Fashion Harbour FZE

General Terms and Conditions of Sale

Fashion Harbour FZE maintains the fashionharbour.wpengine.com Website (“Site”). The following are the terms of use that govern use of the Site (“Terms of Use”). By using the Site you expressly agree to be bound by these Terms of Use and the fashionharbour.wpengine.com privacy policy and to follow these Terms of Use and all applicable laws and regulations governing use of the Site. Fashion Harbour FZE reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If you violate these Terms of Use, Fashion Harbour FZE may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

LIMITED LICENSE: You are granted a limited, non-exclusive, revocable and non-transferable license to utilise and access the Site pursuant to the requirements and restrictions of these Terms of Use. Fashion Harbour FZE may change, suspend, or discontinue any aspect of the Site at any time. Fashion Harbour FZE may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

SITE OPERATION: United Arab Emirates is our Country of Domicile. Fashion Harbour FZE controls this Site from the U.A.E. Fashion Harbour FZE makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E. export laws and regulations.

APPLICABLE LAW: The Laws of the United Arab Emirates shall govern the use of the Site and the Terms of Use, without regards to Conflict of Laws principles. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.

OFFICE OF FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES: Fashion Harbour FZE will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of OFAC targeted countries AND individuals, groups and entities such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific.

PURCHASE ORDERS:

1. Purchase orders can be accepted for delivery within the United Arab Emirates.

2. Each purchase from Fashion Harbour FZE and from any of its branches shall be deemed to incorporate these Terms and Conditions. These Terms & Conditions of Sale may change from time to time at the sole discretion of Fashion Harbour FZE.

3. The display of products in our brochures and on our website fashionharbour.wpengine.com constitutes solely an invitation to trade and does not constitute a formal offer. Goods are sold subject to availability. An offer to buy will be only made by the customer when dispatching a purchase order to Fashion Harbour FZE. An offer is only accepted by Fashion Harbour FZE subject to the availability of stock and Fashion Harbour FZE is contractually bound only when it dispatches a confirmation of order to the customer.

4. Fashion Harbour FZE reserves the right to alter the specification of the goods insofar as the performance of such goods is not materially altered.

PRICES AND PAYMENT:

1. All prices are in AED only unless specified differently. All prices are subject to change without notice. Payments must be made in AED unless agreed upon differently in writing.

2. Goods are delivered free of charge within the territory of the United Arab Emirates only. In order to qualify for free delivery within the U.A.E., a minimum shipment value may be defined by the company from time to time as it may deem fit. Fashion Harbour FZE bears no responsibility or liability for loss, damage, or delay, after handing over goods to a designated shipper, whether commissioned by the customer or by Fashion Harbour FZE on behalf of the customer.

3. Goods are sold on a cash on delivery, credit card (Visa™ and MasterCard™), bank transfer and PayPal™ basis only.

4. Ownership of any goods shall not pass to the customer until Fashion Harbour FZE has received cash or cleared funds for the full price. Until the property in the goods has passed to the customer, the customer shall act as bailee of the goods for Fashion Harbour FZE and, so far as reasonably practicable, shall store the goods so that they are readily identifiable as the property of Fashion Harbour FZE. Goods shall be handled carefully under observance of the instructions on the packaging. Goods shall particularly not be exposed to heat, direct sunshine, or humidity, and shall be stored in the position indicated on the packaging.

5. Fashion Harbour FZE reserves the right to refuse or to cancel an account and/or delivery at any time. In such circumstances, if the customer has paid for relevant goods, a refund or credit note shall be issued.

6. The cardholder must retain a copy of transaction records and Merchant policies and rules.

DELIVERY:

1. Fashion Harbour FZE undertakes all efforts to deliver goods within the U.A.E. for all orders received during working hours on the next working day from the date and time of confirmation, or the delivery time mentioned in the order confirmation as per section 1.3. above. All invoices and delivery notes must be signed by an adult over the age of 18 on delivery. If no one is at the address when the delivery is attempted, the goods may be retained by the driver or shipping agent. Fashion Harbour FZE will not be responsible for any consequent delay.

2. Orders are received and deliveries are dispatched only during working days. Fashion Harbour FZE’s operating days are Sunday to Saturday (08:00 – 22:00 Hours).

3. Each order or instalment of an order shall constitute a separate contract.

WARRANTIES AND LIABILITIES:

1. Fashion Harbour FZE’s Products have been manufactured under stringent quality control standards.

2. Fashion Harbour FZE branded products are sold with the warranty that they will be free of defects in material and/or workmanship at delivery, provided they are stored and used in the proper manner (As outlined above in 2.4).

3. Fashion Harbour FZE does not warrant any third party products sold by Fashion Harbour FZE. Third party products are any products that bear the brand of a third party (not a product manufactured by Fashion Harbour FZE). The customer is limited to the warranty of the manufacturer of the third party product.

4. Fashion Harbour FZE accepts no liability for defects in goods resulting from customer designs or requirements, wrong storage, wrong handling or arising from wear and tear, wilful damage, negligence or misuse.

5. Although we strive to update and correct our website, brochures and other sources of company information, they may contain inaccuracies or typographical errors. Additionally, information and product specifications– including information relating to price and availability may be changed or updated without notice. No guarantee is given that the information accessible via fashionharbour.wpengine.com or displayed in our information sources is accurate, complete or current. Nothing on fashionharbour.wpengine.com or in our other information sources shall be construed as a condition, warranty or representation.

6. Except as otherwise stated in these terms, Fashion Harbour FZE‘s entire liability in respect of a particular good that has passed into the ownership of a customer, the customer’s remedies shall be limited to, at Fashion Harbour FZE‘s option, and in accordance with its returns policy from time-to-time, a credit note against future purchase (store credit) in respect of the amount paid by the customer to Fashion Harbour FZE for such a good; or the replacement or repair of the good by Fashion Harbour FZE.

7. In case of any defects or damages the customer shall at their earliest convenience, however not later than seven (7) days after receiving the Product, inform Fashion Harbour FZE. Fashion Harbour FZE accepts no liability and or responsibility of any kind for any kind of defect in goods sold if (a) Fashion Harbour FZE has not been informed accordingly within 7 days of the event, and/or (b) the defective goods are not handed to Fashion Harbour FZE for inspection.

8. Fashion Harbour FZE shall have no liability to the customer for indirect or consequential loss. Fashion Harbour FZE’s liability under this clause shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the Products and save as provided in this clause Fashion Harbour FZE shall not be under any liability whether in contract tort or otherwise in respect of defects in Products delivered or for any injury damage or loss resulting from such defects or from any work done in connection therewith. Under no circumstance can any party claim an amount higher than the value of the products purchased from Fashion Harbour FZE that constitute the basis for the claim. The value of the products purchased is determined by the gross value shown on the invoice for the products that constitute the basis for the claim.

9. This warranty is exclusive, and in lieu of all other warranties, expressed or implied, including warranties of merchantability and fitness for a particular purpose.

GOVERNING LAW AND JURISDICTION:

1. All sales and purchases from Fashion Harbour FZE and the terms and provisions of any contract or arrangement in relation to such sales shall be governed by, and shall be construed in accordance with, the laws of the United Arab Emirates.

2. Cases with a value of dispute below AED 500,000.00 (Five Hundred Thousand United Arab Dirham) shall be subject to the exclusive jurisdiction of the DIFC (Dubai International Financial Centre) Courts’ Small Claims Tribunal. Cases with a value of dispute exceeding AED 500,000.00 (Five Hundred Thousand United Arab Dirham) or any other cases in which the DIFC Small Claims Tribunal refuses jurisdiction are subject to the exclusive jurisdiction of the Dubai Courts.

NO COMMERCIAL USE: This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Fashion Harbour FZE’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Fashion Harbour FZE will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

LINKS AND SEARCH RESULTS: The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. Fashion Harbour FZE has no control over these sites or the content within them. Fashion Harbour FZE does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Fashion Harbour FZE does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Fashion Harbour FZE for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at sabrina@fashion-harbour.com.

COPYRIGHT POLICY: Fashion Harbour FZE may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defence or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.

INTELLECTUAL PROPERTY: Although Fashion Harbour FZE is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through Fashion Harbour FZE’s system. The On-line Materials are Fashion Harbour FZE’s intellectual property, and are protected by U.S. and international intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent of Fashion Harbour FZE, except as expressly and specifically permitted under these Terms of Use.

The On-line Materials are and will remain the exclusive property of Fashion Harbour FZE. All rights, titles and interests in and to the On-line Materials will be and remain vested solely in Fashion Harbour FZE. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the On- line Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with Fashion Harbour FZE.

You acknowledge and agree that Fashion Harbour FZE will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At Fashion Harbour FZE’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to Fashion Harbour FZE or perfect these rights, titles or interests in Fashion Harbour FZE’s name.

DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES: Fashion Harbour FZE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. Fashion Harbour FZE ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. Fashion Harbour FZE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF Fashion Harbour FZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF Fashion Harbour FZE WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.

VIOLATION OF TERMS OF USE: You understand and agree that in Fashion Harbour FZE’s sole discretion, and without prior notice, Fashion Harbour FZE may terminate your access to the Site, or exercise any other remedy available and remove any unauthorised user information, if Fashion Harbour FZE believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of Fashion Harbour FZE, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to Fashion Harbour FZE for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. Fashion Harbour FZE may release user information about you if required by law or subpoena.

INDEMNITY: You agree to indemnify and hold Fashion Harbour FZE, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms of Use.

LICENCE GRANTED TO YOU: By providing materials to Fashion Harbour FZE, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted Fashion Harbour FZE an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. Fashion Harbour FZE may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against Fashion Harbour FZE for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to Fashion Harbour FZE. Any communication or materials you send to Fashion Harbour FZE will be treated as non- confidential and non-proprietary and may be disseminated or used by Fashion Harbour FZE for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

ADVERTISING: The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. Fashion Harbour FZE is not responsible for the acts or omissions of any advertiser or sponsor.

SEVERABILITY: If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.

(V2 – 12. November 2016)