While doing so we want to ask you to comply with our Terms and Conditions, which are presented in detail below. Please read these Terms and Conditions carefully.
These Terms and Conditions cover the website located at www.soulmade.com and any related services (together referred to as the “Website”) provided by us, Flair Ventures E Trading L.L.C (a company registered in Dubai, United Arab Emirates, company registration no. 756050, hereinafter “Flair Ventures” or “we”). The United Arab Emirates is our country of domicile.
If you do not accept our Terms and Conditions, we kindly ask you to refrain from using our Website.
By continuing to browse our Website, placing orders and using our services, you automatically accept our Terms and Conditions, our Acceptable Use Policy, and any other policies we issue in relation to our Website (all policies being collectively referred to as “Policies”), and are bound by them. We may update these Terms and Conditions and the Policies from time to time in our sole discretion by posting updated versions on our Website.
You must be 18 or older to use our Website. Otherwise, you may only use our Website under the supervision of a parent or legal guardian.
Our Website allows independent designers (each, a “Designer” and collectively “Designers”) from all over the world to be given the opportunity to find you as a customer and to offer their own products to you. The Designer is the seller of the product and we provide the platform where this sale and purchase can take place. Therefore, you are not purchasing the products from us. The contract for your purchase is between you and the Designer. It is thus the Designer, and not Flair Ventures, who acts as the seller-of-record and is responsible for the sold product.
In addition to providing the Website, we provide supporting services that are designed to facilitate the sale of products on the Website. Such supporting services include for example logistic services for the delivery of products to you from the Designer. We also provide services to facilitate payments and provide customer support in accordance with our standard practices.
We may change or update the Website and its content at any time or discontinue our Website, with or without prior notice. We reserve the right to restrict access to parts of or the entire Website, with or without prior notice.
When using the Website, you agree to do so in full compliance with these Terms and Conditions, the Acceptable Use Policy, and any other applicable policies we make available on our Website.
Our Website is protected by copyright, trademark, trade secrets and other intellectual property rights of Flair Ventures. These Terms and Conditions do not grant you any rights in our Website as such, except for your right to use it in accordance with these Terms and Conditions.
We claim no intellectual property rights over the material, including but not limited to comments or feedback you may provide to the Website. Your materials remain yours. However, unless and until otherwise expressly informed by you, you grant us a non-exclusive, royalty-free, worldwide and perpetual right to use, modify, distribute, and prepare derivative works of, such material, on our Website and in the case of improvement suggestions, to incorporate those suggestions into our Website.
When products are displayed on the Website, our aim is to be as accurate as possible in the description of the products and in indications of available sizes and colors. However, descriptions and indications of available sizes and colors are based on information provided to us by the Designers and we cannot guarantee that the information they provide is accurate, complete and error-free.
Images of the products displayed are provided to us by the Designers. We cannot guarantee that colors are always displayed correctly or that the photos correctly display the actual products.
Product prices advertised on the Website include customs and duty fees as well as taxes and delivery costs. You as a customer, therefore, pay the price as it is displayed on the Website.
Product prices can be shown in different currencies, depending on where you are located. Therefore, pricing in some currencies may result in a slight increase in price. In addition, the use of different currencies may lead to a slight difference between the price displayed on the Website and the payment confirmation from your bank, due to differences in currencies and bank commission charges.
Prices may change over time but any amended prices will not affect orders for which we have already sent you an order acknowledgment e-mail.
We, or the Designers, may provide you with promotional codes to be used when making a purchase. These codes have no cash value and cannot be exchanged for money or store credits.
We may grant you different types of store credits that can either be used for purchases on the Website or be cashed out through the original mode of payment. We may grant store credits as a result of your purchases on the website. We also grant store credits when you return a product (Refund Store Credits). Only Refund Store Credits can be exchanged for money and can thus be cashed out through the original mode of payment. Other store credits cannot be exchanged for money. Refund Store Credits are not time-limited. Other store credits may have an expiration date if specified.
We may revoke store credits in the following situations:
•If credits are granted as a result of placing an order and the customer cancels the order
•If credits are granted as a result of placing an order and the customer returns the order
Store credits are automatically applied to your purchase in the bag page.
We operate from Sunday to Friday. Orders are not processed outside of these days.
When you purchase items on our Website, you may either purchase these items from one and the same designer, or from several different designers. The Website allows you to make one collective purchase from several different designers at the same time. The products purchased from one designer constitute an order. Each purchase can thus contain several different orders. Each order is processed separately and, if accepted by the Designer, is considered a separate order.
The Website will allow you to review the purchase and correct any errors in your selection of products, or in the information you have provided before the purchase is completed. You should carefully check these purchase details before completing the purchase, as you are responsible for ensuring that the information provided (including, but not limited to selected products, colors, sizes, quantities, billing and shipping information, and payment information) is correct. Failure to provide complete and accurate information may result in delays in fulfillment of your purchase.
By completing the purchase, you have made an offer to buy the products from the Designer(s) and you guarantee that the details you have provided are accurate, that you are the authorized user of the credit or debit card that you have used to make the purchase and that there are sufficient funds on that credit or debit card to cover the cost of the purchase. When you submit payment on the Website, the details you are asked to submit will be provided directly to the payment gateway via a secured connection. We reserve the right not to submit orders to Designers, if we are unable to obtain authorization for your payment or if we identify a product or pricing error.
Once you have completed the purchase, you will receive a preliminary confirmation e-mail informing you that the payment is successful and that the purchase is being processed. This e-mail is only a confirmation of the purchase details and does not constitute acceptance of the order by the Designer. Designers reserve the right not to accept the order if, for example, the ordered product is out of stock, or otherwise unavailable. The contract between you and the Designer is formed once the order has been accepted by the Designer and you have received an e-mail from us confirming the order. A separate confirmation e-mail will be sent for each order (hereinafter "Order Confirmation E-mail").
Occasionally, a product may require additional time in production, and we will then need confirmation from you on whether you accept this additional production time. Products may also be unavailable and we may recommend alternative products to you, for which we need your confirmation. It is important that we receive these confirmations from you as promptly as possible to avoid delays in order fulfillment. If you decide not to proceed with the order because of the circumstances described above, you will receive a refund for this order in terms of Refund Store Credits to your account. Your right to such a refund is without prejudice to any other rights you may have under applicable law.
As part of our Website we provide logistic services to facilitate the delivery of the products you purchase from the Designers.
Delivery times may vary depending of the availability of products, the location of the Designer and the delivery address. Delivery times are only estimates and cannot be guaranteed.
The products will be delivered to you directly from the Designers, which means that a purchase may arrive in multiple deliveries (orders) at different times.
The estimated delivery date of the products will be stated in individual order dispatch e-mails we send to you.
There may be circumstances where delivery is delayed because of events beyond our control. If this happens, we will try to have the products delivered as soon as possible, but cannot accept any liability for such delays.
You may cancel an order after placing the purchase and before receiving the Order Confirmation E-mail. You can cancel the order by contacting us or by canceling the order through your account. After receiving the Order Confirmation E-mail, you can no longer cancel the order. Once the order is canceled, you receive a refund in the form of Refund Store Credits to your account.
Returns and refunds are governed by our Returns and Exchanges Policy available on our website. Please review this policy carefully.
Legal title to the product purchased will pass to you once the payment has cleared, the Designer has confirmed the order and you have received the Order Confirmation E-mail.
Legal title to the product will immediately revert to the Designer if you request a return or exchange of an order covering the product.
Responsibility for the product is transferred to you from the moment you (or someone representing you) signs off on the delivery of the order.
If you have placed the order but another person receives the products at the address specified at the time of completion of the purchase, you accept that evidence of the signature by this recipient is evidence on the basis of which responsibility for the product is transferred to you.
We are not, and neither are the Designers, responsible for any delays caused by local customs clearance processes or actions or omissions by third parties. However, in such instances, we will do our best to make sure orders are delivered as soon as possible.
We may, but have no obligation to, remove any content or product (together, “Content”) from our Website that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates these Terms and Conditions or the Policies.
We review all claims of copyright or other intellectual property right infringements received and remove the Content if such Content is deemed to have violated applicable laws. To make a claim, please provide us with the following:
•A description of the work protected by copyright or other intellectual property right and claimed to have been infringed
•A description of the infringing Content and information reasonably sufficient to enable us to locate the infringing Content
•Your contact information, including your address, telephone number and e-mail address
•A statement by you that you have, without results, requested the provider of the infringing Content to cease the infringing activity or that you have not been able to identify the provider of the infringing Content
•A statement by you that you have a good faith belief that the use of the infringing Content in the manner complained of is not authorized by the rights owner, its agent or by law
•A statement by you that the information in the notification is accurate and that you are the owner of the infringed copyright or other intellectual property right or the person authorized to act on his/her behalf
The above claims can be sent to support[at]soulmade.com.
We make no representations that the website or its content (including product listings) are accurate, complete, up to date, secure or free from errors, viruses or malware or that access to the website will be uninterrupted, reliable, fault-free or that the website will be safe to use. We provide the website on an ‘as is’ basis and make no representations and warranties with respect to the website and its content. We accept no liability for the products sold by designers.
The website may include or link to services provided by third parties. We make no representations and are not liable in relation to your use of these third-party services. You use these services at your own risk and we cannot guarantee that the third-party services will be operational or free from errors. Your use of such services is subject to additional terms and conditions applicable to these services.
In no event shall we, our subsidiaries, officers, directors, employees or our suppliers be liable for any loss of damage, including but not limited to (i) lost profits (ii) lost or corrupted data, (iii) cost of procurement products, (iv) losses resulting from unauthorized access and any indirect special, incidental or consequential damages arising out of or in connection with our site, our services or these terms and conditions (however arising, including negligence), to the greatest extent permitted by law.
In no event, shall flair ventures’ liability be greater than the amount that you have paid to us for the specific order that gave rise to the liability.
If you are in breach of the Policies or any of the provisions of the Terms and Conditions, you will indemnify us against all costs and expenses incurred by us. You will defend, indemnify, and hold us and any of our affiliates, employees, officers, directors, and representatives harmless from and against any losses arising out of or relating to any resulting third-party claims.
We will promptly notify you of any claim subject to the previous paragraph, but if we fail to promptly notify you, this will only affect your indemnification obligations to the extent that our failure prejudices your ability to defend the claim. You may: (a) use counsel of your own choosing (subject to Flair Ventures' written consent) to defend against any claim; and (b) settle the claim as you deem appropriate, provide that you obtain Flair Ventures’ prior written consent before entering into any settlement. We may also participate in the defense of the claim at our own expense.
In the event that you have a dispute with one or more of our users or Designers, you release us (and our employees) from claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
E-mail communication. E-mails that we send to you will be deemed received at the time the e-mail was sent. The date and time noted for the sent e-mail will apply regardless of whether you, for reasons beyond our control, have not received the e-mail.
For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing unless mandatorily applicable laws specifically require a different form of communication.
Assignment and amendments. We may assign some or all our rights and obligations under these Terms and Conditions without any prior notification.
Events outside our control. We are not responsible for any failure to perform or deliver on our obligations if such failure is caused by an event outside our control.
Applicable law. These Terms and Conditions are governed by and construed in accordance with the laws of the United Arab Emirates, as applied in the Emirate of Dubai, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of Dubai.
Our Acceptable Use Policy (the "AUP") sets out the acceptable and non-acceptable uses of our Website. It forms part of our Terms and Conditions, and terms defined in the Terms and Conditions have the same definition in this AUP. This is a binding document, and by accepting the Terms and Conditions, you also accept this AUP. Please thus review these rules carefully and ensure that your use of the Website complies with the rules set out in this AUP. We reserve the right to change this AUP at our sole discretion and will notify you of any changes by posting the new version on the Website.
If you are in breach of the AUP or any other material provisions of the Terms and Conditions, we reserve the right to deny access to our Website (including blocking of IP addresses) and to decline to provide our Website to you.
When necessary, we will report any breaches of the AUP to the relevant authorities and disclose your identity to them.
When using our Website we ask that you respect the following rules:
•Do not reproduce, copy or use the Website and its content for any commercial purposes without prior written consent.
•Do not extract, disassemble, reverse engineer or reuse or attempt to obtain the source code for the website, parts of the website or its content.
•If you are linking to our website, you must do so in a way that does not damage or take advantage of our reputation (suggesting association, etc.). We reserve the right to withdraw linking permission and if we instruct you to remove a link, you must do so without delay.
•Respect intellectual property rights. We own the intellectual property rights in the website and its content. All trademarks, company names or logos used on our Website are our property or the property of the individual Designers.
•You agree to purchase products for domestic and private use only and agree not to use the products for any commercial, business or re-sale purposes.
• Do not use the website in any way that can damage the website or cause the website, or access to it, to be interrupted.
You are responsible for your account and all electronic communication sent from your device to us. You may only use our Website for lawful purposes. You may not use our Website for the following:
•to breach local or international laws
•to send or use material that is illegal, offensive or otherwise unacceptable
•to breach copyright, trademarks, privacy or other rights
•to transmit software viruses
•to transmit commercial solicitations and the similar
You are responsible for restricting access to your computer and devices and to the extent permitted by applicable law, you agree to accept responsibility for all activities that occur under your account or password, including in cases of unauthorized use.
Make sure to protect the password you use to access our Website and ensure that it remains confidential at all times. Notify us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.
Do not share your account with someone else. If you, in breach of this provision, nevertheless share your account with someone else, the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms and Conditions on behalf of the business.
Your account is not transferable.