Terms of Sale & Platform Terms of Use

www.wellplaid.ae and its associated mobile applications (collectively the “Platform”) are owned and operated by WellPlaid Trading Co. LLC, a limited liability company registered in Dubai, UAE with commercial license number 1073931 and its registered office at P.O. Box 417484, Dubai, UAE (the “Company”).

Please read these terms of sale (the “Terms of Sale”), and any other terms applicable to the use of the Platform, including the Platform Terms of Use (“Platform Terms”), and 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. Your continued use of the Platform constitutes your acceptance of the Terms.

When you place an order for products (“Products”) through our Platform (an “Order”), you are deemed to have consented to the latest version of the Terms then posted on our Platform. 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 Platform at the time your Order was placed will apply.

In these Terms, when we refer to “we”, “us” or “our”, we mean the Company; and when we refer to “you” or “your” we mean you, the person purchasing Products on the Platform.

Terms of Sale

1. Eligibility

1.1. We aim to make the Platform available to all our customers. However, to use the Platform, you must be at least 18 years of age, and able to lawfully: (i) make payments through one of our accepted payment methods as required; (ii) agree to these Terms; and (iii) enter into binding contracts with us.

2. Placing orders

2.1. When you place an Order with us, you commit to buy the Products described in that Order, at the price displayed for each Product on the Platform, 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 and/or a WhatsApp 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 your Product(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 obvious pricing errors, technical errors affecting the Platform or the ordering process, ineligibility, inability to process payment, suspected fraud, suspected violation of the prohibition on commercial use of our Platform, shipping restrictions or stock unavailability. You should check all of the information that you enter and correct any errors before placing an Order, as once your Order is placed, we will begin processing it immediately.

3. Stock availability

3.1. Items in your Platform shopping cart are not reserved until your Order is paid for in full and accepted by us. The Platform (or our Call Centre) may contain or provide information regarding the availability of a particular Product. The information provided on the Platform 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 the Platform. We cannot always guarantee that a Product which is displayed as in-stock on the Platform at the time you placed it in your shopping cart will be available at the time you place the Order or checkout. Should this happen, we will notify you and arrange for a full refund.

3.2. Product images, colours, dimensions, sizing and descriptions displayed on the Platform are provided for illustrative purposes only. While we make reasonable efforts to ensure they are accurate, actual Products may vary slightly due to manufacturing processes, photography, lighting, screen settings or other factors.

4. Payment

4.1. The prices for the Products and any respective delivery charges are set out on the Platform and are inclusive of VAT.

4.2. We currently accept payments on our Platform in the form of Visa cards, Mastercards and American Express cards. All payments will be processed at the time you place your Order.

4.3. By entering your payment details on our Platform, you warrant and represent that you are duly authorised 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.

4.4. If your payment is not authorised with an invoice issued, then your Order will not be fulfilled.

5. Shipping and delivery

5.1. The costs of delivery will be as displayed to you on the Platform.

5.2. Orders will be processed and dispatched as soon as reasonably practicable following successful payment verification and confirmation of Product availability.

5.3. Delivery will be carried out by our nominated logistics partner to the delivery address provided by you when placing your Order. Delivery times are estimates only and may vary depending on your location, courier availability and other factors beyond our reasonable control.

5.4. Risk in the Products shall pass to you upon delivery. Ownership of the Products shall remain with us until we have received payment in full for the relevant Order.

6. Cancellations

6.1. You may, at any time prior to your Order being marked as “Processed” on our online Order tracking system, contact us or use the Platform to cancel the Order. If you do so, we will cancel the Order free of charge and issue you with a full refund. If you cancel an Order after it has already been processed by us, we will cancel the Order and issue you with a refund less a handling fee.

6.2. We may, at our discretion, cancel your Order before delivery and issue you with a refund less any applicable handling or shipping charges where:

6.2.1. you are not reasonably contactable by our logistics partner to arrange or complete delivery;

6.2.2. delivery cannot be completed due to inaccurate or incomplete delivery information provided by you; or

6.2.3. delivery cannot be completed after three (3) unsuccessful delivery attempts.

7. Returns

7.1. Subject to these Terms of Sale, you may request the return of Products by submitting a return request through the Platform within seven (7) days of delivery.

7.2. To be accepted by us and qualify for a refund, all Products must be returned to us:

7.2.1. unaltered, unused and in their original condition (or the condition in which they were received by you from us or our agents);

7.2.2. in their original packaging / box / dustcover and with all brand and product labels / tags / instructions still attached;

7.2.3. accompanied by the original Order confirmation.

7.3. All return requests must be submitted through the Platform. Once your return request has been approved, our nominated logistics partner will arrange collection of the Products from your nominated address. A return collection fee may apply and, where applicable, will be deducted from your refund.

7.4. Unless otherwise stated on the Platform, Products may be returned individually in accordance with these Terms of Sale.

8. Refund process

8.1. All items returned to us will be inspected. If we are satisfied with the condition of the items returned, we will process the return and notify you once a refund has been issued with the value of the refund.

8.2. Refunds will be made to the original payment method used for the purchase unless otherwise required by Applicable Laws.

9. Liability

9.1. 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 Platform, 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.

10. Force majeure

10.1. We shall not be liable for any delay or failure to perform our obligations under these Terms where such delay or failure results from events beyond our reasonable control, including acts of God, natural disasters, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, governmental action, labour disputes, interruption of utilities, telecommunications failures, transportation delays, supplier failures or any other event beyond our reasonable control.

11. Language

11.1. These Terms of Sale are published in English and Arabic.

12. Illegality

12.1. If any provision of these Terms of Sale is held to be illegal or unenforceable, the remaining Terms of Sale (or parts thereof) will not be affected and will remain in full force and effect.

13. No implied warranties

13.1. Except as otherwise provided in these Terms of Sale 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 Platform. Your use of any products purchased from the Platform is at your sole risk and it is provided on an “as is” and “as available” basis.

14. Changes

14.1. We may make changes to these Terms of Sale from time to time but the Terms applicable at the time of your Order will apply to that Order. Please check these Terms of Sale regularly to ensure that you understand the Terms that apply at the time that you access the Platform to order Products.

Platform Terms of Use

15. Registration and account handling

15.1. To use our Platform, you will need to create an account and register your details with us. It is your ongoing responsibility to make sure that any personal and payment details you provide to us are valid, accurate and complete. You can update your details by contacting us at our Call Centre on our UAE toll free number 800-433259 or by updating them in your profile on the Platform.

15.2. You must keep your account details and password information confidential and secure. It is your responsibility to protect the privacy and safety of your account, for restricting access to your devices, and you agree to accept responsibility for all activities that are carried out through your account or password. Our customer service agents will never ask you for your password. We are not responsible for any loss suffered through misuse or negligent handling of those details.

15.3. You should notify us as soon as possible if you believe your account has been compromised. By registering or placing an Order through our Platform, you warrant that you meet the eligibility criteria and that the information you provide us is yours and is accurate in all respects. Commercial entities are not eligible to register with us. We reserve the right to suspend or delete your account if we reasonably believe that you have violated any of these Terms.

16. Privacy

16.1. Please refer to our Privacy Policy for details on how we protect your privacy and handle your data.

17. Electronic communication

17.1. When you create an account on our Platform or subscribe to our services, you consent to receiving emails, SMS, WhatsApp messages, mobile push notifications, and other forms of electronic communications from us in order for us to supply those services to you. We may sometimes send you offers or marketing communications. If you no longer wish to receive marketing communications, you can call our Call Centre or email us at support@wellplaid.ae.

18. Third party sites

18.1. Our Platform may include hyperlinks to other websites or resources operated by third parties. We are not responsible for the content or accuracy of any pages that are not on our Platform or their availability. We do not endorse and are not liable, directly or indirectly, for the privacy policies of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

19. Content

19.1. In addition to the Intellectual Property Rights mentioned below, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text available on this Platform. We have made every effort to ensure that the information on the Platform is accurate and complete but we cannot promise that the Content is error-free. We also do not promise that the functional aspects of the Platform or Content will be error free or that this Platform or the servers that make them available are free of viruses or other harmful components. We always recommend that you have up to date virus checking software installed. We reserve the right to refuse service, terminate accounts, remove or edit content, withdraw any products or items from our Platform, or make any other changes to our Platform at our own discretion. We may implement updates to the Platform at any time and without notice to you.

20. Intellectual property rights

20.1. Your use of the Platform and its contents does not grant you any copyright, design, trademark or other intellectual property rights relating to the Content, including our software, HTML or other code contained in the Platform. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Platform is typically protected by national and international intellectual property laws and treaties. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, linking, commercially exploiting, copying and use of the above listed materials on any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use. No right, title or interest in any downloaded Content is transferred to you as a result of such downloading or copying. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with our Platform, whether in whole or in part.

21. Indemnity

21.1. You agree to defend, indemnify and hold us, our directors, agents, affiliates, licensors and suppliers harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Platform and/or any acts or omission in breach of any provision of these Terms.

22. No waiver

22.1. Any failure to exercise or any delay by either party in exercising its rights or remedies under these Terms shall not be construed as a waiver thereof. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law.

23. Entire agreement

23.1. You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Platform and any purchase by you of any items through the Platform, and supersede and govern all prior proposals, agreements, or other communications.

24. Disputes and governing law

24.1. These Terms are governed by the federal laws of the United Arab Emirates and the laws of the Emirate of Dubai and all disputes arising out of or in connection with these Terms are subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.