PLEASE READ THESE TERMS AND CONDITIONS (“T&Cs”)
CAREFULLY BEFORE USING THIS WEBSITE
1) What’s in these terms?
These T&Cs tell you the rules for using our Website(https://artfiesta-uae.com) and the purchase of goods from our Website.
2) Who we are and how to contact us
https://artfiesta-uae.com is a website (“Website”) owned and/or operated by ART FIESTA TRADING LLC (” We/Us/Our”). We are a branch of a limited liability company incorporated under the laws of the Emirate of Dubai, with company registration number (1183801) and based in Dubai, United Arab Emirates. Our trading address is the same as our office address.
To contact us, please email info@artfiesta-uae.com
3) By using our website, you accept these terms
By using the Website, you confirm that you accept these T&Cs and that you agree to be legally bound to comply with them.
If you do not agree to these T&Cs, you must not use the Website. These T&Cs take effect from the date when you first access this Website.
In addition to these T&Cs, please also refer to our Delivery, Installation, Cancellation, and Return Policy. You must read these general T&Cs, along with our Delivery, Installation, Cancellation, and Return Policy before purchasing anything from our Website. Please note that your agreement to these general T&Cs also constitutes your acceptance of the terms and conditions specified in the Delivery, Installation, Cancellation, and Return Policy, which are all part of a legally binding contract between us and you.
We reserve the right to change these general T&Cs and our Delivery, Installation, Cancellation, and Return Policy at any time and without any notice. Any changes in terms and conditions will apply on all new orders after posting the changes on our Website. You should review the general T&Cs and the Delivery, Installation, Cancellation, and Return Policy posted on our Website before each order.
We recommend that you print a copy of these terms for future reference.
4) Services
The Services shall include:
* sale of our product on the Website – customer support
We sell our products through our Website. It is important to take note of the following factors when shopping online from our Website:
Colours of the Products
The colors of the product shown on the Website are not accurate and may vary depending on the display settings on your computer. The actual colors of the product may be different to the product color appearing online.
Size of the Product
The size and shape of the product may appear to be different online than in reality. We shall provide the dimensions of the product in the description of the product. It is your responsibility to ensure that the actual size of the product is suitable for your purpose.
Photos
The photos of the product provided on our website are for illustration purposes only. A description of the product will be provided and should be reviewed, along with the photos of the product, prior to making the purchase from our website.
Validity of the information
We shall try to ensure that the information provided on our Website in relation to the product description and prices is accurate and valid, however, errors may occur. In the event such an error affects your order, we shall notify you.
Order and Acceptance
Your placement of an order on our website represents an offer to purchase the particular product from us. When you order more than one item, it represents a set of offers for each product separately.
We shall send you a confirmation email upon receipt of your order. Please pay attention when placing your order, as you may not be able to modify your order subsequent to receiving the confirmation email. The confirmation email will outline the details of your order.
Please note that we are not bound to accept your purchase order. We may not accept your order in the following event:
* The product ordered is/ are out of stock. – We are unable to obtain authorization on your payment – Shipping restrictions apply to the particular product – There is any discrepancy in the product or its pricing due to technical issues; or – For any other reasons at our own discretion
In any of the above situations, we shall inform you that the order has not been accepted and shall refund any amounts that you may have paid in relation to the order.
There may be errors in transmission resulting in the interruption of your purchase, you agree to cooperate with us to resolve such issues, and you agree that we shall have full discretion to determine the appropriate resolution in such cases.
Certain orders may constitute improper use of the Website and its Services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your Account may also be restricted or terminated for any reason, at our sole discretion.
In the event that a Product is listed at an incorrect price due to an error in pricing, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that Product. In the event that a Product is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Product Availability
Although we constantly check the accuracy of our stock our website, an error may occur. If we discover any stock error with any product you ordered, we shall inform you as soon as possible.
Promotions
Promotion and offers on our products may sometimes be exclusive to our website
Prices and payment
Unless otherwise stated, all prices shall be listed on our Website. The prices listed only include the price of the particular product (inclusive of VAT) and shall be subject the terms of our Delivery, Installation, Cancellation, and Return Policy
You shall make the payment at the time of placing your order on our Website, which shall include the price of the product and any other services requested by you for example, delivery and assembly. Any payment on our website shall be through a Visa or MasterCard credit/debit card in UAE Dirhams (AED).
All credit / debit card payments are subject to authorization/ validation by the issuing bank. If the issuing bank refuses to authorize the payment, we shall cancel your order and contact you to check if an alternative method of payment can be arranged. We shall not be responsible if this results in a delay of the delivery of your product(s).
Further, when you submit your payment details/information (including but not limited to, credit/debit card number, full name, billing address, home address, account number and expiration date of the credit/debit card) on our Website to place an order, your payment details shall be provided directly to our payment provider via a secured connection. We shall not store or collect your payment information and shall not be held responsible and/or liable for any losses suffered by you, whether directly or indirectly, as a result of you sharing your payment details/information on or through our Website. Any and all losses arising due to you sharing your payment information with our payment provider shall solely be the responsibility and liability of the payment provider.
Option of Cash on Delivery is currently available for UAE customers only, subject to limited items.
5) Account and registered user
In order to purchase the products on our website, you may either register and create an account (“Account”) or submit the order as a “Guest” user. Each user is allowed to set up only one Account.
You must ensure that the details of your account are kept confidential. You are solely responsible for any online activity transmitted or conducted from your Account and may be held responsible for any and all losses arising out of the wrongful and fraudulent use of your account.
To register or create an Account on our website or to place an order on the Website as a Guest, you must be at least 18 years of age, and must provide true, accurate, current, and complete information about yourself (including name, date of birth, email address, credit card details, and other details) as requested during the Account creation process or at the time of placing the order on the Website as a Guest. If you are under the age of 18 years, you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these T&Cs. If you are a parent or legal guardian agreeing to these T&Cs on behalf of a person under the age of 18 years, you are fully responsible for his or her use of this Website, including all financial charges and legal liability that may be incurred.
By registering and using the Website, you hereby warrant that the information provided by you in the course of the registration/ creation of an Account or in the course of placing an order on the Website as a Guest, is true accurate, current, and complete in all respects.
Without prejudice to our other rights and remedies, we may disable your Account at our sole discretion and without notice if we detect or suspect any fraudulent or wrongful use of your registered account and/or if an individual creates multiple accounts. We reserve the right to refuse service, terminate Accounts, or cancel orders at our sole discretion.
If you know or suspect that anyone other than You knows Your user identification code or password, you must promptly notify Us at info@artfiesta-uae.com
6) User Conduct
You may be allowed to post reviews, comments, questions, suggestions, and other information on our website. Whenever You make use of a feature that allows you to upload content to the Website, or to make contact with other users of the Website, You must comply with the content standards set out in Our Acceptable Use Policy .
You hereby warrant that any such content posted on our Website by you shall be original and shall not infringe the intellectual property rights of any third party.
Further, the submission of any such content on our Website shall not be considered confidential. We shall have no obligation to you of any kind with respect to such content including but not limited to (1) to maintain the confidentiality of the content; (2) to pay the user any compensation for the content; or (3) to respond to such content. By submitting any information to our Website, you understand that we shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. In addition, we shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products and other items incorporating such ideas, concepts, know-how or techniques.
You further agree that you will not post any content that is contrary to morality, defamatory, inflammatory, that infringes intellectual property rights, or contain viruses, political campaigning, commercial solicitation, mass mailings or any form of “spam” or that may otherwise breach common decency or be contrary to the applicable law.
We have the right (but not the obligation) to regularly review such posted content, and we reserve the right to monitor, edit or remove any such content from the Website.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by You to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
You are solely responsible for securing and backing up your content.
We do not store terrorist content.
7) How you may use material on our website
All the intellectual property digitally contained, offered, displayed, and disclosed through the Website (including but not limited to photographic images, text descriptions, names, brand names, trademarks, graphic designs, and music) (“Content”) remains the property of ART FIESTA TRADING LLC as an owner or as an approved licensee and/or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by the ART FIESTA TRADING LLC and its licensors.
You may store, print, and display the Content supplied solely for Your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to You or which appears on the Website or third party submissions or other proprietary rights not owned by You: (i) without Our express prior written consent, and (ii) in any way that violates any third party right nor may You use any such Content in connection with any business or commercial enterprise.
Our licensors and our authorized affiliates status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
You must not use any part of the Content on Website for commercial purposes without obtaining a license to do so from Us or Our licensors.
If you print off, copy, or download any part of our website in breach of the T&Cs, your right to use Our Website will cease immediately and You must, at our option, return or destroy any copies of the materials You have made.
* General Terms & Conditions.
11)We may make changes to these t&cs
We amend these T&Cs from time to time. Every time you wish to use the Website, please check these T&Cs to ensure you understand the terms that apply at that time as they are legally binding on You, provided You accept them through Your use of the Website. Some of the provisions contained in these T&Cs may also be superseded by provisions or notices published elsewhere on Website.
12)We may make changes to our website
We may update and change our website from time to time to reflect changes to the Products, Our users’ needs, and Our business priorities.
13)We may suspend or withdraw our website
The Website is made available free of charge.
We do not guarantee that the Website or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, and/or restrict the availability of all or any part of the Website for business and operational reasons without the obligation or commitment to notify You beforehand.
You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these T&Cs and other applicable terms and conditions, and that they comply with them.
14)Do not rely on information on this website
The Content on the Website is provided for general information only. It is not intended to amount to advice on which You should rely.
Although We make reasonable efforts to update the information on the Website, we make no representations, warranties, or guarantees, whether express or implied, that the Content is accurate, complete, or up to date. We assume no responsibility for the accuracy of the information, which may contain technical or other kinds of inaccuracies, omissions, or typographical errors. We have no special relationship with or fiduciary duty to You. You acknowledge that We have no control over, and no duty to take any action regarding: which users gain access to the Content; what effects the Content may have on You; how You may interpret or use the Content; or what actions You may take as a result of having been exposed to the content. You release Us from all liability for You having acquired or not acquired the Content.
15)Legal Proceedings
We do not accept any liability of Your involvement in any mediation, arbitration, tribunal hearing, court proceedings, or other proceedings (of whatever nature) with any other users of the Website, advertisers, or any other third parties.
16)Availability of our content
The Website and/or Content may be unavailable from time to time due to mechanical, telecommunication, software, hardware, and/or and third-party vendor failures, updates, or construction. We cannot predict or control when such downtime may occur and cannot control the duration of or be held liable to any damages resulting from such downtime.
17)We are not responsible for websites we link to
Where the Website contains links to other Websites and resources provided by third parties, these links are provided for Your information and convenience only. If you use such links, you will leave our website. We have not reviewed all of these third-party websites and are not responsible for these websites, including their content or availability and the conduct of the proprietors of such websites. Such links should not be interpreted as approval by Us of those linked websites or information You may obtain from them. The inclusion of these links on the Website does not imply any endorsement or approval of the linked sites or the content, information, or any linked addresses therein, or make any representations about them, or any material found there, or any results that may be obtained from using them.
We have no control over the linked sites and accept no responsibility for them or for any loss or damage that may arise from Your use of them. Your use of the linked sites will be subject to the terms of use and service contained within each such site. If You decide to access any of the third-party websites linked to the Website, you do so entirely at Your own risk.
18)User-generated content is not approved by us
The Website may include information and materials uploaded by other users of the Website, including bulletin boards, forums, reviews of the products and chat rooms. Information and material contained therein have not been verified or approved by Us. The views expressed by other users on the Website do not represent Our views or values.
19)How to complain about content uploaded by other users
If you wish to complain about content uploaded by other users, please contact Us on +97158 133 1334 or email at info@artfiesta-uae.com.
20)Disclaimer of warranties and limitation of liability
We make no representations or warranties, either expressed or implied, with respect to our website or the Content and to the fullest extent permissible under the law, disclaim all such representations and warranties.
Your access to and use of software and other materials on or through Our Website is solely at Your own risk.
We make no warranty whatsoever about the reliability, stability, or virus-free nature of such software.
Unless expressly stated to the contrary; to the fullest extent permitted by law, the Website, Our suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity; and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive, or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance, or failures of this Website or the linked sites and any material or Content posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect the Website’s liability or any liability(ies) which cannot be excluded or limited under applicable law.
21)How we may use your personal information
We will only use your personal information as set out in Our General Terms & Conditions.
22)Indemnity
You hereby indemnify Us and undertake to keep Us indemnified against any losses, damages, costs, liabilities, and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by Us arising out of any breach by You of any provision of these T&Cs, or arising out of any claim that You have breached any provision of these T&Cs.
23)Right you are giving us to use material you upload
When You upload or post content to the Website, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your user-generated content in connection with the service provided by the Website and across different media. It may also wish to use the content to promote the Website or the service.
24)We are not responsible for viruses and you must not introduce them
We do not guarantee that the Website will be secure or free from bugs or viruses.
You are responsible for configuring Your information technology, computer programs, and platform to access the Website. You should use Your own virus protection software.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored, or any server, computer, or database connected to our website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence, punishable under applicable laws. We will report any such breach to the relevant law enforcement authorities, and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
25)Breaches of these t&cs
Without prejudice to our other rights under these T&Cs, if you breach these T&Cs, whether directly or indirectly, we may take such action as we deem appropriate to deal with the breach, including but not limited to, suspending your access to our Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing legal or court proceedings against you.
26)Invalidity and severability
If any part of the T&Cs is unenforceable (including any provision in which we exclude our liability to You) the enforceability of any other part of the T&Cs will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
27)Assignment
We may transfer, sub-contract, assign, novate or otherwise deal with your rights and/or obligations under these T&Cs without notifying you or obtaining your consent. You may not transfer, sub-contract, assign and/or otherwise deal with your rights and/or obligations under these T&Cs.
28)Entire Agreement
You understand and agree that these T&Cs (in addition to other policies referred herein) constitute the entire general agreement between you and us. Any and all previous course of dealings, written or oral understandings, discussions, representations, correspondence and communications between us relating to the matters covered by these T&Cs are hereby superseded. You hereby agree that you have not relied upon, and will have no remedy in respect of, any warranty, statement, representation or understanding made by any party, including us, unless it is expressly set out in these T&Cs. You may be subject to additional terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
29)Which country’s laws apply to any disputes?
Your use of the Website and the operation of these Terms and Conditions shall be governed by and construed in accordance with the federal laws of the United Arab Emirates applicable in the Emirate of Dubai and the laws of the Emirate of Dubai. You agree, acknowledge, and submit to the Courts of Dubai having exclusive jurisdiction over all and any dispute or difference between us arising out of or in connection with this agreement.
30)In case of any queries contact us on:
Kindly contact our customer service number at +97158 133 1334.