The www.wearthat.me website (the “Website”) is operated by Allied Enterprises L.L.C, trading as Wear That, a limited liability company duly organized under the laws of the United Arab Emirates, under the Commercial License number 203385, whose registered address is at P.O. Box 30069, Dubai, United Arab Emirates and whose paid up share capital is 200,000,000.00 United Emirates Arabic Dirhams (“Wear That”, “us”, “we”, “our”).
By visiting the Website you agree to be bound by, consent to comply with, and consent to the practices described in, these Terms and Conditions, which govern your access and use of the Website and all content and functionalities available on the Website (or any of our other websites and related micro-sites accessed through the URL www.wearthat.me and related domain names) (the “Services”).
We grant you a non-transferable and revocable personal license to use the software that is provided to you by us as part of the Website, for the sole purpose of enabling you to use and enjoy the benefit of our Services, as provided by Wear That in the manner permitted by the Terms and Conditions. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in writing in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you, and without prejudice to any other rights of Wear That.
TYPES OF USERS
You may simply browse the Site or App as a visitor or you may create an account (“Account”) to become a client (“Client”). You must be a Client to order Boxes and purchase Products.
To become a Client, you must provide your name, email address, other registration information, and select a password (“Account Information”), which you should not share with any third parties. Alternatively, you can create an Account and become a Client using your valid social networking service (“SNS”) account, by entering your SNS credentials and connecting to the Services.
In becoming a Client, you represent and warrant that:
(a) all required Account Information you submit is truthful and accurate, and
(b) you will maintain the accuracy of such Account Information.
We will also ask you for additional information about you, including your size, fit, and style preferences in order to establish your style profile (“Style Profile”). In order for the Services work best for you, please keep your Style Profile up to date. Please also keep your Account Information confidential. If someone accesses our Services using your Account Information, we will rely on that Account Information and will assume that it is really you or someone you have authorized who is accessing the Services. You are solely responsible for any and all use of your Account Information and all activities (including orders placed through the Services) that occur under or in connection with your Account. We reserve the right to take whatever action we deem necessary to preserve the security of the Services and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Services under your Account. You may not use anyone else’s Account at any time without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity.
You must be at least 18 years old to be a Client. If we later discover or suspect that a person under 18 years old has requested a box, we reserve the right to take steps to cancel that request.
SHIPMENTS, RETURNS, AND EXCHANGES
Wear That Shipments. When you sign up for a box, we will send you some Products chosen by Wear That, at our discretion. Available ship dates are determined at our discretion and may vary based on a variety of factors, including without limitation inventory, geography, and automatic shipping preference. You may also be able to select particular items to be included in your box. You will be able to try them on to see what you like. You can decide to keep all, some, or none of the Products in the shipment, and we will charge you for the items you keep as described in the Styling Fee and Payment section (below).
Direct Purchases. You may be able to select Products to be delivered separately from a Box. Such purchases shall be referred to herein as “Direct Purchases.” To place an order for a Direct Purchase, you will be required to follow the purchase process on the Services to submit the order, which we may accept by shipping you the Products.
Data Check. When you send us a request for a Box, our payment processing provider or a third party service provider may attempt to verify your address and check for potential fraud.
You may change the scheduled date for your Box if you give us at least five (5) days’ notice before it is due to ship.
As explained in the Styling Fee and Payment section, you are responsible for:
Sending Back Products During the Try-On Period. If you want to send back any of the Products in your Box, simply place them in the return package we provide and mail them back to us at no cost to you. Any Products sent back must be postmarked no later than three (3) days after you receive the package (the “Try-On Period”) and must be unworn and in the original condition. You will retain title to the Products and risk of loss of the Products will remain with you until we receive the Products and we determine that the Products were returned unworn and in their original condition with all tags in place, at which point you will be deemed to have rejected the Products and title will return to us. We will assume that you have chosen to keep any Products in the Box that you do not postmark back to us by the end of the Try-On Period, and we will charge your Account for those Products any time after the end of the Try-On Period. Any exceptions permitting a return postmarked later than the end of the Try-On Period must be requested in a timely manner and may be granted at the sole discretion of Wear That.
Purchased Item Returns. If you want to return any Products you’ve previously purchased, please consult our returns policy here:
Box Exchanges. If you want to exchange any of the Products in your Box (e.g., for a different size), you can request an exchange by accessing your Account and proceeding through the request section firstname.lastname@example.org. If an exchange is available for a particular Product, you will be given the choice to exchange. An exchange may not be available in all cases. If you elect to receive an exchange, return the original Product in the prepaid return package by the end of the Try-On Period. The exchange Product will be sent separately to you. If you fail to return the original Product by the end of the Try-On Period or if the original Product is damaged or shows signs of wear, Wear That may charge you for both the original Product and the exchange Product. If you receive the exchange Product and wish to return it, you can send it back in the pre-paid return package within three (3) days of your receipt of the exchange Product.
Direct Purchase Exchanges. Unfortunately, we cannot guarantee that you will be able to exchange or replace any item. If you want to exchange any item not received in a Box please contact us and we will look into the availability of a new product.
Legal Details. Your scheduling of a Box or Direct Purchase is an offer to purchase the Products. We may accept your offer by processing your Styling Fee payment and shipping you the Box, or by shipping the Direct Purchase. For any reason, we may decline to accept your request for a Box. If we decline to accept your request for a Box, we may will notify you at the email address you provided. All Products will be deemed accepted by you upon shipment, and title to and risk of loss passes to you when we provide the Products to a common carrier. Excluding any User Content, we strive to ensure that the information on the Services is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. Products displayed may be out of stock or discontinued, and prices are subject to change. We reserve the right to limit quantities purchased by Clients. We do not guarantee that all Products described on our Services will be available. In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase Products, we may place limits on purchases, and we do not authorize the purchase of commercial quantities of our Products. We further reserve the right to cease doing business with customers who violate this policy.
STYLING FEE AND PAYMENT
Prior to shipping you a Box, we will charge you a non-refundable “Styling Fee” in the amount set forth on the Services of AED 150. The Styling Fee will be charged to your credit card or other payment method between the time the order is placed and the time we ship your Box. Within three (3) days of receiving your box, we request that you send back any Products you don’t want. If you choose to keep three or more products from your Box, the Styling Fee will be credited towards the purchase price of those Products. If you decide not to keep between 0-3 items, the styling fee is not refunded. You may pay for any Products from your box via credit card or other payment method then available on the Services. By submitting your payment information to us, you authorize us to charge your credit card or other payment method then available in accordance with these Terms.
If you receive boxes automatically, you agree that we may charge the Styling Fee to the card or other payment method on file on a recurring basis according to the frequency you selected until you cancel automatic boxes by
(i) clicking the “Manage automatic Boxes” link on your Account homepage when you log in, choosing to stop receiving automatic boxes, and following the prompts and options that follow or
(ii) by emailing us at email@example.com, from the email address currently associated with your account, stating that you want to stop receiving automatic boxes.
You may cancel an upcoming box by accessing your Account and cancelling the box at any time at least Five (5) days before the box is due to ship. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make orders on the Services; however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.
PRICING AND PRODUCTS FOR BOXES
Other than for Direct Purchases, WeaWearthat.com makes efforts to follow the style and price preferences you express in your Style Profile, we do not guarantee that every item in your Box will meet those preferences. You are responsible for paying for all Products in your box, whether they conform to your Style Profile or not, unless you return the Products in accordance with our policies. You are responsible for the payment of any Styling Fees, and state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes. If we don’t collect the applicable sales tax, you are responsible for payment of the applicable use taxes. Wear That may provide certain promotions or credits to customers. Depending on the type of promotion or credit offered, it may reduce the amount of state and local sales taxes that apply to your order. The application of the promotion or credit will be reflected on your receipt. There will be 5% VAT charged on shipping and COD rates for UAE and KSA
You may purchase Wearthat.com gift cards through firstname.lastname@example.org. Wear That Gift Cards can be redeemed solely through our Services for Products or Styling Fees. Wear That Gift Cards cannot be redeemed for cash except where required by law. The minimum gift voucher is AED 700, the customer can select the amount they wish to spend from AED 700 and upwards. For balance information, or to replace the remaining value on a damaged card, contact: email@example.com.Wear That Gift Cards require no maintenance, activation, or other fees. Risk of loss and title for Wear That Gift Cards pass to the purchaser upon electronic transmission to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Wear That is not responsible for lost or stolen Gift Cards, or for use without your or the recipient’s permission. Wear That reserves the right to close accounts or request alternative forms of payment if a Wear That Gift Card is fraudulently obtained or used. For full terms and conditions for gift cards.
All copyright, trademarks, trade names, trade dress, designs, the “look and feel” of the Website, other intellectual property and material, rights on and relating to the Website including software and all HTML and other code contained in the Website, page headers, images, texts, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads and video clips (collectively, the “IP”) are and shall at all times remain vested in Wear That and/or are the property of their respective owners, and are protected by the United Arab Emirates and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on our Website for your personal, non-commercial use only as expressly authorized by Wear That and/or its third party licensors provided, however, that you (i) do not modify or alter the IP in any way; and (ii) do not provide or make available the IP to any third party in a commercial manner. You will not acquire any copyright, trademark or other proprietary rights whatsoever in the IP. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Website or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP or our Website. The IP may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the IP is strictly prohibited.
Wear That is the exclusive owner or licensee of the IP (as applicable) and is the exclusive licensee of the Wear That.com domain name.
Wear That provides no warranty as to the accuracy of the content on the Website, nor does it warrant that such content is error free or reliable or that your use of the content will not infringe the rights of third parties. Wear That does not warrant that the functional aspects of the Website or its content will be error free or that the Website, its content or the server that makes it available are free of viruses or other harmful components. If your use of the same results in any damage or the need for servicing or replacing property, material, equipment or data, Wear That is not responsible in any way for those costs. Wear That makes no warranty regarding the Website’s content, software, text, downloads, graphics or links, or any results from using the Website and you bear the entire risk of the completeness, accuracy or usefulness of any content on this Website. Wear That reserves the right to withdraw any content from the Website at any time and for any reason. Removal may be immediate and without notice. You confirm that Wear That is not liable to you or any third party for any such withdrawal.
We endeavor to provide an accurate description of the products on our Website and to display the colors of the products as accurately as possible. We cannot guarantee that your monitor’s display of any color will be accurate.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Wear That and we accept no responsibility for any such views expressed in any media.
GENERAL RULES OF USER CONDUCT
You agree not to (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; © constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.
RIGHT TO SUSPEND
Wear That reserves the right, in our discretion, to suspend your Account, your use of the Services or the sending of Boxes at any time at our discretion including, as necessary to protect the security or operation of the Services.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any Products and (b) promote the Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
MODIFICATIONS TO THE SITE OR SERVICES
We reserve the right to modify or discontinue the Services (including Boxes) with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Services.
THIRD PARTY CONTENT AND OTHER WEBSITES
DISCLAIMER OF WARRANTIES
The Services and all content, products and services included on or otherwise made available to you through the Services are provided by Wear That “with all faults” and on an “as is” and “as available” basis, unless otherwise specified in writing. Wear That makes no representations or warranties of any kind, whether expressed or implied, as to the operation of the Services or any content, products or services included on, or otherwise made available to you through the Services, unless otherwise specified in writing, including without limitation any warranties of merchantability, fitness for a particular use or purpose, non-infringement, quiet enjoyment, and accuracy. You expressly agree that your use of the Services and products purchased through the services is at your sole risk.
LIMITATION OF LIABILITY
You acknowledge and agree that we are only willing to collect payment, facilitate the fulfillment of orders, and provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the products or for any information appearing on any other site linked to our Services. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services.
Our total liability to you for all claims arising from or related to the Services is limited, in aggregate, to the greater of
(i) the total amount of your orders in the six (6) months prior to the date of the event giving rise to our liability, or
(ii) AED 300.
Some Local Laws do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including without limitation internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
You agree, at our request, to defend, indemnify, and hold harmless Wear That and its affiliates, including their officers, directors, agents, suppliers and licensors from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Website, any breach by you of these Terms and Conditions or the use by any other person accessing the Website using your Internet account. Wear That reserves the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you hereunder, and such right and indemnification will survive these Terms and Conditions and your use of the Website.
By buying products through our Website, you acknowledge and agree that Wear That carries no product liability save as described in the preceding paragraphs in relation to returning and exchanging the products or refunding/crediting the price paid, and that full liability for the products rests with the manufacturer. The terms of the manufacturer’s product liability are found in the product’s package or in the notice that accompanies the products.
You acknowledge that (i) it is technically impossible that the Website will be provided free of defaults and that Wear That cannot take any responsibility for this, (ii) that defaults may lead to the temporary unavailability of the Website, and that (iii) the operation of the Website may be adversely affected by conditions and performances outside Wear That control, such as, for example, transmission and telecommunication links between Wear That and you and between Wear That and other systems and networks.
Wear That may at any time, temporarily or permanently modify or interrupt, all or part of the Website in order to perform maintenance work and/or make improvements and/or changes to the Website. Wear That is not liable for any modification to or suspension or interruption of the Website.
Our website is provided by wear that on an “as is” and “as available” basis. wear that makes no representations or warranties of any kind, express or implied, as to the operation of our website or the information, content, materials, or products included on our website. to the full extent permissible by applicable law, wear that disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, reasonable care and skill or non-infringement. without limiting the foregoing, wear that disclaims any and all warranties, express or implied, for any merchandise offered on our website. you acknowledge, by your use of the website, that your use of our website is at your sole risk. this disclaimer does not apply to any product warranty offered by the manufacturer of the product. this disclaimer constitutes an essential part of these terms and conditions.
LIMITATION OF LIABILITY
Nothing in these Terms and Conditions is intended to affect your rights as a consumer under applicable laws and the laws of the United Arab Emirates.
The use of the Website or any of the Services or products available thereon is at your own risk, and unless otherwise stated in these Terms and Conditions, you assume full responsibility and risk of loss resulting from your use of the Website or any of the Services or products available thereon.
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall wear that or any of its affiliates, employees, directors, officers be liable to you or to any other person 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, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of wear that has been advised of or should have known of the possibility of such damages. subject to the foregoing, in no event will wear that be liable for any damages in excess of the amount paid by you towards the price of the product in respect to which the claim arose. you hereby release us from any and all obligations, liabilities and claims in excess of this limitation.
We reserve the right to modify these Terms and Conditions at any time without notice to you. Any modifications of these Terms and Conditions will be effective once published on our Website. Your continued use of the Website (or any of our other websites) following such change shall signify your agreement to be bound by the modified Terms and Conditions. Please read the Terms and Conditions and check back often. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the Website.
These Terms and Conditions constitute the whole legal agreement between you and Wear That and govern your use of the Website and all Services and products available thereon and completely replace any prior agreements between you and Wear That in relation to the same.
You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you and Wear That may stop providing the same (or any features within them) to you or to users.
You understand that Wear That grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials and Wear That reserves the right to revoke these exceptions either generally or in specific cases.
You understand that you are solely responsible for (and that Wear That has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which Wear That may suffer) of any such breach.
If Wear That does not exercise or enforce, or delays in its exercise or enforcement, of any legal right or remedy, this will not be taken to be a formal waiver of Wear That’s rights.
You and Wear That are independent contractors, and these Terms and Conditions, including but not limited to submission or distribution of Your Content, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and Wear That. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set out in the Terms and Conditions. Neither party shall advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liability or obligation on behalf of, or in the name of, the other party, unless specifically provided for in these Terms and Conditions.
If any of the provision of these Terms and Conditions is held to be illegal or unenforceable, the other terms of these Terms and Conditions shall not be affected and shall remain in full force and effect.
These Terms and Conditions are reproduced in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will prevail.
These Terms and Conditions are governed by the laws of the Emirate of Dubai, United Arab Emirates and all disputes arising hereunder are subject to the exclusive jurisdiction of the Dubai courts.
CONTACT US – CUSTOMER SERVICE
If you have any questions about the Terms and Conditions or any aspect of your order, please contact our Customer Service WhatsApp +971-564246307 by email at firstname.lastname@example.org every day from 10AM to 6PM (UAE TIME).