs charges. If a customer orders from outside UAE, they may incur customs charges on delivery of their purchase, since all our international (non-UAE) deliveries are DDUs (Delivery Duty Unpaid), which means that product prices displayed are exclusive of all taxes and duties. As the recipient, the customers accept liability for all import duties, customs and local sales taxes levied by the country the customer has requested to ship to. Payment of these amounts by the customer will be necessary to release the purchase from customs on arrival.
- Although we offer a customs calculator to estimate these costs for the customer on its Site, this calculation represents a rough estimate only and we are unable to confirm these costs on order. By confirming an order, you consent to the responsibility of paying any additional costs to release their delivery on arrival.
- You also consent to the term that we will not offer a refund, nor a replacement product should you fail to pay any taxes or duties, and that the loss of any product as a result will be the customer’s responsibility. We are not responsible for customs charges and additional taxes and will not refund orders if you are unable to cover these charges. customs charges differ from country to country; the customer is advised to check their country’s charges before ordering.
- Although we shall endeavor to deliver all products in accordance with a customer’s specified delivery requirements, we shall not be bound to such delivery requirements.
- We shall not be liable in any manner whatsoever for failure of or delay in delivery of any Products, save for the reimbursement of any purchase price already advanced by the customer in the event of non-delivery.
- We shall, at our sole discretion, be entitled to invoice customers for part deliveries of any products ordered and partially delivered.
- We shall not be liable for failure to deliver products should the failure be the result of strike action involving either our staff or any suppliers/companies involved in the delivery of any Products, acts of God, freak weather, power failures.
- When effecting delivery to the customer, the customer shall be responsible for receiving, unloading, and checking the products in the presence of our representative making delivery. Should the customer nominate that the delivery be taken by a third party, this responsibility falls onto the third party, for which we take no responsibility or liability.
- Delivery of the products at the shipping or delivery address nominated by the customer shall constitute good delivery.
- If, on the instructions of the customer, the products are delivered to a carrier for delivery to the customer, delivery to the customer shall be deemed to have been duly affected on delivery to the carrier who shall at all times be and remain the customer’s agent for purposes of these terms and conditions.
- In the event of short delivery, the customer shall forthwith upon delivery endorse our copy of the delivery note specifying details of the short delivery and thereafter within three (3) days of such delivery the customer shall lodge a claim with us in respect of such short delivery.
- in the event that the products are delivered in a damaged or defective state, the customer shall forthwith upon delivery endorse our copy of the delivery note detailing the damage or defects to the products and the customer shall within three (3) days of such delivery notify us of such damage or defects in the products delivered, following which the Returns Policy shall be followed.
- On compliance by the customer with the above terms and provided we agree with the information supplied by the customer, we will or may apply for a credit, subject to the provisions of the Returns Policy.
- Subject to the CPA, and notwithstanding the provisions of this policy, we shall not be liable to the customer for any loss or damage occasioned by reason of the circumstances set out above.
- Should the customer alter delivery details after placing their order, we reserve the right to alter delivery costs accordingly.
- Although reasonable care shall be taken, we accept no responsibility whatsoever for incorrect delivery details or, if an unauthorized person, at the delivery address, accepts delivery of the order and Products.
Ownership And Risk
- We hereby reserve our right to ownership of all Products ordered, whether delivered or not, until the services have been fully paid for by the customer
- Upon delivery of the products to the customer, the risk in and to the products shall pass to the customer, notwithstanding that ownership in the products may remain vested in us.
We agree to the exchange or refund of products purchased and received by the customer, provided that the following provisions apply:
- All returns of products to any physical retail outlet will be accepted free of charge, provided that the relevant retail outlet continues to stock the products being returned.
- In instances where products are being returned via courier, the customer shall be responsible for payment of any fees levied for the relevant service.
- under no circumstances shall the customer be entitled to reimbursement of any costs incurred for initial delivery of the products being returned
- any refund or issuing of credit to the customer will only take place once we have received and processed the return of the products.
- we shall exercise our own discretion as to the means used to refund all customers including, but not limited to, cash, gift cards (electronic or otherwise) or by crediting the relevant customer’s account or applicable credit or debit card.
- we shall not be liable for any delivery costs incurred by customers returning any products. cost of returns will for the customer’s account.
- Returns or exchanges are not offered under any circumstance on marked down or sale items, or on personalized items.
- Exchanges on items that are sized (garments that are not One Size Fits All) may be exchanged should they not fit the customer, however the cost of delivery to return the original purchase will be for the customer’s account, and delivery costs incurred to deliver a new product in a new size will be charged to the customer as per a new or separate order. Exchanges must be conducted via email to firstname.lastname@example.org . Customers must liaise via email regarding their exchange or return before returning their product in order to confirm that their exchange or return will be accepted. it is the customer’s responsibility to this in advance in order to avoid unnecessary costs, rejected exchanges or returns and disappointment.
- If you are based in Dubai, according to the email@example.com CPA, you have the right to cancel your order within five business days after placing it, known as the ‘Cooling Off’ Period without providing a reason or incurring loss. This ‘Cooling Off’ Period begins from the first business day after which you receive via email confirmation of your order. To exercise your right to cancel, you must inform us in writing by email to firstname.lastname@example.org, clearly stating your order information. The email must be sent within the ‘Cooling Off’ Period to be valid.
- Items should be returned unused and with all SHATHA ESSA tags still attached. Returns that are damaged or soiled will not be accepted and will be sent back to the customer at the customer’s cost and/or a refund refused. where provided, belts and any designer packaging such as authenticity cards, dust bags, and leather tags should be included with the customer’s return.
- We reserve the right to monitor repeated returns from the same customers and to refuse to service customers with a repeat-return history
- We make no representations whatsoever and gives no guarantees against latent or patent defects in respect of the products and all conditions and warranties whatsoever, whether implied or otherwise, are hereby expressly excluded.
- All Products supplied by us shall be suitable only for the purpose designed and intended and the customer warrants that he/she shall ensure the Products are handled, stored, installed, used, worn, or otherwise dealt with in a proper manner and where applicable, in a manner consistent with the instructions given by us.
- No claim shall lie against us arising out of or in connection with any defects in, or unsuitability of the products.
- Customers are expected to read and be familiar with any Care Guides provided for on the Site, as well as communicated via any form of correspondence, including but not limited to email, receipts, swing tags and labels on products or packaged with products, and to abide by these. we will not be liable for or required to refund or replace any damage or loss of products due to failure of the customer to adhere to these Care Guides.
- Where a customer involves a third party to clean, repair or make any other kind of adjustment or alteration to a product, not approved in writing prior by us, we will not be liable for the outcome nor for any damage to or loss of product. Third party involvement such as this releases us from any kind of warranty or liability attached to the product, regardless of how long the customer has been in possession of the product since initial purchase
- Without derogating from the generality of any of the provisions hereof, we shall not at any time be liable for any claims of whatsoever nature and howsoever arising for direct or consequential loss or damage which may be sustained by the customer or any other person in connection with the use of the products and the customer hereby indemnifies us against all such claims.
Prohibition Of Set Off
the customer waives any right of set off they might have against us in respect of any amount which may now or in the future be or become owing by us to the customer.
- the customer agrees and acknowledges that it shall not be entitled to advance the defence of set off or mutual extension of debts or counter claim in any proceedings which we may bring against the customer for the enforcement of its rights, whether in respect of credit facilities extended by us to the customer or otherwise
- No agreement, whether to supplement, vary, add to, or cancel these terms and conditions shall be of any force or effect unless reduced to writing and signed by or on behalf of both parties subject to these terms and conditions. These standard terms and conditions of sale shall supersede any conflicting clauses or conditions whether verbal or otherwise contained in any customer documents.
End of the contract
- If these Terms are ended it will not affect our right to receive any money which you owe to us under these Terms.
Limit on our responsibility to you
- We are not legally responsible for any:
- losses that:
- were not foreseeable to you and us when the contract was formed;
- were not caused by any breach on our part;
- business losses;
- losses to non-consumers;
- loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- (a) use or inability to use or unavailability of our Site (or any part of it), websites linked to it, or our Services;
- (b) any products, data, information or Services purchased or obtained, or messages received, or transactions entered into, through or from the Services obtained or accessed through our Site including use of or reliance on any content displayed on or made available through our Site;
- (c) unauthorized access to or alteration of your transmissions or data; or
- (d) any inaccuracy or incompleteness of any information received by you or by us through our Site or as part of our Services.
- Although we take all reasonable steps to protect our systems using virus checking software, please note that any content downloaded from our Site is at your own risk. We do not accept liability for any loss or damage that you suffer as a result of any distributed denial-of-service attacks, computer viruses, Trojan horses, worms, software bombs or other damaging items resulting from your use of our Site. You are responsible for protecting your computer systems from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures necessary.
Third party rights
- No one other than a party to these Terms has any right to enforce any term of these Terms.
- You agree to indemnify, defend, and hold harmless the Company its shareholders, directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Site or your breach of the Terms.