AL KHAZNAH TANNERY © MMXIII - TERMS AND CONDITIONS
www.alkhazahtannery.com, www.cameluae.com, www.alkhaznah.com, www.atelierak.com and www.alkhaznahboutique.com ("Website") are owned by and operated by or on behalf of Al Khaznah Tannery ("Al Khaznah Tannery/we/us"), with delivery services provided by or on behalf of Al Khaznah Tannery ("Al Khaznah Tannery/we/us"). If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any products purchased by you from the Website or through any Applications (as defined below), you can contact us at:
Al Khaznah Tannery P.O. Box 3238 Abu Dhabi, UAE
Tel (+971) 25 66 20 00 Fax (+971) 25 66 16 60
Our lines are opened from Sunday to Thursday, 8:30 am to 3:00 pm (GMT+4)
B. USE OF WEBSITE
1 These terms and conditions and any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together "Terms") apply to your use of the Website and any other website or application permitting you to place an order with Al Khaznah Tannery for any products and services (such websites and applications being the “Applications” for the purpose of these Terms) including all orders submitted by you for any products or services made available by us for purchase over the Website and/or Applications. As the context requires, references to “Website” in these Terms shall also include Applications as applicable. By accessing this Website and/or Applications you agree to these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms and Conditions for future reference. If you do not agree to these Terms (as they may be changed or updated from time to time), you must cease accessing this Website and all Applications immediately. Please note that all options available on our Website may not be available on any Application or the Website accessed using a mobile device.
2 Please note that these Terms do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any).
3 You agree that the information you provide when you register on the Website is not misleading, true and accurate in all respects and you will notify our customer service team of any changes to that information.
4 We may change, withdraw, or suspend access to the Website (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
5 The Website may include links to other websites or resources ("Linked Websites"). Al Khaznah Tannery has no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from the Website, Al Khaznah Tannery is not responsible for the availability of the Linked Websites, and is not liable in any way for the content of Linked Websites, including (without limitation) any goods or services available from such Linked Websites, other advertising or content on such Linked Websites or the use that such Linked Websites make of your personal information. Furthermore Al Khaznah Tannery will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Websites or the content thereon.
6 Al Khaznah Tannery may deny you access to the Website at any time in its sole discretion. Examples of when we may so deny you access include but is not limited to where we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.
7 Any material that you upload to the Website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
8 Al Khaznah Tannery will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Website and you hereby agree to be responsible to Al Khaznah Tannery for and indemnify Al Khaznah Tannery and keep Al Khaznah Tannery indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by Al Khaznah Tannery as a result of any claim in respect of your use of the Website.
9 Al Khaznah Tannery has the right to remove any material or posting you make on the Website in Al Khaznah Tannery's sole discretion.
10 References to ‘We’ in the Customer Service Information refers to Al Khaznah Tannery.
C. PURCHASE OF PRODUCTS
If you are purchasing from Al Khaznah Tannery Bespoke (as defined in Section D(1)) or placing a pre-order for Products from Al Khaznah Tannery 's runway collection, the following Sections C(1) to C(7) below may be superseded by or may apply in addition to specific terms applicable to such Products as set out in Sections D and E below respectively.
1. ACCEPTANCE OF ORDERS 1.1 All information on the Website is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order ("Products") from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason without liability to you. Examples of when we may not accept your order are as follows: (a) If products are shown on the Website but are not available or are incorrectly priced or otherwise incorrectly described; (b) If we are unable to obtain authorization of your payment; (c) If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address; (d) If shipping restrictions may apply to a Product ; or (e) If the delivery address you give is the address of an entity or individual providing freight forwarding services. 1.2 After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products and details of any delivery services (the "Delivery Services") you have ordered from Al Khaznah Tannery. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of (a) a contract of sale of the Products between us and you and (b) a contract for Delivery Services between Al Khaznah Tannery and you, will not take place unless and until (i) the Products have been collected from us by Al Khaznah Tannery on your behalf pursuant to your delivery contract with Al Khaznah Tannery or (ii) in the event that you have elected to collect the Products from a Al Khaznah Tannery store, the Products have been dispatched for delivery to the relevant Al Khaznah Tannery store and we have sent you an email confirming that the Products have been dispatched to you or the Al Khaznah Tannery store (as relevant) ("Dispatch Confirmation"). Please note that the option to collect in store is only available in certain specified countries and from specified Al Khaznah Tannery stores and is not available on any Application or the Website accessed using a mobile device. Further information is available at Shipping Destinations, Costs And Delivery Times / Collect In Store. 1.3 Orders can also be placed by telephone in English, French, or Arabic with our Customer Service team: Contact Us. Our Customer Service team act on behalf of Al Khaznah Tannery in respect of any queries about delivery. Where you provide us with an email address, we will follow the process outlined in Section C (1.2). If you have not provided us with an email address, we reserve the right to follow an alternative process, which will be notified to you at the time. In either case, acceptance of your order and the formation of a contract of sale between us and you will not take place unless and until (i) the Products have been collected from us by Al Khaznah Tannery on your behalf pursuant to your delivery contract with Al Khaznah Tannery or (ii) in the event that you have elected to collect the Products from a Al Khaznah Tannery store, the Products have been dispatched for delivery to the relevant Al Khaznah Tannery store. 1.4 When placing an order for the first time, you may be required to or may be offered the option to register with us and complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Website, such as the Shopping Cart section of the Website ("Secure Access"). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to the Website without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Website. 1.5 In the event prolonged inactivity causes your connection to the Website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket and on your wishlist are not reserved and may be purchased by other customers. 1.6 Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors. 1.7 You will only be charged for products when they have been collected from us on your behalf by Al Khaznah Tannery or, in the event that you have elected to collect the Products from a Al Khaznah Tannery store, the Products have been dispatched for delivery to the relevant store (together with the relevant delivery charges that we collect on behalf of Al Khaznah Tannery and any card processing or payment processing charges). 1.8 While all the Products sold through the Website will always correspond with their description, variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view the Website may mean that the colours, fabrics and designs of the Products displayed on the Website and the Products delivered to you may differ in appearance in some respects. 1.9 We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by email or telephone.
2. PRICES 2.1 All prices of Products on the Website are the price for the Products only. They do not include any VAT or other sales tax payable nor do they include the charge by Al Khaznah Tannery to you for delivery. Find out more about Shipping Destinations, Costs And Delivery Times. 2.2 We endeavour to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product's correct price is lower than the price stated on the Website, subject to our right to refuse an order pursuant to Section C 1.1(a), we will charge the lower amount and send you the Product. If a Product's correct price is higher than the price stated on the Website, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price. 2.3 Al Khaznah Tannery may vary the prices of Products listed on the Website at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation. 2.4 Please note that in some countries duties may be payable to your local tax authorities on receipt of your delivery. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
3. PAYMENT TERMS 3.1 The total cost of your order will be the purchase price for the Products plus any delivery charges (which you pay to us). Find out more about Shipping Destinations, Costs And Delivery Times. 3.2 More information about the payment methods that we accept, and details of when an order will be charged to your account can be found in our Payment section. 3.3 Please note that we accept payment in the payment currency specified for the country of your selected shipping destination in our Payment section. 3.4 You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate . You further confirm that the credit/debit card is valid and the inputted payment details correct. All credit/debit cardholders any payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. 3.5 We are not responsible for any charges or other amounts applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order. 3.6 If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Website, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability incurred or suffered by you as a result of your card issuer or payment method provider charging you in a currency other than the currency set out on the Website.
4. INVOICING 4.1 Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
5. DELIVERY, TITLE AND RISK 5.1 When ordering, you will be offered Al Khaznah Tannery's Delivery Service once you reach the delivery address details page. Orders will be sent to the delivery address that you have given on your order form. Al Khaznah Tannery can be held responsible if that delivery address is incorrect or incomplete. Please note that Al Khaznah Tannery does not deliver to PO boxes. Please note that there are restrictions on the locations to which Al Khaznah Tannery delivers Products purchased from the Website. Details of the locations to which Al Khaznah Tannery delivers are available from us on request. 5.2 When you have selected your preferred delivery method from those offered for your selected shipping destination and provided your order has been accepted by us, your order shall be processed by us and we will endeavour to despatch your order in accordance with the estimated delivery times set out at Shipping Destinations, Costs And Delivery Times. Orders received after any specified “cut off” or “last order” time or received on a day which is not a working day (that is any day on which the banks are open for business in Abu Dhabi which is not a Thursday afternoon or a Friday, will be processed on the next working day. Estimated delivery times will be calculated from the date on which the order is processed. Where you have selected any of Al Khaznah Tannery's delivery services, your sole remedy for any failure by Al Khaznah Tannery to despatch your order in time for delivery within the relevant estimated delivery times for your shipping destination and selected delivery method shall be your right to cancel the relevant order and receive a full refund of any monies paid to us in respect of that order. Please note that all delivery options available on our Website may not be available on any Application or the Website accessed using a mobile device. 5.3 Title in the Products will pass to you on the later of:- (a) the date on which we receive payment in full for such Products; and (b) the date and time of collection of such Products (i) by Al Khaznah Tannery on your behalf for delivery to your nominated address or (ii) by you or by a third party on your behalf from a Al Khaznah Tannery store (as relevant).
5.4 Once a Product has been collected by Al Khaznah Tannery on your behalf, all risk of damage to, or loss of, the Product shall pass to you. However, the terms and conditions of Al Khaznah Tannery contain certain provisions protecting you until such time as Al Khaznah Tannery delivers the goods to you. Notwithstanding the foregoing, in the event that you elect to collect your Product from a Al Khaznah Tannery store, all risk of damage to, or loss of, the Product shall pass to you upon the collection of such Product by you or by a third party on your behalf from the Al Khaznah Tannery store. 5.5 We shall be entitled to supply the Products in instalments and each instalment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order. 5.6 Save in the event that you elect to collect your Product from a Al Khaznah Tannery store, as part of the ordering process, you will contract for a supply of goods Al Khaznah Tannery. Upon placing an order you will receive various email confirmations and paper documents in relation to your order. In respect of each of these and any other similar email confirmation or paper documents, please note that references to shipping; express courier; shipping and handling and any other similar terms relate to the services performed by Al Khaznah Tannery.
5.7 In the event that a Product is subsequently imported into a country other than the country to which Al Khaznah Tannery delivered the Product or of the store from which you collected the Product, you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.
6. CANCELLATION AND RETURNS 6.1 Should you wish to cancel or return any Products, you may only do so in accordance with our Returns & Cancellation policy. This Returns & Cancellation Policy does not affect your statutory rights as a consumer including your rights under the Consumer Protection (Distance Selling). For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any). 6.2 Where you return a Product under the Regulations we will issue you with a full refund but you will need to return the Product at your own cost (if you have already received the Product)
7. AGE REQUIREMENTS 7.1 If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.
D. PRE-ORDER OF RUNWAY PRODUCTS
1 The Terms in this Section D apply to any purchase of Runway Product (as defined below in Section D(2)) and apply in addition to, and in the event of any conflict take precedence over, the Terms set out in Sections C(1) to C(7). In all other respects sections in Sections C(1) to C(7) of the Terms continue to apply in full force and effect.
2 From time to time we may invite you to pre-order Products from our runway collection ("Runway Product"). In the event that we do so please note that the delivery options offered on AlKhaznahTannery.com and set out in Section C(5.2)of the Terms and the option to collect Products in store shall not apply to orders of Runway Products. Please allow a minimum of 8 weeks for delivery of any such Runway Product.
3 You agree that if you order a Runway Product you will be charged at the time that the Runway Product is shipped by Al Khaznah Tannery to you. Notwithstanding the foregoing, your credit/debit card account may reflect the deduction of the purchase price immediately upon placing the order. For the avoidance of doubt the provisions of Section C(1.7) of the Terms shall not apply.
1. INTELLECTUAL PROPERTY 1.1 All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Website (the "Content"), is either owned or licensed by Al Khaznah Tannery, and is protected by applicable copyright laws and treaties around the world. All such rights are reserved. 1.2 The " Al Khaznah Tannery " trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, Website, accessories or packaging, whether registered or not (the "Trade Marks"), are and remain the exclusive property of Al Khaznah Tannery and/or its licensors and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved. 1.3 All other intellectual property rights (including, without limitation, registered or unregistered designs, copyrights and patents) in or related to the Website, the products depicted and/or available on the Website and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Website (the "Intellectual Property Rights") are and shall remain the exclusive property of Al Khaznah Tannery and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved. 1.4 Limited Licence Subject to the terms herein, we grant you a revocable, and non-exclusive licence to access and make personal use of the Website limited such that it does not include the right to: (a) use the Website in any way which may prejudice or damage the reputation of Al Khaznah Tannery; (b) use the Website for any commercial or business purposes. The Website is for your personal use only; (c) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. 1.5 Al Khaznah Tannery may terminate the limited licence set forth in this Section at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any breach of these Terms.
2. CONTENT 1 Al Khaznah Tannery endeavours to ensure that the information posted by it on the Website is accurate and complete. Al Khaznah Tannery does not, however, guarantee that the Content or any other information available on the Website is accurate and/or error free, Al Khaznah Tannery does not promise that the functionality of the Website or Content will be error free or that the Website, Content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful. Al Khaznah Tannery recommends that all users of the Internet ensure they have up to date virus checking software installed.
3. EXCLUSION OF WARRANTIES 1 This Section E(3) does not affect your statutory rights as a consumer and, in respect of the Products, does not exclude or limit in any way our liability for breach of the statutory implied conditions. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country (if any). 2 SUBJECT TO THE PRECEDING PARAGRAPH TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AL KHAZNAH TANNERY DISCLAIM AND EXCLUDE ALL OTHER TERMS, CONDITIONS AND WARRANTIES IN RELATION TO THE PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE OR ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE PRACTICE.
4. LIMITATIONS OF LIABILITY 1 Nothing in these Terms limits or excludes our liability: (i) for death or personal injury caused by negligence; (ii) for fraudulent misrepresentation; (iii) under Section 2(3) of the Consumer Protection Act 1987; or (iv) for any other liability which cannot be limited or excluded by applicable law. 2 Subject to Section E(4.1) above, we will not be liable, whether in contract, in tort (including, without limitation, negligence), or otherwise arising out of or in connection with these Terms for any: (a) economic losses (including, without limitation, loss of revenues, data, profits, contracts, business or anticipated savings); or (b) loss of goodwill or reputation; or (c) special or indirect losses suffered or incurred by you arising out of or in connection with these Terms. 3 Subject to Sections E(4.1) and E(4.2) the aggregate liability under these Terms of Al Khaznah Tannery whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Product you have ordered from Al Khaznah Tannery. This section E(4) does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country (if any).
5. DATA PROTECTION 1 By placing an order you agree and understand that we may store and process your personal data in accordance with our Privacy Statement. Al Khaznah Tannery fully respects the privacy of individuals who access and use the Website.
6. ASSIGNMENT, SUBCONTRACTING ETC 1 We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
7. AMENDMENTS TO THESE TERMS 1 We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us.
8. EVENTS BEYOND OUR REASONABLE CONTROL 1 We will be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.
9. SEVERANCE 1 Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.
10. GOVERNING LAW AND JURISDICTION 1 These Terms and all transactions relating to the Website are governed by Emirati law and you, and we, hereby submit to the non-exclusive jurisdiction of the Emirati courts.
11. AL KHAZNAH TANNERY EMPLOYEES 1 Al Khaznah Tannery Employees ordering products from the Website, and who are entitled to staff discount, agree that they have read and adhere to the terms and conditions of the Al Khaznah Tannery Global staff discount policy. Employees with any questions about this discount policy please contact your HR department.
12. ENTIRE AGREEMENT 12.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract. 12.2 We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty ("Representations") of any person (whether a party to that contract or not) other than as expressly set out in these Terms. 12.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
13. WRITTEN COMMUNICATIONS 13.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This section does not affect your statutory rights.
14. NOTICES 14.1 All notices given by you to us must be sent to Al Khaznah Tannery P.O. Box 3238 Abu Dhabi, UAE. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in section E(13) above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. WAIVER 15.1 If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. 15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default. 15.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section E(14) above.