Terms of Use and Service
Overview
This website is managed by Dyara Fashion, which is operated by Nextfin Advisory BV. On this website, the terms ‘we’, “us” and ‘our’ refer to Dyara Fashion. Dyara Fashion offers you, the user, this website, including all information, tools and services available on this website, on the condition that you accept all terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing products from us, you are using our ‘service’ and agree to the following terms and conditions (‘Terms of Use’, ‘Terms’), including the additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms of Use apply to all users of the website, including, but not limited to, users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools added to the current shop shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our shop is hosted by Shopify Inc. Shopify Inc. provides us with the online e-commerce platform that allows us to offer our products and services to you.
Article 1 – Online shop terms and conditions
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your country of residence and that you have given us your consent to allow any of your minor dependents to use this site.
You may not transmit any worms, viruses or other codes with destructive effects.
Any violation of any of the terms and conditions will result in the immediate termination of your services.
Article 2 – General Terms and Conditions
We reserve the right to refuse service at any time and for any reason.
You acknowledge that your content (excluding credit card information) may be transmitted unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Delivery is made by the carrier free kerbside. Credit card information is encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are for convenience only and do not limit or otherwise affect these terms and conditions.
Article 3 – Accuracy, completeness and timeliness of information
We accept no responsibility for the accuracy, completeness or timeliness of the information provided on this website. The contents of this website are for general information only and should not be relied upon as the sole basis for making decisions without first consulting primary, more accurate, more complete or more timely sources of information. Reliance on the contents of this website is at your own risk.
This website may contain certain historical information. Historical information is necessarily not current and is provided for your information only. We reserve the right to change the content of this website at any time, but we are under no obligation to update the information on our website. You agree that it is your responsibility to monitor changes to our website.
Article 4 – Changes to the Service and Prices
The prices of our products are subject to change without prior notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without prior notice.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
Article 5 – Products and Services (if applicable)
Certain products may be available exclusively online through the website. These products may have limited quantities and may only be returned or exchanged in accordance with our Return & Refund Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in the shop. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the quantities of any products that we offer. Delivery is carried out by the carrier to curbside. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this website is void where prohibited by law.
Article 6 – Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed using the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we modify or cancel an order, we will attempt to notify you using the email address and/or billing address/telephone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and their expiry dates, so that we can complete your transactions and contact you as necessary.
For more information, please see our Return & Refund Policy.
Article 7 – Optional Tools
We may provide you with access to third-party tools over which we have no control or influence and which we do not monitor.
You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions and without any endorsement.
We shall have no liability whatsoever arising from or in connection with your use of optional third-party tools.
Your use of optional tools offered through the website is entirely at your own risk and discretion. You should familiarise yourself with and accept the terms and conditions under which the tools are provided by the respective third-party providers.
We may also offer new services and/or features through the website in the future (including the release of new tools and resources). These new features and/or services shall also be subject to these Terms of Use and Service .
Article 8 – Links to Third Parties
Certain content, products and services available via our service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy of any third-party websites or materials and do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Article 9 – Comments, Feedback, and Other User Submissions
If, at our request, you submit certain submissions (e.g., competition entries) or, without our request, you send us creative ideas, suggestions, plans, or other materials online, by email, post or otherwise (collectively, ‘Comments’), you agree that we may edit, copy, publish, distribute, translate and otherwise use the Comments you submit to us in any medium at any time and without restriction. We are and remain under no obligation to (1) treat comments as confidential, (2) pay compensation for comments, or (3) respond to comments.
We have the right, but not the obligation, to monitor, edit or remove any content that we deem, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that infringes any party's intellectual property or these Terms of Use and Service.
You agree that your comments will not violate any third party rights, including copyrights, trademarks, privacy rights, personality rights or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene content, and will not contain any computer viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any comments.
You are solely responsible for your comments and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Article 10 – Personal data
The transmission of your personal data via the shop is subject to our privacy policy. You can find this here.
Article 11 – Errors, inaccuracies and omissions
Occasionally, information on our website or within the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, modify or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Article 12 – Prohibited Uses
In addition to other prohibitions set forth in the Terms of Use, you are prohibited from using the website or its content:
(a) for any unlawful purpose;
(b) to solicit or participate in illegal activities;
(c) to violate international laws; (
d) to infringe or disregard our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against others on the basis of their gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
(f) to transmit false or misleading information;
(g) to upload or transmit viruses or other types of malicious code that are or may be used in a manner that impairs the functionality or operation of the Service or any related website, other websites or the Internet;
(h) to collect or track the personal data of others;
(i) to engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping;
(j) for obscene or immoral purposes; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Article 13 – Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may discontinue the Service at any time indefinitely or terminate it at any time without notice.
You expressly agree that your use or non-use of the Service is at your sole risk. The Service and any products and services made available to you through the Service are (except as expressly stated by us) provided 'as is' and ‘as available’ for your use, without any express or implied representations, warranties or conditions, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Dyara Fashion, our directors, officers, employees, affiliated companies, agents, contractors, interns, suppliers, service providers, or licensors be liable for injuries, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, data loss, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the services or any product obtained through the service, or for any other claims related in any way to your use of the service or any product, including but not limited to errors or omissions in content or any losses or damages of any kind incurred as a result of the use of the service or any content (or products) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Article 14 – Indemnification
You agree to indemnify, defend, and hold harmless Dyara Fashion and our parent company, subsidiaries, affiliated companies, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Article 15 – Severability Clause
If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use, and such determination shall not affect the validity and enforceability of any remaining provisions.
Article 16 – Termination
Any obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use remain in effect unless and until terminated by you or by us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services, or by ceasing to use our website.
If, in our sole judgment, you fail to comply with any term or provision of these Terms of Use, or if we suspect that you have failed to comply with any term or provision, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may accordingly deny you access to our services (or any part thereof).
Article 17 – Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this website or in respect to the service constitute the entire agreement and understanding between you and us and govern your use of the service. They replace all previous or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including but not limited to previous versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
Article 18 – Governing Law
These Terms of Use and any separate agreements under which we provide you services shall be governed by and interpreted in accordance with the laws of United Kingdom.
Article 19 – Changes to the Terms of Use
You can view the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
Certain products may be available exclusively online through the website. These products may be available only in limited quantities and may be returned or exchanged only in accordance with our Return & Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right to limit the quantities of any products we offer. All product descriptions or product pricing may be changed at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product on this website is void where prohibited by law.
Article 20 – Scope and Contracting Party
This website is operated by Dyara Fashion. The terms “we”, “us” and “our” in these Terms refer to Dyara Fashion.
These Terms of Use govern the relationship between Dyara Fashion and you as a customer or user. By using our website and purchasing products, you agree to these Terms.
Article 21 – Conclusion of Contract
The presentation of products on our website does not constitute a legally binding offer, but rather a non-binding invitation to submit an order.
You submit a binding offer by fully completing the order process and clicking the “Buy” button.
The contract is only concluded when we accept your order by sending a shipping confirmation by email.
Article 22 – Prices and Payment
All prices indicated on the website are in GBP (Great Britain Ponds) and include any applicable sales tax where required by law, unless otherwise stated.
Shipping costs are always shown separately.
Article 23 – Delivery and Shipping
Shipping is carried out directly from our supplier, which may be located outside the United Kingdom (for example, in China).
Due to international shipping, delivery times may be longer than for domestic shipping.
The customer is solely responsible for any applicable customs duties, import taxes, fees or handling charges that may be incurred.
Article 24 – Warranty
Statutory warranty provisions apply to the extent required by applicable U.K. law.
In the event of defects, customers are entitled to re-performance (repair or replacement) and, if the legal requirements are met, to rescission of the contract or reduction of the purchase price.
Article 25 – Copyright
All content on this website, including texts, images, graphics, logos, designs and other materials, is protected by copyright.
Any use, reproduction or distribution outside this website is only permitted with our express written consent.
Article 26 – Contact
If you have any questions regarding these Terms of Use or our products, please contact us at: support@dyarafashion.com
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CONTACT INFORMATION:
Store name: Dyara Fashion
Company name: Nextfin Advisory BV
Company address:
Strijdersstraat 8/5,
2650 Edegem (Antwerp)
Belgium
Company nr.: 0720.691.786
Email: support@dyarafashion.com
Customer service:
Monday to Friday: 9:00 to 17:00 GMT
We strive to respond within 24 hours.