Terms of Use
Terms of Use
www.xtraculta.com (collectively the "Website") is owned and operated by EXTRA CULTURE READYMADE GARMENTS TRADING LLC, trading as XTRACULTA ("XTRACULTA"), for its own benefit and the benefit of its affiliates and subsidiaries (together "we", "us" or "our"). EXTRA CULTURE READYMADE GARMENTS TRADING LLC is a limited liability company incorporated under the laws of the United Arab Emirates, with commercial license number 1199420 and its registered office at Office NO: 202-A1 Al Moosawi Building,Mankhool,Bur Dubai, Dubai, United Arab Emirates.
Please read these terms of service (the "Terms of Service"), and any other terms applicable to the use of the Website, including the Website Terms of Use ("Website Terms"), the privacy & cookie policy (the "Privacy Policy"), as together they form the terms governing the relationship between us and you (collectively, the "Terms"). We may need to change or update our Terms from time to time as we strive to improve our services. We will notify you of any changes to the Terms either via email, a notification you will receive when accessing the Website, or other reasonable means, but it is your responsibility to read the Terms prior to using the Website or our services. If you do not consent to these Terms, you must cease access and use of the Website. Your continued use of the Website constitutes your acceptance of the Terms.
When you place an order for products or services through our Website (an "Order"), you are deemed to have consented to the latest version of the Terms then posted on our Website. If a change in law takes effect which requires us to change our Terms after you have placed an Order but before it has been accepted by us, you acknowledge that the change will apply to your Order. In all other cases, the version of the Terms posted on the Website at the time your Order was placed will apply.
ELIGIBILITY
We aim to make the Website and the services we offer available to all our customers. However, to use the Website, you must be at least 18 years of age, and able to lawfully: (i) make payment through one of our accepted payment methods; (ii) agree to these Terms; and (iii) enter into binding contracts with us. In addition, only Orders with delivery addresses within the UAE, BAHRAIN, KUWAIT, OMAN, SAUDI ARABIA can currently be processed. Please refer to the Delivery section below. The Website is for your personal or gift use only and commercial usage is not permitted. We reserve the right to decline Orders where we suspect commercial usage.
PROHIBITION ON COMMERCIAL USE
The Website is for customers' personal use only. We do not provide the Website, products or the services supplied by us through the Website for commercial usage. We reserve the right to decline Orders of unusual quantities and/or where we suspect commercial usage by the purchaser. We may take any steps we deem necessary, including taking appropriate legal action against violators.
PLACING ORDERS
When you place an Order with us, you commit to buy the items described in that Order, at the price displayed for each product on the Website, in addition to any service charges such as delivery fees, taxes and duties where applicable, at the time of placing the Order. We will send you an email acknowledging the receipt of your Order. However, Orders are subject to our acceptance, which will be communicated to you when you receive a notification from us confirming your Order has been processed by us and/or your item(s) have been dispatched for delivery. No party other than us has the authority to confirm acceptance of the Order. We may reject Orders at our sole discretion including for reasons such as errors in prices of products, other technical errors affecting the Website or the ordering process, ineligibility, inability to process payment, suspected fraud, suspected violation of the prohibition on commercial use of our Website, shipping restrictions or stock unavailability.
STOCK AVAILABILITY
Items in your Website basket are not reserved until your Order is paid for in full and accepted by us. The Website (or our Website Call Centre) may contain or provide information regarding the availability of a particular item. The information provided on the Website is only an estimate and may not be up to date at the time of placing an Order due to the frequency of the transactions that are carried out on our Website. Unfortunately, we cannot always guarantee that an item which is displayed as in-stock on the Website at the time you placed it in your basket will be available at the time you place the Order. Should this happen, we will notify you and arrange for a full refund to your original payment method.
CANCELLATION AND CHANGES
You may, at any time prior to your Order being marked as "Processed" on our online Order tracking system, contact us or use the Website to cancel or change the Order. If you do so, we will at your request either: (i) cancel the Order free of charge and issue you with a full refund, or (ii) we may agree to make certain changes to the Order, subject to stock availability and any applicable price adjustments. If the Order has already been processed by us, you will be unable to cancel the Order or make changes to the Order. You can return the items in accordance with our returns process after you receive the Order for a refund, and alternatively place a new Order with the items you wish to purchase.
PRICES
The prices of items displayed on the Website are provided in United Arab Emirates Dirhams (AED). The prices of item displayed on the Website do not include any fee chargeable for services you may select as checkout (such as gift wrapping), delivery costs, or duties to which the Order may be subject to. Any such additional costs will be calculated and added to the Order price at checkout. The delivery address you provide, the items and services you select with your Order, and the method of delivery you choose will dictate what delivery charges and duties may apply (if any). Please refer to our Shipping and Delivery section for further details on delivery options.
Although we make every effort to ensure the prices or charges communicated to you in connection with your Order are accurate, errors may occur and we reserve the right to correct such errors provided it does not affect your rights as a customer. If we believe there was an error in the price calculation of your Order, we will aim to remedy that error in the following ways:
• If your Order was inadvertently processes by us, we may at our discretion:
1. cancel the Order (or part thereof), arrange for the collection of the mis-priced item(s) from your original Order delivery address, and issue you a full refund including original Order delivery fees and duties (if applicable);
2. where the price you paid is lower than the actual price of the item, honour the Order; or
3. where the price you paid in the Order for a particular item is higher than the price of the item, we will refund you the difference in the price of the item;
• If your Order has not been processed, we will notify you as soon as possible and only process the Order (or part thereof) once you have confirmed you are happy to buy the item at the correct price or otherwise cancel the Order (or part thereof) and receive a refund instead.
PAYMENT
When you place an Order using a payment card that only processes payments in a currency other than the currency that applies to your Order at checkout, the payment will be subject to the currency exchange rate applied by your card issuer at the time your payment is processed. You bank or card issuer may also charge other fees for processing the payment.
We currently accept the following payment methods for Orders placed on our Website: Visa cards; Mastercards; American Express cards; Stripe.
By entering your payment details onto our Website, you warrant and represent that you are duly authorized to use that payment method for the purchase of the Order. We reserve the right to decline Orders without any liability to you where we reasonably believe the payment method used was not authorized for such use, where we are unable to validate or verify the payment method, or if we suspect some other illegal or irregular activity associated with the payment.
RETURNS PROCESS
Subject to meeting the conditions of these Terms of Service, we offer a "no questions asked" free returns policy if you initiate a return request within 30 days of delivery of your Order. Please note that certain items are not returnable and we will label the items non-returnable either in the item description page or at checkout, so make sure you verify this before you place your Order. However, non-returnable items may still be returned to us if you accidentally received the wrong item in your Order, or if the item was received damaged.
To be accepted by us and qualify for a refund, all items in the Order (including promotional or complimentary gift items received with the Order) must be returned to us:
• unaltered, unused and in their original condition (or the condition in which they were received by you from us or our agents);
• in their original packaging/box/dust-cover and with all brand and product labels/tags/instructions still attached;
• authenticity cards, where provided, should also be returned;
• swimwear must have the original hygiene liner attached; and
• accompanied by the original Order confirmation.
Items can be returned by arranging collection from your delivery address in the UAE by either:
1. Contacting us by our UAE number 50 705 34 34 (Whatsapp only); or
2. You can send an e-mail to [email protected]
Remember to complete and include the returns label you received with your Order package to avoid delays in processing your return. we will aim to process your return within 3-5 business days from us receiving the package back, and if accepted, the refund will be issued to your original form of payment, unless stated otherwise in these Terms of Service. If you do not have an XTRACULTA account and placed the Order as a guest, you will need to register as a user to be able to request a return online.
We provide a flexible return policy to enhance your online shopping experience for added convenience. We do monitor the quantity of returns and reserve our right to either close your Ounass account or limit your ability to place future orders should your return behaviour violate our Returns Policy. However, nothing in this Returns section is intended to affect any consumer rights that you may have under the laws of the United Arab Emirates.
EXCHANGES
Items can be exchanged by arranging collection from your delivery address and the following conditions apply:
• You can exchange an item for a different size only if it's the same product.
• The exchange order is only created after the return is approved.
• On placing an exchange request the same can be cancelled at any point.
• Exchanges are only for eligible items with the same price, located in the same warehouse, and must be returnable.
• Note: his feature is only available for UAE customers who are eligible for Size exchange as per above conditions.
REFUND PROCESS
All items returned to us will be inspected. If we are satisfied with the condition of the item returned, we will process the return and notify you once a refund has been issued with the value of the refund. Gift items returned will be refunded to the purchaser of the gift.
Your refund will be paid back to you depending on your original payment method:
• Credit or Debit Card payments are refunded back to the original payment card used to make the purchase
Please note that we cannot refund items if the return is initiated after 30 days of processing your Order. If you return an item to us after the 30 day period, we will return it back to you as it has surpassed the refund deadline. For credit card refunds, it may take up to 14 days for your credit card provider or bank to process the refund and for the refund to be reflected on your card statement.
LIABILITY
Save for death or personal injury arising out of our negligence or any liability which cannot be excluded by law, under no circumstances shall we, our affiliates, employees, directors, officers, agents or suppliers be liable 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 Website, 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. Nothing in these Terms is intended to impact any rights you or we may have under applicable law.
LANGUAGE
These Terms of Service are published in English.
ILLEGALITY
If any provision of these Terms of Service is held to be illegal or unenforceable, the remaining Terms of Service (or parts thereof) will not be affected and will remain in full force and effect.
NO IMPLIED WARRANTIES
Except as otherwise provided in these Terms of Service or required by applicable law, we make no promise, representation, covenant or warranty and offer no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of any of the products sold through the Website. Your use of any products purchased from the Website is at your sole risk and it is provided on an "as is" and "as available" basis.
DESCRIPTIONS
At the time of publication on our Website, all product descriptions are believed to be accurate. We also strive to represent the products on our Website as accurately as possible. However, we may be restricted by the descriptions of the products provided by the brands. Colours, sizes of the products, resolution of the images may vary. All measurements and weights provided are approximate.
PRODUCT LIABILITY
By placing an Order through our Website, you acknowledge and agree that the liability for the products rests with the manufacturer and that, to the extent permitted by applicable law, we carry no liability for the supply of those products save as described in the Returns section in relation to returning damaged products and refunding the price paid (where applicable). Customers are expected to reasonably inspect any items purchased from the Website upon receipt.
TITLE TO GOODS
Title to the items in your Order will pass to you when you pay us in full for those items. Risk in the items in your Order passes to you on delivery.