Terms and Conditions

Terms and conditions

 

www.dinamelwani.com Website (“Website“) is the property of Dina Melwani Designs FZE, a company with limited liability, incorporated under the laws of the United Arab Emirates, at address: POBOX 4422, Fujairah, United Arab Emirates.

Dina Melwani Designs FZE runs an online shop under the internet address: www.dinamwelwani.com for the purpose of the sale of clothing and accessories and other items (“Products“). All orders placed by you via the website and our deliveries and services are exclusively subject to the following general terms and conditions, in the version that is valid at the time of the order. We do not accept conflicting terms and conditions of the customer unless we have agreed to their validity in writing.

By entering our Website, you agree to the following terms and conditions (“Terms“). Please review these carefully prior to making any purchases.

Dina Melwani has taken a great care to ensure that the Products displayed on our website resemble the actual product. However, color and clarity may vary from device to device used to access the Website, therefore Dina Melwani cannot guarantee that the Product is a mirror image of that which was viewed online.

In order to be able to make purchases through the Website, you will be requested to register. The information sought will allow Dina Melwani to handle your transaction efficiently and effectively.

The Website is available only to individuals who meet the Dina Melwani terms of eligibility, who have been issued a valid payment card, i.e., credit/debit card, and who have authorized Dina Melwani to process a charge or charges on their credit/debit card in the amount of the total purchase price for the item(s).

By making an offer to purchase merchandise, you authorize Dina Melwani to perform credit checks and to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization, and to allow individual purchase transactions.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.

We reserve the right to restrict multiple quantities of a specific item being shipped to any one customer or postal address.

In case your personal information changes, please notify us by contacting Customer Care at the following email: info@dinamelwani.com

Payment:

Payment shall be made online when you place your order. All prices do not include of VAT. If the order is accepted, you will be informed about the time and means of delivery.

It is important that you enter all the requested information accurately, to ensure that there is no delay in the dispatch of your order. The information provided will be treated as highly confidential.

Orders

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. When a purchase is made through our website, the customer is offering to buy Products for the price stated and subject to these Terms.

Once you have placed your order, you will receive an email acknowledging the exact details of your order, providing you with a payment reference code and the value of your order that will be debited from your method of payment.

Once a Product has sold out it will be taken off the Website at the earliest possible. There may be occasions due to circumstances beyond Dina Melwani’s control where a Product is not available. If a Product you have ordered goes out of stock before we confirm acceptance of your order, then Dina Melwani shall not be liable to you for being unable to provide that Product.

If such a situation arises, then we shall notify you as soon as possible and attempt to source the named item or an alternative on your behalf. If this is unsuccessful, we will process a refund of any unavailable Products made. In the event that you have multiple Products in your order and the above is not possible, we will continue to ship the remaining items unless we receive email notification before dispatch that you no longer wish to proceed with your order.

If you require any information regarding your order(s), please contact Customer Care on +971 42434510 during our office hours of 9:00 am till 6:00 pm (GMT+4) seven days a week or email at: info@dinamelwani.com

Dina Melwani may not accept your order if: an item you have ordered is out of stock; Dina Melwani is unable to obtain authorization for your payment or a product or pricing error is identified.

We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.

By sending the order form provided on our website to us you make a binding offer to enter into the contract. You finalize the order by entering all information during the order process and sending the order form to us by clicking on the “PLACE ORDER” button.

Returns and Exchanges

Right to Cancel and Return

You have the right to cancel your order within 14 days. The cancellation period will expire 14 days from the day after the day on which you (or someone you nominate, other than a carrier) receives the last of the goods.

 Returns will be accepted for consideration only when we receive them in the given time limit, which means that you must ship it out on time. Return shipments will be at your cost and risk.

To exercise the right to cancel, you must inform us by email to: info@dinamelwani.com.

For orders cancelled, Dina Melwani will issue you with a full refund for the product. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make reimbursement without undue delay, and not later than: (i) 30 days after the day we receive back from you any of the goods supplied; or
(ii)(if earlier) 30 days after the day you provide us with evidence that the good have been returned; or
(iii) if no goods were supplied, 20 days after the day on which we are informed about your cancellation.

We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the re-imbursement.

In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. If we do not receive the goods back, we may arrange to have them collected from you at your cost.

You shall return cancelled orders to: GD AVANTI MEDIA FZ LLC,DUBAI MEDIA CITY

AL SHATHA TOWER BUILDING, 27 FLOOR, OFC. 2722, P.O BOX 502205, DUBAI, UNITED ARAB EMIRATES without undue delay and in any event not later than 14 days from day on which you communicate your cancellation of the contract to us. The deadline is met if you send the goods before the period of 14 days has expired.

You will have to bear the cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods.

Please note you may only use your right to cancel the order if you give us formal written notice of cancellation any time after your order has been placed, up until 14 calendar days from the day after you receive your order, by email or post as described above.

Exchange

Dina Melwani can only exchange items for a different size and only within 14 days after you have received your goods. In order to exchange your item, please contact Dina Melwani Customer Service at info@dinamelwani.com.  In doing so please specify the new size you require. If you wish to exchange your item for an alternative style or an item of a different category, the price should be the same with the item previously purchased, otherwise we suggest that you return it, receive a refund and purchase the new item separately.

Customs duties and sales taxes are non-refundable. Please note that exchanges will be submitted through the same customs procedures, and therefore duties and taxes may be applicable again.

Intellectual Property, Software and Content

Your use of the www.dinamelwani.com site and its contents grants no rights to you in relation to any copyright, designs, trademarks, text, graphics, logos, images, structure and all other intellectual property and material rights relating to the Content, including the Software and all HTML and other code contained in this Site.  All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this site are the exclusive property of Dina Melwani Designs FZE, and it is protected by the U.A.E. and international copyright laws, national intellectual property, other laws and international treaty provisions. Therefore, any use of any materials and information displayed on this website is forbidden and illegal without the express written permission from Dina Melwani Designs FZE.  Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Dina Melwani takes great care to ensure that the information on this site is accurate and complete. However, Dina Melwani does not promise that the Content is accurate or error-free, neither that the functional aspects of the Site or Dina Melwani’s Content will be error free. Furthermore, Dina Melwani does not ensure that the Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

REPRESENTATIONS AND WARRANTIES: LIMITATIONS OF LIABILITY

Dina Melwani makes no representations or warranties of any kind whatsoever, expressed or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

You agree that, to the fullest extent permitted by applicable law that Dina Melwani will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any: loss or damages of any sort incurred as a result of dealings with or the presence of off- Website links on the Website; interruption of business; access delays or access interruptions to the Website; any inaccuracies, omissions or misleading, false or deceptive statement in the content; events beyond Dina Melwani’s reasonable control; data non-delivery, miss-delivery, corruption, destruction or other modification; or computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites

Furthermore, to the fullest extent permitted by law, Dina Melwani will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Dina Melwani have been advised of the possibility of such damages. In the case that the exclusion or limitation of liability for consequential or incidental damages, is not allowed in some countries, in such countries, Dina Melwani’s liability is limited to the maximum extent permitted by applicable law.

DISPUTES

Any dispute, or claim arising out of or related in any way to this Contract and/or any sale of goods or services hereunder or any transaction contemplated hereby which cannot be amicably resolved by the Parties through negotiation within sixty (60) days, shall be solely and finally settled by arbitration administered by the Dubai International Arbitration Centre in Dubai, United Arab Emirates in accordance with its rules.

The language of the arbitration shall be English. One (1) arbitrator shall be bound to adjudicate all disputes in accordance with the laws of England. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the Parties.

However, if you have in any manner violated or threatened to violate Dina Melwani’s intellectual property rights, Dina Melwani may seek injunctive or other appropriate relief in the U.A.E. Courts, and you consent to exclusive jurisdiction and venue in such courts.

To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in Dubai, and all applicable provisions of this section shall apply.

GENERAL

You acknowledge and agree that Dina Melwani’s Terms and Conditions together with Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any Products from Dina Melwani, and supersede and govern all prior proposals, agreements, or other communications.

If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part, then these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms by Dina Melwani shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms.

No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms as regards any of the times, dates and/or periods mentioned herein.

Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between you and Dina Melwani.

Dina Melwani reserves the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms.

Dina Melwani may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

Dina Melwani reserves the right to refuse to supply Products to any person for any reason whatsoever, to withdraw any Items from the Website at any time and/or remove or edit any materials or content on the Website. Dina Melwani will not be liable to you or any third party by reason of Dina Melwani withdrawing of any Product from this Website whether or not such Products have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

If you have any questions regarding these Terms, please contact Dina Melwani at info@dinamelwani.com

 

GOVERNING LAW

Your use of this Website and any purchase by you of any Product from Dina Melwani shall be governed by the laws of the Emirate of Dubai and the United Arab Emirates.

Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE. United Arab Emirates is our country of domicile, therefore, the customer using the website who is Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website (Age of consent is mentioned as per the applicable law). If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. (Before including this statement, SSL certificate must activated on the website). Additionally, the cardholder must retain a copy of transaction records and Merchant policies and rules.

Dina Melwani will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.

All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.

Delivery

Delivery time is 7-14 days depending on your location. Once the order is shipped a tracking number will be provided. We will ship the order as 1 full order. If you want separate shipping, please place separate orders.