TERMS AND CONDITIONS
AGREEMENT BETWEEN USER AND WWW.SHAMSWEAR.COM
Welcome to www.shamswear.com. The www.shamswear.com website (the "Site") is comprised of various web pages operated by Al Shams LLC ("Al Shams"). The Site is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.
Visiting the Site or sending emails to Al Shams constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Al Shams does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
If for any reason you are not completely satisfied with your order, please return your unworn, unwashed merchandise to us within 30 days of purchase and we will offer you an exchange, credit or full refund. (See returns policy for Try Before You Buy members)
TRY BEFORE YOU BUY (TBY)
To become a TBY member, you must provide your name, email address and other registration information and create an account (“TBY Account”) which you should not share with any third parties. In becoming a TBY member, you represent and warrant that: (a) all required TBY Account information you submit is truthful and accurate, and (b) you will maintain the accuracy of such TBY Account information. We will also ask you for additional information about your size, fit, and style preferences in order to establish your style profile (" Personal Style Profile"). You have sole responsibility for any and all use of your TBY Account and all activities (including orders placed through the Site) that occur under or in connection with your TBY Account. We reserve the right to take whatever action we deem necessary to preserve the security your TBY Account, including without limitation, terminating your TBY Account or requesting additional information to authorize transactions on your TBY Account. You may not use anyone else's TBY Account at any time without the permission of the TBY Account holder. Please notify us immediately if you become aware that your TBY Account information is being used without authorization. You agree not to register for more than one TBY Account, register for a TBY Account on behalf of an individual other than yourself without such individual's authorization, or register for a TBY Account on behalf of any group or entity. You must be at least 18 years old to be a TBY member. If we later discover or suspect that a person under 18 years old has requested a TBY Account, we reserve the right to take steps to cancel that request.
If you want to return any of the items in your TBY order simply place them in the prepaid return envelope and mail them back to us at no cost to you. Returns must be postmarked no later than three (3) days after you receive the package (the "Return Date") and must be unworn, unwashed and in the original condition. We will assume that you have chosen to keep any items in your TBY order if the items are not postmarked by the Return Date, and we reserve the right to charge your account for those items any time after the Return Date. Any exceptions permitting a return postmarked later than the Return Date must be requested in a timely manner and may be granted at the sole discretion of Al Shams.
By becoming a TBY member, you agree to provide us with information regarding your credit card or other payment instrument. You represent and warrant to Al Shams that such information is true and that you are authorized to use the payment instrument. If necessary, you will promptly update your account information with any changes (for example, including, but not limited to, a change in your billing address or credit card expiration date). You agree to pay Al Shams the charges incurred in accordance with these Terms and Conditions. Al Shams will only bill your card if you have chosen to keep items in your home try-on, or if you return items after the Return Date (without being granted an exception, which is at the sole discretion of Al Shams), or if items are damaged, worn, or otherwise deemed to be in poor condition.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Al Shams and Al Shams is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Al Shams is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Al Shams of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site you hereby acknowledge and consent that Al Shams may share such information and data with any third party with whom Al Shams has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Al Shams or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Al Shams content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Al Shams and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Al Shams or our licensors except as expressly authorized by these Terms.
THIRD PARTY ACCOUNTS
You will be able to connect your Al Shams account to third party accounts. By connecting your Al Shams account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Site is controlled, operated and administered by Al Shams from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Al Shams content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Al Shams, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Al Shams reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Al Shams in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
CLASS ACTION WAIVER
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Al Shams agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AL SHAMS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
AL SHAMS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AL SHAMS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Al Shams reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Al Shams as a result of this agreement or use of the Site. Al Shams' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Al Shams' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Al Shams with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Al Shams with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Al Shams with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
Al Shams reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Al Shams encourages you to periodically review the Terms to stay informed of our updates.
Al Shams welcomes your questions regarding these Terms. Please contact us at the address or email below: