Please read these Terms of Sale carefully before placing an order with Us. These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods are sold by Us to consumers through this website, www.thefittingroom.com or its equivalent version on Android, iOS or other operating system, kernel or software environment that we make available to you or the public from time to time (“Our Site”).
These Terms of Sale explain who We are, how Goods will be provided to you by Vendors, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.
These Terms of Sale were last updated on 25 January 2023.
You will be required to read and accept these Terms of Sale when ordering Goods from Vendors. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our site. These Terms of Sale, as well as all Contracts, are in the English language only.
The following documents may also apply to your use of Our Site:
-
-
-
Our Terms of Use, available at www.thefittingroom.com/terms-conditions, apply to your use of Our Site. These terms are also referred to below in Parts 3 and 4.
-
Our Privacy Policy, available at www.thefittingroom.com/privacy-policy. This is also referred to below in Part 22.
-
Our Cookie Policy, available at www.thefittingroom.com/cookie-policy. This is also referred to below in Part 22.
-
Our Acceptable Usage Policy, available at www.thefittingroom.com/acceptable-usage-policy. This is also referred to below in Part 3.
-
-
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
|
“Contract” |
means a contract for the purchase and sale of Goods, as explained in Part 10; |
|
“Contact Tools” |
means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and emails; |
|
“Goods” |
means any goods or services offered for sale or sold by a Vendor to You through Our Site; |
|
“Order” |
means your order for Goods; |
|
“Order Confirmation” |
means the Vendor’s acceptance and confirmation of your Order; |
|
“Order Number” |
means the reference number for your Order; |
|
“Vendor” |
means a third-party seller (that is not Us) offering for sale any Goods to You on Our Platform; and |
|
“We/Us/Our” |
means The Fitting Room FZ LLC , a company incorporated under the laws of Dubai Development City under commercial license no. 97173 whose registered OFFICE NO. A208 2ND FLOOR DESIGN BLDG 06, DUBAI DESIGN DISTRICT, Dubai, United Arab Emirates |
1.2 Unless the context otherwise requires, each reference in these Terms of Sale to:
1.2.1 “writing”, and any similar term, includes a reference to any communication affected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale.
2. Information About Us
2.1 Our Site is operated by The Fitting Room FZ LLC , a company incorporated under the laws of Dubai Development City under commercial license no. 97173 whose registered OFFICE NO. A208 2ND FLOOR DESIGN BLDG 06, DUBAI DESIGN DISTRICT, Dubai, United Arab Emirates
2.2 Our VAT number is 100509374300003.
2.3 We are regulated by the Dubai Development Authority.
3. How to Contact Us
3.1 To contact Us with general questions or complaints by email, please email Us at info@thefittingroom.com, to contact Us by telephone, please call us on +97145852172.
3.2 To contact Us about the Goods or your Order by email, please email us at info@thefittingroom.com, to contact Us by telephone, please call us on +97145852172.
3.3 To contact Us about cancellations by email, please email us at info@thefittingroom.com, to contact Us by telephone, please call us on+97145852172.
3.4 We provide the following Contact Tools for you to contact Us:
-
-
-
-
Email: info@thefittingroom.com
-
Phone: +97145852172
-
-
-
3.5 Use of Our Contact Tools is subject to Part 3 of Our Terms of Use, available at www.thefittingroom.com/terms-conditions and Our Acceptable Usage Policy, available at www.thefittingroom.com/acceptable-usage-policy.
4. Access to Our Site and Use of Our Site
4.1 Access to Our Site is free of charge.
4.2 It is your responsibility to make the arrangements necessary in order to access Our Site.
4.3 Use of Our Site is subject to Our Website Terms of Use, available at www.thefittingroom.com/terms-conditions. Please ensure that you have read them carefully, that you understand them, and that you agree to them.
5. Changes to these Terms of Sale
5.1 We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If We do so, details will be highlighted at the top of this page. If the changes are likely to affect your Order, We will inform you in advance by email and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.
5.2 If any part of the current version of these Terms of Sale conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
6. Business Customers
These Terms of Sale do not apply to customers purchasing Goods in the course of business.
7. International Customers
Please note that We and/or our Vendors deliver globally.
8. Goods, Descriptions, and Changes
8.1 We make all reasonable efforts to request our Vendors to ensure that all descriptions and images of Goods available from the Vendors on Our Site match the actual Goods. Please note:
-
-
-
-
Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions;
-
Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary.
-
-
-
8.2 Please note that we are not liable for mistakes due to the Vendors negligence. It refers only to minor variations in the correct Goods, not to different Goods. If you receive Goods that are not as described, please refer to Part 14.
8.3 Minor changes may be made to certain Goods by the Vendors from time to time. This may happen between you placing your Order and the Goods being dispatched.
8.4 As explained in the descriptions of the Goods, more significant changes may also be made by the Vendors to the Goods from time to time. If We make such changes, We will inform you and you may contact Us to end the Contract before the changes are made. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.
9. Pricing
9.1 We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. Changes in price will not affect any Order that you have already placed. Please note, however, that changes in VAT will, as explained below in Part 9.2.
9.2 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and the Vendor taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
9.3 All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing.
If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.
If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within two weeks, we will treat your Order as cancelled and inform you of the cancellation in writing.
9.4 If We mistakenly accept and process an Order where an obvious and unmistakable pricing error has been made, which you could have reasonably recognised as mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Goods to Us.
9.5 Delivery charges are not included in the price of Goods shown on Our Site. Delivery options and related charges will be presented to you as part of the order process.
10. Orders and How Contracts Are Formed
10.1 Our Site will guide you through the ordering process between you and the Vendor. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it.
10.2 If you provide the Vendor with incorrect or incomplete information during the order process, please contact the Vendor as soon as possible. Where any information is required, it will be stated on Our Site, either in the product descriptions or during the order process, as applicable.
If the Vendor cannot process your Order due to incorrect or incomplete information, the Vendor will contact you to ask you to correct it or provide the missing information required for the Vendor to supply the Goods to you.
If you do not provide the required information within a reasonable period of the Vendor asking for it, or if the information is inaccurate or incomplete, We/the Vendor may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result.
Neither We nor the Vendor will not be responsible for the Vendor supplying the affected Goods late or for not supplying the affected Goods if this is due to you not providing the Vendor with the required information within a reasonable period of Us asking for it.
10.3 No part of Our Site constitutes a contractual offer by Us capable of acceptance.
Your Order constitutes a contractual offer. The Vendor’s acceptance of that offer is indicated by the Vendor sending you an Order Confirmation by email through our Platform or otherwise directly to your registered contact information.
Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods.
10.4 Order Confirmations contain the following information:
-
-
-
-
Your Order Number;
-
Confirmation of the Goods ordered including full details of their main characteristics;
-
Fully itemised pricing for the Goods ordered and where appropriate, taxes, delivery, and other additional charges;
-
Estimated delivery date(s) 2-3 days for Ready-To-Wear and 2 weeks for Bespoke or as mentioned in Vendor’s profile.
-
-
-
10.5 The Vendor will also include a paper copy of your Order Confirmation with your Goods.
10.6 Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.
10.7 In the unlikely event that the Vendor cannot accept your Order, The Vendor will inform you in writing and explain why. No payment will be taken under normal circumstances. If The Vendor has taken payment, any such sums will be refunded by the Vendor.
The Vendor may not accept your Order because the Goods are out of stock, because of unexpected limits on the Vendor’s resources that the Vendor could not have reasonably planned for, because the Vendor has identified a mistake in the description or price of the Goods, or because the Vendor is not able to meet a delivery deadline that you have set.
11. Payment
11.1 Payment for Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.
11.2 We accept the following methods of payment: COD, Visa Cards, Mastercards, Apple Pay, Google Pay, Tamara
11.3 If you believe that you have been charged an incorrect amount, please contact Us and the Vendor as soon as possible to let Us know.
12. When You Own the Goods
Ownership of the Goods passes to you once the Vendor has received payment in full of all sums due.
13. Delivery
13.1 All Goods purchased through Our Site will normally be delivered by the Vendor within 2-3 business days or whatever the Vendor states on their profile, after the date of the Vendor’s Order Confirmation unless otherwise agreed or specified during the ordering process.
13.2 We will not be responsible for any delays however caused. If delivery is delayed for any reason, the Vendor may inform you as soon as possible and will take steps to minimise the impact of the delay.
13.3 If there is a risk of a substantial delay to delivery, you may contact Us on info@thefittingroom.com and we will look into the matter on a case-by-case basis and inform you within a reasonable time of Our decision on how this matter will be handled .
13.4 If you (or someone on your behalf) are not available at your address to take delivery of the Goods and they cannot be posted through your letterbox, the Vendor will leave a note informing you of how to arrange for redelivery or of where to collect the Goods.
13.5 If you do not arrange to have the Goods re-delivered or do not collect them, the Vendor will contact you to ask for further instructions.
The Vendor may charge you for storage and for further delivery costs. If, despite the Vendor’s reasonable efforts, the Vendor cannot contact you or cannot arrange for re-delivery or collection of the Goods, the Vendor may end the Contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by Us or the Vendor as a result.
13.6 In the unlikely event that the Vendor does not deliver the Goods on time (within 2-3 business days of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:
-
-
-
-
The Vendor have refused to deliver the Goods
-
-
-
13.7 If you do not wish to cancel under Part 13.6, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If the Vendor fails to meet the new deadline, you may then treat the Contract as being at an end.
13.8 You may cancel all or part of your Order under Parts 13.6 or 13.7 provided that separating the Goods in your Order would not significantly reduce their value.
Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you.
If any cancelled Goods are delivered to you, you must return them to Us or arrange for their collection. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
13.9 Responsibility for the Goods passes to you once the Vendor has delivered the Goods to the address you have provided or once you (or a carrier organised by you, if applicable) collect the Goods from the Vendor.
13.10 As explained in Part 10.2, We will not be responsible for delivering Goods late or for not delivering Goods if this is due to you not providing the Vendor with required information within a reasonable period of Us / the Vendor asking for it.
14. Faulty, Damaged, or Incorrect Goods
14.1 This Part 14 provides a summary of your legal rights as a consumer. These rights may be subject to certain exceptions. Nothing in these Terms of Sale will affect your legal rights.
14.2 Please note that you will not be eligible to claim for a refund from Us or the Vendor if:
-
-
-
-
We/the Vendor informed you of the problem(s) with the Goods before you purchased them or you had the opportunity to examine them before purchase and the problem(s) should have been obvious to you; or
-
You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage; or
-
You have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to the Vendor and the problem(s) has/have resulted from your use of the Goods for that purpose; or
-
The problem(s) is/are the result of normal wear and tear; or
-
You have changed your mind (please refer to Part 16).
-
-
-
14.3 If there is a problem with the Goods, please contact Us using the details provided above in Part 3.
14.4 If you exercise your legal right to reject the Goods, you must return them to the Vendor.
14.5 To return Goods to the Vendor for any reason under this Part 14, please post/courier them to the Vendor, arrange for their collection, or return them in person. We will not cover the costs of postage or collection. You must agree to this process with the Vendor. Please contact Us using the details provided above in Part 3 for more information.
15. Your Rights to Cancel and End the Contract
If the Goods are faulty or misdescribed, you may have a legal right to end the Contract, to have the Goods repaired or replaced, or to get a full or partial refund from the Vendor. Please refer to Part 14, above, for more information.
16. Cancelling and Ending the Contract if You Change Your Mind
16.1 If you are a consumer, the Vendor’s terms of your Order may or may not give you the legal right to change your mind and end the Contract for any reason.
16.2 Please note that this right to cancel may not apply in the following circumstances:
-
-
-
-
If the Goods tags are removed or Goods are used;
-
If the Goods are sealed for health or hygiene reasons and you have unsealed them after receiving them;
-
If the Goods consist of sealed audio or video recordings or sealed computer software on physical media and you have unsealed them after receiving them;
-
If the Goods are likely to deteriorate quickly, for example, flowers or food;
-
If the Goods have been personalised or custom-made for you;
-
If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
-
-
-
17. Cancelling and Ending the Contract Because of Something We Have Done or Will Do
17.1 You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:
-
-
-
-
We have informed you about an upcoming change to these Terms of Sale that you do not agree to (see Part 5.1);
-
We have informed you about an upcoming change to the Goods that you do not agree to (see Part 8.4);
-
We have informed you about an error in the price or description of the Goods and you do not wish to proceed;
-
There is a risk that delivery of the Goods will be substantially delayed due to events outside of Our control (see Part 13.3);
-
You have a legal right to end the Contract because We have done something wrong (including where We have not delivered the Goods on time and the circumstances in Part 13.7 or 13.8 apply).
-
-
-
17.2 If you cancel and end the Contract for any of the reasons set out in this Part 17, the Contract will end immediately and you will receive a full refund for any Goods which have not yet been provided.
17.3 If you wish to end the Contract for this reason, you may inform Us on Our contact details. Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. Our contact details are provided above in Part 3.
18. Returning Goods After Cancelling and Ending the Contract
18.1 Subject to your right to partially cancel your Order under Part 13.9, if you cancel and end the Contract for any reason after Goods have been dispatched or delivered to you, you must return the Goods to Us or arrange for their collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
18.2 The Vendor will endeavour to cover the costs of returning the Goods to Us in the following circumstances:
-
-
-
-
The Goods are faulty or misdescribed;
-
You are cancelling and ending the Contract because the Vendor has made an error in the price or description;
-
You are cancelling and ending the Contract because you have a legal right to do so because the Vendor has done something wrong (including where the Vendor has not delivered the Goods on time and the circumstances in Part 13.7 or 13.8 apply).
-
-
-
18.3 In all other circumstances including where you are exercising your right to change your mind under the cooling-off period, you must cover the costs of returning the Goods to the Vendor.
19. Refunds
19.1 All refunds due to you will be made using the same method used by you when paying for the Goods. You will be refunded the price paid for the Goods and for delivery, subject to the following limitations and deductions: If you are exercising your right to change your mind under the cooling-off period, the Vendor may reduce your refund to reflect any reduction in the value of the Goods if that reduction has been caused by your handling of the Goods in a way that would not be permitted in a shop. If the Vendor issues the refund before inspecting the Goods and subsequently discovers that you have handled them in this way, the Vendor may charge you an appropriate sum.
19.2 All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, the Vendor will issue your refund within 30 business days of:
-
-
-
-
The day on which the Vendor receive the returned Goods;
-
The day on which you inform Us (supplying evidence) and the Vendor that you have sent the Goods back (if this is earlier);
-
If We have not yet provided an Order Confirmation or the Vendor has not yet dispatched the Goods, the day on which you inform Us that you wish to cancel and end the Contract.
-
-
-
20. Our Liability to Consumers
20.1 We will not be responsible for any foreseeable loss or damage that you may suffer as a result of the Vendor’s breach of these Terms of Sale (or the Contract) or as a result of the Vendor’s negligence. Loss or damage is foreseeable if it is an obvious consequence of the Vendor’s breach or negligence or if it is contemplated by you and the Vendor when the Contract is created. The Vendor will not be responsible for any loss or damage that is not foreseeable.
20.2 The Vendors only supply goods for domestic and private use by consumers. We/ the Vendors make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We/the Vendors will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
20.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or subcontractors); or for fraud or fraudulent misrepresentation.
21. Complaints and Feedback
We always welcome feedback from Our customers and, whilst We always use reasonable efforts to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint. To leave a feedback, contact us on info@thefittingroom.com
22. How We Use Your Personal Information
We will only use your personal information as set out in Our Privacy Policy, available from www.thefittingroom.com/privacy-policy and Our Cookie Policy, available from www.thefittingroom.com/cookie-policy.
23. What Happens if We Transfer this Agreement to Another Party
We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
24. Other Important Terms
24.1 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission..
24.2 The Contract is between you and the Vendor. Except for Us, it is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
24.3 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
24.4 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
25. Law and Jurisdiction
25.1 These Terms of Sale, and the relationship between you, the Vendor and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre.
25.2 Any disputes arising out of or in connection with these Terms of Sale, the relationship between you, the Vendor and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre.