TERMS AND CONDITIONS

Welcome to www.elevenish.com and enjoy shopping the unique, shopping the exclusive and shopping the local. By accessing this website you agree to these terms and conditions (the ‘Terms’).

 

www.elevenish.com (the “Website”) is owned and operated by ELEVENISH PORTAL, a sole establishment incorporated under the regulations of the Department of Economic Development in Dubai (“DED”) in the United Arab Emirates (“UAE”) in the United Arab Emirates with commercial license number 926296 and its registered office at PO Box 4592, Dubai, United Arab Emirates.

 

Website Terms

To be eligible to purchase Items on this Website you must:

a)    be the holder of a valid debit/credit card.

b)    warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects.

If your personal information changes then please notify us immediately by contacting Customer Care on the following email [email protected]

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.

By using this site you agree to comply with, and be bound by, these Terms.

We may from time to time change these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with, and be bound by, the Terms as changed.

 

Eligibility                      

We aim to make the Website and its associated services available to as many of you as possible. However, we do require that you are at least 18 years of age, able to lawfully: (i) make payment through one of our accepted tender types; (ii) agree to these Terms; and (ii) enter into binding Orders with us. In addition, only Orders with delivery addresses within the UAE can currently be processed via the UAE Website. Please refer to the Delivery section below. The Website is for your personal or gift use only and commercial usage is not permitted.

 

Registration

In order to take advantage of the features and services of this Website, you can either utilize the Website on a “guest check-out” basis or 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 [email protected]  or updating them in your Website profile. Please keep your account details and password confidential and secure. Our customer service agents will never ask you for your password. We are committed to complying with our Privacy Policy but are not responsible for any loss suffered through misuse of those details. Please notify us as soon as possible if you believe your account has been compromised. By registering or placing an Order on the Website you warrant that you meet the Eligibility criteria described above and that the information you provide is yours and is accurate in all respects. Commercial entities are not eligible to register with us.

 

Privacy & Cookie Policy

Please refer to our Privacy & Cookie Policy for details on how we deal with your data.

 

Orders

To place an order, you must add items to your shopping bag, enter your billing/shipping address, select your delivery option and choose your payment method to complete your order.

When you place an Order with us, then subject to your rights to cancel or return the items, you commit to buy the items described in that Order, at the price indicated including any delivery fees, taxes and duties where applicable.

All orders are subject to acceptance and availability, which we may withhold in our sole discretion including for reasons such as ineligibility, inability to confirm payment authorization, suspected fraud, shipping restrictions and stock availability. Items in your Website basket are not reserved until your Order is paid for.

The Website may contain or provide information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be available immediately upon Order placement. Unfortunately, we cannot guarantee that an item stated to be available will actually be available right away, as inventory can change significantly throughout the day. In rare cases, a product may be available when you place an Order but sold out by the time we process the Order. Should this happen, we will notify you.

 

Receipt of your Order will be acknowledged by email. However the Order is only confirmed when you receive a notification from us confirming dispatch of the relevant item(s). No party other than us has the authority to confirm acceptance of the Order.

 

Complimentary Gifts

We hope you enjoy your free gift, complimentary with purchases made on ELEVENiSH. Please be aware that items purchased on the site, will be non returnable if the free gift has been opened or if the packaging has been tampered with.

 

Payment

We currently accept the following tender types for Orders placed on our Website: Visa, Mastercard and American Express. Cash on Delivery and online credit. Cash on Delivery is permitted for Orders of up to 5,000 AED. Payment will be taken at the time you place your Order. By entering payment details onto our Website, you warrant that you are duly authorized to pay using those details. We reserve the right to decline orders without liability to you where we believe payments are not authorized, the payment method is not valid or where we do not think you are authorized to use to utilize the relevant tender type.

ELEVENiSH provides all possible payment options for our customer’s convenience. For payments made via Credit Card or Debit Card, we may request additional personal documents, such as a passport copy or ID card with photo, in order to confirm your order. This is required to verify the identity of the buyer and protect the cardholder against any possibility of fraudulent payments. ELEVENiSH reserves the right to suspend or terminate the payment options available on your account and refuse any and all current or future use of the payment options available on the site (or any portion thereof) if it suspects there is fraudulent or suspicious activity. The Website is not liable or bound to inform or send specific communication to the user regarding the changes to your payment options on the website (or any portion thereof). It is the customer’s responsibility to get in touch with ELEVENiSH in order to get the payment options reactivated.

 

Instalment Payments

You have the option to convert your purchases into monthly instalments subject to the Terms & Conditions of your bank. This option will be made available to you at the time of Secure Checkout where you can select the period of time over which you want to spread the payments for the purchase along with any fees or interest, if applicable.

Please note that if you return or cancel an item where you have opted to break the purchase price into installments, then you must contact your bank to cancel the instalment plan or address any processing fees that may apply.

 

Prices

Prices on the Website are displayed in AED, and exclude any services you may elect to pair the purchase with, delivery costs, taxes or duties to which the purchase may be subject. Any such additional costs will be displayed before your final check out.

Where you purchase using a payment card denominated in a different currency to AED, the payment will be subject to the currency exchange rate applied by your card issuer at the time your payment is completed.

The destination you ask us to deliver to, the items & services you select and the method of delivery you choose will dictate what delivery charges, taxes and duties apply (if any). Please refer to our Delivery section for further details on delivery options.

Although we make every effort to ensure prices displayed on our Website and in our communications are correct, errors may occur. If an error occurs and your Order:

1.     has already been processed, then we may at our discretion:

1.     cancel the Order (or part thereof), arrange for collection of the mis-priced item(s) from your original Order delivery address in the UAE and issue you a full refund including original Order delivery fees, taxes and duties (if applicable);

2.     where the price you paid is lower than the actual price of the item, honour the price in your Order; or

3.     where the price you paid is higher than the actual price of the item, refund you the difference;

2.     has not yet been processed, then we will notify you as soon as possible and only process the Order (or part thereof) once you have confirmed you are happy to buy at the correct price or otherwise cancel the Order (or part thereof) and refund your payment in full.

 

Promotional Codes and Discount Schemes

Promotional codes are valid only in accordance with their terms, until the date stated, can be used only once, are not redeemable for cash and cannot be used in conjunction with any other offer, sale or promotion. They are personal to you and cannot be transferred to third parties. Inner Circle discounts are currently not available for Orders placed through the Website.

 

Gift Tagging and Messaging

Gift tags and gift messages can be added to your Order free of charge by selecting this on our Order check out page.

 

General Delivery Conditions: Although we are strongly committed to delivering in the timelines estimated in our Order confirmation or displayed on our Website or above, delivery timelines are estimates only. Time shall not be considered of the essence. Timelines start from Order confirmation. However, if we have not delivered your Order within 30 days of Order confirmation, we will provide you with a full refund. We are not responsible for failures to deliver for reasons outside our reasonable control, including where you are not available to take delivery of your Order or request postponement.

Orders are delivered daily excluding UAE public holidays. It is your duty to ensure appropriate access for deliveries, including in particular but without limitation on Fridays. Please note the courier will make up to four phone calls to book the delivery time slot with you. And up to three attempts to deliver before your Order will be cancelled.

 

Returns and Exchanges

Customer satisfaction is always our top priority, and as such we handle each query on an individual basis to the best of our ability. While we hope that you are delighted with your order, if you are not perfectly satisfied with your goods we will happily offer you a full refund.

Please read our return policy carefully to ensure you can proceed with your request as quickly as possible.

 

Ordinary Returns

Before your parcel leaves our warehouse, it is fully checked and controlled by our packing team. If you receive an item which is damaged, please contact us immediately. Where provided, any designer packaging such as authenticity cards, dust bags and leather tags should be included in your return.

Subject to meeting the conditions set out in this Returns and Exchanges section, we offer a free returns policy which allows you to return delivered items to us for any reason up to 10 days from delivery of your Order, free of charge.

 

The item(s) should be returned unworn and in perfect condition, with all ELEVENiSH and designer garment tags still attached. Returns that are damaged, soiled or returned without their original labels may not be accepted and may be sent back to the customer.

 

Refund Process

Refunds will only be processed after the item/s returned have been approved. After approval, we will issue a refund of the full face value of undamaged items duly returned (excluding, where applicable, the original delivery charges and cash handling fees).

Your refund will be processed via the following methods:

·       Cash on Delivery payments are refunded as store credit.

·       If you chose to pay with multiple payment methods, the store credit amount used will be prioritized and refunded in full, before the remainder of the payment gets refunded via the other payment method used. The refund will be processed in the following order: (i) The full store credit amount used will be credited back to your account (ii) The remaining amount will be refunded via your other payment method: Credit Card payments will be refunded to the Credit Card used to purchase your order, PayPal payments will be refunded to your PayPal account and Cash on Delivery payments will be refunded as store credit.

 

Damaged Goods/Incorrectly-Fulfilled Orders

If an item in your Order is received damaged by you or is not what you ordered, then please arrange for return of the item to us using the Returns Process. The item must be returned in the same condition you received it in within 10 days of receipt for a full refund including, where applicable, original Order delivery charges, cash handling fees, taxes and any duties. Replacement may be available. Defective items may also benefit from a manufacturer’s defects warranty.

 

Shoes

Shoe returns will only be accepted if the shoes are in brand-new condition and without any damage to the items or their packaging. To avoid damage, shoes should only be tried on carpeted surfaces. Any items returned with scuffing, scratches, dents, or any type of damage and visible signs of wear will not be accepted and will be returned to the customer with a rejected refund request.

 

Non-Returnable Items

Beauty and grooming items (including skincare, fragrance, make-up and haircare), underwear, face masks, earrings, candles and vintage pieces cannot be returned. In addition, all furniture orders are final and non-returnable.

 

Returns Process:

Items can be returned by arranging collection from your delivery address in the UAE by either:

1.     contacting us by calling our UAE number +97152 212 0665; or email [email protected]

2.     logging into the My Account/Order History section of the Website.

 

General Conditions Applicable to Returns

In order to qualify for a refund, all items (including promotional gift items accompanying the Order) must be returned to us within 10 days of Order receipt:

·       Unaltered, unused and in full saleable condition (or the condition in which they were received from us or our agents). Shoes must not have any sole or other damage;

·       In their original packaging/box/dust-cover and with all brand and product labels/tags/instructions still attached. Authenticity cards, where provided, should also be returned. Swimwear must have the original hygiene liner attached

·       Accompanied by the original Order confirmation.

Please take care to preserve the condition of any product packaging as, for example, damaged shoe boxes may prevent re-sale and may mean that we cannot give you a full refund. Our agents may ask to inspect returned items at the point of collection but that initial inspection does not constitute a guarantee of your eligibility for a full refund.

We don’t accept returns for beauty products (including skincare, haircare, make-up, perfume), underwear, earrings. Unless the product has been damaged during shipping and retains its original packaging.

We reserve the right to monitor returns and to refuse Orders from customers with excessive returns levels. However nothing in this Returns section is intended to affect any consumer rights that you may have under UAE law.

 

Exchanges

We are not currently able to offer Exchanges. Instead, all items should follow the returns process, and a new Order placed for the replacement items.

 

Cancellation

You may contact us at any time prior to your Order being marked as “Processed” on our online Order tracking system to cancel or change it. If you do so, we will at your request either: (i) cancel it free of charge and issue you with a full refund or (ii) do our best to change it, subject to stock availability and any applicable price adjustment. If the Order has been processed, please await delivery and use the Returns process.

 

Gift Cards

ELEVENiSH Gift Cards are sold subject to the following terms and conditions:

a) Gift Cards are valid for 12 months from the date of purchase.

b) Gift Cards can be redeemed against all products on ELEVENiSH.

c) Gift Cards cannot be returned or refunded and are non-transferable.

d) Gift Cards can only be purchased with a debit or credit card; account credit cannot be used to buy a Gift Card.

e) If your order exceeds your credit value, any remaining balance must be paid for by credit or debit card.

f) If you return products you have purchased using a Gift Card, the remaining balance will be added to your account as credit and can be redeemed against subsequent orders.

g) ELEVENiSH is not responsible if a Gift Card is lost, stolen, destroyed or used without your permission.

h) ELEVENiSH reserves the right to cancel a Gift Card if we deem such action necessary.

i) Gift Cards are exempt from duty and tax.

j) No delivery charges apply on Gift Card(s)-only orders.

k) If a customer purchases a Gift Card or Gift Cards alongside other products, standard delivery charges will apply (except during free delivery promotional periods).

l) Gift Cards cannot be used in conjunction with any other offer, with the exception of free delivery promotions.

 

Product Liability

By placing an Order through our Website, you acknowledge and agree that full liability for the products rests with the manufacturer and that we carry no product liability for those items save as described in the Returns section in relation to returning the products and refunding the price paid (where applicable).

 

Title to Goods

Title to the items in your Order will pass to you on the later of the day on which: (i) you pay us in full for those items; or (ii) the day you receive the items. Risk in the items in your Order passes to you on delivery to the address detailed in the Order.

 

Intellectual Property Rights

Your use of the Website and its contents does not grant you any copyright, design, trademark or other intellectual property rights relating to the Content (as described in the Content section below), including our software, HTML or other code contained in the Website. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Website is typically protected by national and international intellectual property laws and treaties. You are permitted to use the Content only as expressly authorized by us or the licensor of such Content. 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.

 

Content

In addition to the Intellectual Property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Website. We have made every effort to ensure that the information on the Website accurate and complete but we cannot promise that Content is error-free. We also do not promise that the functional aspects of the Website or Content will be error free or that this Website 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.

 

User Generated Content

By providing a review you agree to be solely responsible for the content of all information you contribute. You also grant us a right to use any content you provide for our own purposes including republication in any form or media. Comments may be moderated and may not be displayed immediately but we do not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please contact us. We reserve the right in our sole discretion not to publish or to remove any comment including those that we believe may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This Website is available to the public and therefore information you consider confidential should not be posted to this Website.

 

Third Party Sites

Our Website 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 Website 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.

 

Descriptions

At the time of publication on our Website, all product descriptions are believed to be accurate. We also strive to represent the products on our Website as accurately as possible, however colours and resolution may vary depending on your monitor’s display. All measurements and weights are approximate.

 

The Sustainability Clause

In an effort to contribute to sustainability and eco-consciousness, the term “sustainability” is used to refer to any brand that contributes to a greener planet by adopting eco-friendly processes. The campaign acknowledges labels that are trying to make a difference in their own ways.

 

No Warranty

Except as otherwise provided in these Website Terms or required by applicable law, we make no 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 Website membership, any Content, or any products purchased through the Website.

 

Your use of the Website is at your sole risk and it is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the Website at any time. Save as required by law, we make no warranties that access to the Website will be uninterrupted or error-free; that the Website will be secure; that the Website or the server that makes the site available will be virus-free; or that information on the site will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. If you download any content from the Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer or loss of data that results from the download of any such content. No advice or information obtained by you from the Website shall create any warranty of any kind.

 

Liability

Save for death or personal injury arising out of our negligence or as required by law, under no circumstances shall we, our affiliates, employees, directors, officers, agents or suppliers 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 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 this Agreement is intended to impact any rights you or we may have under applicable law. We are committed to respecting individual rights including but not limited to moral, cultural and religious rights as enshrined in applicable law.

 

Indemnity

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 Website and/or your breach of any representation, warranty, or other provision of the Website Terms, including the use by third parties accessing the Website using your account caused by your action or inaction.

 

Entire Agreement

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

 

No Agency

Nothing contained in these Website Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.

 

No Waiver

Any failure to exercise or any delay by either party in exercising its rights or remedies under these Website 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.

 

Illegality

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

 

Language

These Website Terms are published in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will apply.

 

Disputes and Governing Law

These Website Terms are governed by the federal laws of the United Arab Emirates and the laws of the Emirate of Dubai and all disputes arising here under are subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.

General

You acknowledge and agree that these Terms, together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any items from ELEVENiSH, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms.

We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

We reserve the right to refuse to supply Items to any person for any reason whatsoever, to withdraw any Items from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Items from this Website whether or not such Items have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

If you have any questions regarding these Terms, please contact us by email at [email protected]