TERMS AND CONDITIONS
These terms and conditions set out the legal terms that apply to your use of our Site ATTUALE.COM. Any of its sub-domains and any other sites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf [together, the ‘Sites’ and ‘Site’ being a reference to any one of them] and the other services that we provide [the ‘Services’].
Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Note that by using the Services, you agree to all these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services. If you continue to use the Site or if you order products, we will take this as your acceptance of these Terms and Conditions.
ATTUALE.COM [the ‘Site’] is owned by Theattuale S.R.L. registered in Italy, which has granted the right to operate its site to The Attuale General Trading LLC operating under the tradename ‘ATTUALE.COM’, for its own benefit and the benefit of its affiliates and subsidiaries [together ‘we’ or ‘us’] in the United Arab Emirates. ATTUALE.COM is a limited liability company incorporated under the laws of the United Arab Emirates, with commercial license number 807353 and its registered office at PO Box 124584, Dubai, United Arab Emirates.
UNDERSTANDING OUR TERMS
When we refer to ‘we’, ‘us’ or ‘our’, we mean ATTUALE.COM. Where we refer to ‘you’ or ‘your’ we mean you, the person using the Services.
These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Partners relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records. Note that we may amend these Terms and Conditions from time to time so please check the site regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time.
The services we offer allow you to openly browse through our site and purchase products of your interests from a number of selected brands worldwide. These items are carefully selected by our buyers to fit the ATTUALE.COM brand. You will be able to purchase these products online in which we will additionally offer a delivery service to deliver your package.
Please note that the delivery logistics service is being provided by us to you and as such you are entering into a contract for delivery services provided by us. We may make a charge for these services which will be shown at checkout and prior to your purchase of the products. Your contract with us is concluded once the products have been delivered to you by the courier or have been collected by you from a Partner.
We aim to make the Site and its associated services available to as many people as possible. However, we do require that you have reached the age required by the law of the country of your own citizenship in order to be able to lawfully: [i] make payment through one of our accepted payment options; and [ii] agree to these Terms.
LIABILITY IN RELATION TO OUR SERVICES
By placing an Order through our Site, 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].
We aim to be as accurate as possible when describing our products to you in order to stay true to brand while still maintaining our tone of voice. In our product descriptions we explain the materials/ ingredients the benefits, the fit, styling tips, and the overall essence of the product [how it makes us feel]. Since the descriptions are based on information provided to us by the Partners [who remain responsible for them], we cannot guarantee that all details are always accurate, complete or error free. Please contact our Customer Care if you would like more information about a product. The images of the products on the site are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your computer's display of the images accurately reflect the true colour of the products.
All products sold on our site are not harmful or dangerous to use. Our extensive buying process is taken very seriously, and we go through great measures to ensure that the items being sold maintain the ATTUALE.COM standards as best as possible.
We do not allow Partners to offer flawed items or products of lower quality than the corresponding market standards for sale on the site. If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to us and we will liaise with the Partner on your behalf. Once the item is received by the relevant Partner, you will receive a full refund of the defective product.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
The products sold by the Partners are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. Neither we nor the Partners have any liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.
Some products might be covered under manufacturer’s warranty against production defects. Please CONTACT US directly if your product has a manufacturing defect and we will get in touch with you soon.
Goods and products are delivered ‘as is’ purchased through the Site. We make no representation, covenant or warranty and offer no other conditions, express or implied, statutory or otherwise, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of Site membership, any Content, or any products purchased through the Site. We will not be providing any warranty with respect to goods and products purchased through the Site other than the warranty that might be made available by the manufacturers and other than return policy.
Your use of the Site 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 Site at any time. Save as required by law, we make no warranties that access to the Site will be uninterrupted or error-free; that the Site will be secure; that the Site 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 site, 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 site shall create any warranty of any kind.
When you place an order with us, then subject to your rights to cancel or return the products, you commit to buy the products 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 or refuse in our sole discretion including for reasons such as ineligibility, inability to confirm payment authorisation, suspected fraud, shipping restrictions and stock availability. All products saved in your site Shopping Bag are not reserved until your order is accepted and paid for in full.
A Receipt of all your orders will be acknowledged by email every time you place a new order. However, your order is only confirmed after you receive a notification from us or our delivery partner[s] confirming dispatch of the products[s] you ordered. No party other than us or our delivery partner[s] have the authority to confirm acceptance of the order on our behalf.
Please note that any free gifts will be non-returnable/ refundable.
Our site will show you the default currency of the country you are shopping in. You may change this anytime from the drop-down box located on the bottom left of the Site
ATTUALE.COM accepts Visa, MasterCard, PayPal. When selecting PayPayl at checkout, you will be redirected to the PayPal site for you to log-in and pay. Please note that PayPal only accepts payments in $. Payment is only debited from your payment method at the time of purchase.
After following the necessary steps to place your order, fill in your preferred methods of payment along with your details. All information is secured by our payment gateway provider Checkout.com, which is PCI and DSS certified. Your details and passwords cannot be accessed by any of our employees. You can also put in a request to delete your card details at any time from the payment page.
By entering payment details onto our Site, you warrant that you are duly authorised to pay using those details and are offering to purchase the products from the relevant partner [and not directly from us]. Your order for the products is subject to these TERMS AND CONDITIONS which are incorporated into the contract between you and the relevant Partner. All orders are subject to availability and confirmation of the order price, which is determined by the relevant Partner. Legal title to the product purchased will pass to you upon your payment being accepted. We reserve the right to decline orders without liability to you where we believe payments are not authorised, the payment method is not valid or where we do not think you are authorized to use the relevant payment type.
To order products you must be over 18 years of age and possess a valid credit or debit card. By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, and that there are sufficient funds in the account to cover the cost of your order.
The Site allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate [for example, the correct products, quantities, size, colour, etc.].
We try to ensure that all prices are that appear on our site are accurate. All prices are chosen based on the information provided to us by the Partners. There may be a case where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Partner, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.
In UAE, prices for all products on the Site are displayed in UAE Dirhams [AED] by default and are inclusive of duties and taxes [VAT] that are applicable in the United Arab Emirates only.
For other countries that are outside of the UAE, any services you choose in addition to the purchase and delivery costs, applicable sales, use, value-added or other taxes, fees, assessments or duties imposed by the applicable jurisdictions to which the purchase may be subject, which will be charged in addition to the prices indicated on the site. Any such additional costs will be displayed before your order confirmation. All prices and other terms are subject to correction for typographical or clerical errors.
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 and 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 below for further details on delivery options.
PROMOTIONAL AND DISCOUNT CODES
Promotional codes are valid only in accordance with their terms, until the date stated, 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.
For all credit card and Paypal orders: once the order has been confirmed you will receive an email with your order number. Once the order is dispatched, you will receive a shipment confirmation email with your DHL tracking. Simply click the link to track your package. You will later receive an SMS or email by DHL confirming the delivery. In case of any delays, please contact DHL directly providing the tracking number.
DELIVERIES WITHIN THE UNITED ARAB EMIRATES AND GCC:
Saturday to Thursday: next working day delivery.
UAE charges – 25AED if the order less than 400AED – Free of charge if the order is above 400AED.
GCC charges – 100AED if the order less than 800AED – Free of charge if the order is above 800AED.
In UAE remote areas, please allow 1-2 days for delivery.
In GCC, customs may require customer ID to clear the shipment.
All international deliveries will be handled with our delivery partner DHL and will be subject to delivery charges. Your order will be subject to import duties and taxes which are applied when the package reaches that destination. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws.
INQUIRIES AND COMPLAINTS
For any inquiry or complains regarding an order, please contact our customer service team through EMAIL or WHATS APP.
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
The sale of products hereunder does not convey any express or implied license under any patent, copyright, trademark or other proprietary rights owned or controlled by us, whether relating to the products sold or otherwise. All rights under any such patent, copyright, trademark or other proprietary rights are expressly reserved.
For the avoidance of doubt, we do not make any representation or warranty of any kind with respect to any trade-mark or tradenames presented at the Site and/or in the relevant product. ATTUALE.COM makes no representation or warranty of any kind with respect to the ownership or legitimate usage of said trademarks or tradenames and expressly disclaims any liability with respect to any alleged infringement of any third-party property rights.
COPYRIGHT AND TRADE MARKS
All content available on the Site, including, but not limited to, text, graphics, logos, buttons, icons, images, audio clips, data compilations, and software, and the compilation thereof [which are considered "Content" further defined below] is the property of ATTUALE.COM, our affiliates, our partners or our licensors, and is protected by Italian, U.A.E., and international copyright laws.
The trade marks, logos, and service marks displayed on the Site [collectively, the "Trade Marks"] are the registered and unregistered marks of ATTUALE.COM, our affiliates, our licensors or our partners, in Italy, the U.A.E. and other countries, and are protected by U.A.E. and international trade mark laws. All or any other trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
USER GENERATED CONTENT
By posting on any of our social media channels you agree to be solely responsible for the content of all information you contribute. You also grant us the right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to 72 hours to be displayed but ATTUALE.COM does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts, please WRITE to us directly.
ATTUALE.COM reserves the right at its sole discretion not to publish, or to remove, [without limitation] any comment including those that it believes 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, or is detrimental to the trade marks, patents and copyrighted content, contains personal data, or improperly uses the medium for promoting and advertising businesses. The Site is available to the public; information you consider confidential should not be posted to the Site.
The site may contain services and/or products [including add-ons and applications] offered by third parties other than our Partners [the “Third-Party Products and Services”]. Your use of these Third-Party Products and Services may be subject to additional terms and conditions which we recommend you review before first using such Third-Party Products and Services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any Third Party Products and Services. We reserve the right to suspend, withdraw, terminate and/or amend your access to the Sites and/or Services, including but not limited to Third-Party Products and Services, in the event that you breach any Third-Party Products and Services’ terms and conditions. Use of Third-Party Products and Services is entirely at your own risk.
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 Site or however caused, even if it could have been reasonably foreseen, 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.
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, losses and expenses, including legal fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Site Terms, including the use by third parties accessing the Site using your account caused by your action or inaction.
You acknowledge and agree that these site Terms constitute the complete and exclusive agreement between us concerning your use of the site and any purchase by you of any items through the site, and supersede and govern all prior proposals, agreements, or other communications.
Any failure to exercise or any delay by either party in exercising its rights or remedies under these Site 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.
DISPUTES AND GOVERNING LAW
These Site Terms are governed by the federal laws of the United Arab Emirates, and all disputes arising here under are subject to the jurisdiction of the courts of Dubai, United Arab Emirates. However, we reserve the right to commence any legal action in the Country of your domicile and/or in any other Country as we deem appropriate.