Terms of Use
General
These are the Terms of Use govern use of this Website. By using the Website in any manner, you expressly agree and consent, without limitation, to be bound by these Terms of Use. These Terms of Use are to be read and construed together with our Website, www.souwari.app.
Capitalised terms have the following meanings in these Terms of Use:
Order means you are placing an order to purchase Services or Products through the Website that are subject to these Terms of Use.
Products means the products available for purchase through the Website, subject to these Terms of Use.
Services means the services provided by us to you through the Website, subject to these Terms of Use.
Third party Sites means the websites not managed or owned by us.
Terms of Use means these Website Terms of Use that govern your use of this Website and regulates the relationship between us.
Website means www.souwari.app and includes any social media platform where Souwari showcases its Products and where our customers can submit their Orders.
“You” “Your” (or a similar reference) refers to you as the user of the Website and the term “Us” “Our” “We” refers to the owner of the Website and all its content being Souwari Design and Artwork Services (incorporated in the United Arab Emirates) and its licensors, affiliates, subsidiaries and related entities. It is important to note these Terms of Use shall be deemed to apply to anyone viewing this Website and not only those that are registered with us or that purchase through the Website.
Website Access
The Website may be accessed on a mobile, tablet, laptop, computer and smart devices.
The Website showcases Products for viewing, customisation and purchase. The Products are manufactured by third parties. We do not guarantee the suitability, quantity, availability or quality of the Products in any manner except for the description provided whilst purchasing the Products.
The Website does not deal with nor wishes to deal with, any individual, user or entity that has international sanctions (whether trade, military, economic or otherwise) against them by an international, national or regulatory authority. If you are one of such sanctioned individuals or entities, belong to a sanctioned country or entity or region, or regularly deal with sanctioned individuals or entities, please DO NOT use the Website. The Website and us, do not and will NOT deal or provide any products to any of OFAC (Office of Foreign Assets Control) sanctioned countries in accordance with the laws of United Arab Emirates.
Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable license to:
- access and use the Website solely in connection with its indicated use, on a temporary basis; and
- access and use any content, information and related materials that may be made available through the Website, in each case solely for your personal use. Any rights not expressly granted in these Terms of Use are reserved by us.
We reserve the right to withdraw or amend the list of Products or Services or Website in general, without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Website for maintenance and enhancements. We also reserve the right to decline all or any purchases made by you in which case we will not accept or retain your payments.
We control the Website from the United Arab Emirates and make no representation this Website is appropriate for use in other locations. If you use this Website from other locations you are solely responsible for ensuring compliance with applicable laws. You may not use, export or re-export any materials from this Website in violation of any applicable laws or regulations, including, but not limited to any U.A.E. export laws and regulations.
Customer Account & Information
In using this Website, you make the following warranties to us, without limitation:
- You are over 18 years of age and possess a valid credit or debit card in your own name issued by a bank acceptable to us.
When placing an Order or registering a user account on the Website, you undertake that all details you provide to us are complete, true and accurate, that you are an authorised user of the credit or debit card used to place your Order and that there are sufficient funds to cover the cost of the Products.
The cardholder must retain a copy of transaction records and relevant merchant policies and rules.
You undertake to ensure that no one, except yourself may use your user account login details/information. You may not disclose your username or password to any person and shall ensure any documentation with information about username and password is kept in such a way that unauthorized persons may not access this information. You shall immediately notify us without delay if it may be suspected that any unauthorised person has obtained access to the password of your user account. You are responsible for all purchases made with your login details.
You are responsible to review the description of the Products in detail prior to placing any Order on the Website.
Purchases
A. Orders
When you place an Order you will be required to provide your email address where you will receive an acknowledgement e-mail confirming receipt of your Order. This email will only be an acknowledgement and will not constitute acceptance of your Order. A contract between us for the purchase of the Products will not be formed until your payment has been approved by us and we have debited your credit or debit card. We do not currently have other payment options but when and if we do, these Terms of Use and the Website will be updated accordingly.
B. Payments And Pricing
Prices shall be visible on the Website and payable in AED (United Arab Emirate Dirhams), USD (United States Dollars) and SAR (Saudi Riyals), however in future other currencies may be included. The displayed price and currency selected by you will be the same price and currency charged to the debit/credit card and printed on the transaction receipt. Where applicable, prices are inclusive of VAT. Payment for all Services must be by credit or debit card. We accept payment with all major credit and debit cards.
With respect to credit card and debit card transactions, please note it is your responsibility to check with your bank first prior to making a purchase on the Website that they do not levy any additional service, loyalty or convenience, finance, foreign exchange or other charges and fees for use of such cards. We will not be held responsible or liable for any excess charges made by banks to your credit or debit card. In future we may offer other modes of payment and in such case you will still be liable in accordance with the above provision for any excess or associated charges.
Delivery costs for the Emirate of Dubai are included in the price. For Orders to be delivered outside the Emirate of Dubai, additional delivery costs shall apply. Such additional charges are clearly stated where applicable and included in ‘Total Cost’.
Product(s) prices are set at our sole discretion, using existing currency exchange rates. The rates are subject to variation and may go up or down; therefore, prices are subject to change if the applicable currency exchange rate changes before your Order is accepted. All currency priced Products will be honoured as advertised unless it is obviously incorrect.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your Order. If we have made a mistake and a Product’s correct price is higher than the price on the Website, we may either contact you before shipping to request whether you want to buy the Product at the correct price or cancel your Order. If a Product’s correct price is lower than our stated price, we will charge the lower amount and send you the Product.
C. Security
All payment transactions on the Website are processed using a secure online payment gateway that encrypts your details in a secure host environment.
To help ensure that your shopping experience is safe, simple and reliable, the Website uses Secure Socket Layer (SSL) technology.
All care is taken, as it is in our power to do so, to keep the details of your Order and payment secure. In the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
D. Delivery & Shipping
Products are normally delivered within five (5) to seven (7) working days from the date of online purchase and confirmation of your Order, or at a specific date and time selected by you through the payment process at the checkout at www.souwari.app.
Please note that unless otherwise stated on the Website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such, although we endeavour to meet your availability requirements.
If you wish to collect a purchase directly, any package shall be picked up at a specific delivery point and you shall do so at a mutually agreed time specified in communication with our Customer Service Team. The delivery date and time will be confirmed via email or SMS notification. Packages shall be retrieved personally with valid identification and order number or with written notification of third-party collection name and company. We use a variety of convenient and safe payment platforms for all our payments.
We retain legal ownership of the Products until full payment has been made and such payment has been received. Legal ownership of the Products will immediately revert to us, if payment is refunded to you. Risk in the Products will pass to you upon delivery.
Special Offers
From time to time, we may have time limited special offers. Such offer may be subject to separate terms and conditions which will always be clearly displayed on our Website.
Gift Card
All our usual terms and conditions and policies apply to Gift Cards. These terms and conditions will also apply to the purchase and redemption of our Gift Certificates available on our Website.
Gift Cards must be redeemed on our Website, as full or part payment of products from our Website. A Gift Card cannot be used to purchase a further Gift Card.
When ordering a Gift Card, you should ensure to enter the recipient’s email address correctly. We cannot be held responsible if the address is entered incorrectly and someone other than the intended recipient uses the Gift Card.
Special Offers and promotions we offer you from time to time do not apply when purchasing Gift Cards.
Third Party Sites
The Website may automatically provide links that reference to third party sites. Once you click or access these third party sites, you will leave the Website. We have no control over these third party sites or the content within them. We do not guarantee, represent or warrant that the content contained in the third party sites is accurate, legal, inoffensive or suitable for your use in any manner. We do not endorse the content of any third party sites, nor make any representation or warranty about these third party sites, including that they will not contain viruses or otherwise impact your computer.
We shall not be responsible for any protection or confidentiality of information or personal data that you provide on third party sites. You are advised to be cautious and read the personal data provisions applicable to third party sites. You will access and use these third party sites at your sole risk and liability. If you have a problem with a link from our Website, you should notify us at [email protected].
Limitation of Liability
We shall have no liability in case Products are sold out, nor for image or typographical errors on the Website or incorrect information. We are entitled to rectify any such errors and, at any time, to change or update the information.
All images on the Website shall be considered solely as illustrations. Such illustrations do not guarantee to reproduce the exact appearance of the Products, however we endeavour that all images will be reproduced in high quality resolution and our products will be of the best quality.
We will do our utmost to ensure that availability of Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of various internet providers, this cannot be guaranteed. Also, your access to our Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
We are not responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Services. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control.
It is your responsibility to ensure you are certain and understand all aspects of any Products, (including reading and understanding any further terms and conditions of each Product (if any) carefully. You will be bound by these Terms of Use and the respective, specific terms of a Product, and if there is any inconsistency between the specific terms of a Product and these Terms of Use, the specific terms will prevail.
Accordingly, we have no liability whatsoever for any Services or Products and you expressly agree and acknowledge that your sole and exclusive rights and remedies with respect to anything listed or advertised on the Website are against the respective third party business you have transacted with, and not against us. Taking into account the above mentioned exclusion of liability, in case any liability is established by an entity with jurisdiction in accordance with these Terms of Use, in a matter against us, you expressly acknowledge and agree that the maximum limit for any liability claim shall not in any event exceed the amount contributed by you to us in respect of the specific Product value to which any liability relates.
Intellectual Property & Copyright
The intellectual property rights in all software and content made available to you on or through this Website remains our property or that of our licensors and are protected by copyright laws and treaties around the world. 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 this Website nor may you use any such content in connection with any business or commercial enterprise.
If you submit information to this Website, you warrant that the information does not infringe the copyrights or other rights of third parties.
All images uploaded are copyright © to you. Subject to any other agreement between us and a photographer, we will not assume ownership of a photographer’s work. Images uploaded to the Website remain owned by the photographer or artist.
Refunds and Cancellation Policy
All Products are bespoke for each Order we do not offer refunds if an item is not suitable or you have simply changed their mind about the chosen Product.
You are entitled to cancel an Order up until the payment is debited from your credit or debit card and Order confirmed by us. Other than these cancellations shall not be permitted unless requested by us or approved by us.
Refunds for confirmed Orders shall not be permitted unless requested by us or approved by us.
Refunds and Cancellation Policy
All Products are bespoke for each Order we do not offer refunds if an item is not suitable or you have simply changed their mind about the chosen Product.
You are entitled to cancel an Order up until the payment is debited from your credit or debit card and Order confirmed by us. Other than these cancellations shall not be permitted unless requested by us or approved by us.
Refunds for confirmed Orders shall not be permitted unless requested by us or approved by us.
Complaints Policy
The right to file a complaint applies to Products that are defective on delivery of a Product or on receipt of a Service. Any complaint must be made within 24 hours of receipt and you are obligated to contact us within this time frame in writing by email to the Customer Service team at [email protected]. The email must include all relevant evidence of the defect in Product.
If the complaint is approved, we will make good the Product by either reprinting or remaking the Product.
We strive to deal with complaints within seven (7) days from receipt of the complaint, however this may be delayed depending on the nature of the Product and the time of year. We reserve the right to refuse any complaint if the Product proves not to be defective or the complaint proves to be fraudulent.
Consumer Protection
Nothing in these terms serve to excludes any consumers’ special rights and protections which are guaranteed rights pursuant to all relevant laws in force from time to time.
Survivability
If an adjudicating body with jurisdiction, finds any part of the Terms of Use (or part of it) unenforceable or invalid then such part shall be deemed deleted and the rest of the Terms of Use shall continue to be in full force and effect to the fullest extent permissible by the applicable laws.
Governing Law & Jurisdiction
These conditions are governed by and construed in accordance with the laws of the Dubai International Financial Center (“DIFC”). If any dispute, claim, difference or controversy arising out of, relating to or having any connection with these conditions, including as it may relate in any way to your use of any Services or these Terms of Use, or the existence, validity, interpretation, performance, breach or termination or any dispute relating to any non-contractual obligations arising out of or in connection with them (for the purpose of this section, a “Dispute”) qualifies for determination by reference to the exclusive jurisdiction of arbitration in accordance with the DIFC-LCIA rules in the English language with its seat in Dubai, United Arab Emirates.
Amendments
We may update the Terms of Use from time to time, without any prior notice. You should check this page regularly to take notice of any changes we may have made to the Terms of Use. Please remember that your continued use will automatically be deemed as your consent to these Terms of Use.
Feedback and Contact
If you wish to discuss or clarify these Terms of Use or have any other queries or feedback or communication, please contact our Customer Services Team at [email protected] who will be happy to assist.