We welcome you to Shea Soul for Perfumes and Cosmetics Trading LLC website www.thesheasoul.com Please read this section carefully as it contains the legal terms and conditions that you agree to when you use this Site.
1.1 Company details.ٍ Shea Soul For Perfumes and Cosmetics Trading LLC which is located in Dubai,UAE under trade license 890828.
1.2 Contact us. To contact us via writing please address all correspondence to Wecare@thesheasoul.com
2. SITE CONTENT and Social Media Channels OWNERSHIP AND COPYRIGHT
2.1 All material and content used currently or previously on our site is the intellectual property of Shea Soul for Perfumes and Cosmetics Trading LLC, it is used with the express permission of the IP owner, or how is
authorized in another way permitted under the law. materials will include, but are not limited to: trademarks, content, photographs, images, illustrations, text, videos, and other materials.
2.2 Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to use our sites and applications for your personal,
non-commercial purposes only.
2.3 Should you use the material displayed within this site in a way not authorized by us, you may be in breach of intellectual property right laws. Should your use of any material be in breach of any permissions granted to you,
you will be subject to a claim for monetary losses and subject to injunctive proceedings to prevent your unauthorised use.
3. COPYRIGHT CLAIMS/DISPUTES
3.1 If you believe that any material on our sites or applications infringes your copyright, please send us a notification, under the Digital Millennium Copyright Act (“DMCA”), by e-mail to firstname.lastname@example.org. Please include the following, as required by the DMCA, failure to include such information ill make an DMCA
notification void and unenforceable:
a) Identify the copyrighted work(s) you claim is infringed.
b) Identify the material you claim is infringing the copyright(s) and provide enough information for us to reasonably locate that material.
c) Include a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
d) Include the Claimant’s name, address, and telephone number(s).
e) Include a statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
f) Include a statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
4. OUR CONTRACT WITH YOU
4.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
4.2 Entire agreement. These terms and conditions and any others referenced within will govern the commercial relationship between us. You acknowledge that you have not relied on any statement,promise or representation or assurance or warranty that is not set out in the Contract.
5. PLACING AN ORDER AND ITS ACCEPTANCE
5.1 Placing your order. Please follow the onscreen prompts to place an order, when you select an item to purchase, it will be allocated into your ‘Shopping Cart’, WHATSAPP BUSINESS MESSAGES AND INSTAGRAM DIRECT MESSAGES 5.2 Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
5.3 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
5.4 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted.
5.5 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
5.6 Shipping costs. Shipping costs are not included in the prices represented onsite. During the order confirmation process, shipping fees will be added or they will be mentioned by our reps in case you are making the order through our Social Media Channels.
(a) Fees within the UAE are charged at 30 AED.
(b) Fee external to the UAE will be determined based on location and are subject to change
(c) Fee for international orders will be added during the order confirmation process and it varies based on your location.
6. OUR GOODS
6.1 The images of the Goods on our site are for illustrative purposes only.
6.2 Although we have made every effort to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflects the color of the Goods. The color of your Goods may vary slightly from those images.
6.3 The packaging of your Goods may vary from that shown on images on our site.
6.4 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
6.5 We will ensure that our goods are compliant with the rules and regulations of all emirates to which we
7. DELIVERY, TRANSFER OF RISK AND TITLE
7.1 When you place your order with us and after processing, we aim to deliver your purchase within an estimated delivery time of:
(a) 1-5 business days for goods shipped within the UAE.
(b) 3 to 6 business days for goods shipped outside of UAE based on the destination.
7.2 You must note that the delivery times detailed within Clause 7.1(a) and (b) are estimates only and shipping may take longer. Where shipping has exceeded the estimated times detailed above, we ask for your patience. Where delivery has not been received after 4 business days longer than the maximum time detailed in Clause 7.1(a) and (b), please contact us and we will do our best to provide you with an update.
7.3 Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 12 (Events outside our control) for our responsibilities when this happens.
7.4 Delivery is complete once the Goods have been delivered to you. From that time, the Goods will be at your risk.
7.5 You own the Goods once we have received payment in full, including all applicable delivery charges.
7.6 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our
Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
8. INTERNATIONAL DELIVERY
8.1 We continue to provide an international delivery service. International delivery will be to all nations outside of the UAE.
8.2 International delivery fees will vary, depending on weight of order and the courier selected.
8.3 When you place your order, and the destination of the delivery is an international destination, we aim to deliver your purchase within 3 to 6 business days.
8.4 Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 12 (Events outside our control) for our responsibilities when this happens.
8.5 If you order goods from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.
Please note that we have no control over these charges, and we cannot predict their amount.
8.6 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.7 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
9. PRICE OF GOODS AND DELIVERY CHARGES
9.1 The prices of the Goods will be as quoted on our site at the time you submit your order.
9.2 Prices for our Goods may change from time to time with no prior notice, but changes will not affect any
order you have already placed.
9.3 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you
during the check-out process, before you confirm your order.
10. HOW TO PAY
10.1 You can only pay for Goods using all major debit card or credit card or in cash upon delivery
10.3 Payment for the Goods and all applicable delivery charges is in advance.
11. OUR LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
11.1 We only supply the goods for internal use by your business, and you agree not to use the Goods for any resale purposes.
11.2 Nothing in these Terms limits or excludes our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any other liability that cannot be limited or excluded by law.
11.3 We will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
a) any loss of profits, sales, business, or revenue; or
b) loss or corruption of data, information or software; or
c) loss of business opportunity; or
d) loss of goodwill; or
e) any indirect or consequential loss.
11.4 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods.
11.5 Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the goods are suitable for your purposes
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
a) we will contact you as soon as reasonably possible to notify you;
13. COMMUNICATIONS BETWEEN US
13.1 When we refer to “in writing” in these Terms, this includes email.
13.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by priority mail or email.
13.3 A notice or other communication is deemed to have been received:
a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
b) if sent by priority mail or any other next working day delivery service, at 9.00 am on the second working day after posting; or
c) If sent by email, at 9.00 am the next working day after transmission.
13.4 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 email, that such email was sent to the specified email address of the addressee.
13.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
13.6 Where our customers are based outside of the UAE, please take into consideration the time difference between the UAE and your home country. As a company, we work to local UAE time and thus responses may be different to your expectations.
14. ASSIGNMENT AND TRANSFER.
a) We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you by posting on this webpage if this happens.
b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
15.1 Any variation of the Contract will be fully enforceable by us. We reserve the right to vary our terms and conditions at any time.
16.1 If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations.
16.2 If we waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
17.1 Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18. THIRD PARTY RIGHTS
18.1 The Contract is between you and us. No other person has any rights to enforce any of its terms.
19. GOVERNING LAW AND JURISDICTION.
19.1 This Contract is governed by the commercial courts of the United Arab Emirates and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the UAE commercial courts.