These Terms and Conditions will apply to any contract between us for the sale of Products to you on our Website (“Contract”) to the exclusion of all other documents. Please read these Terms and Conditions carefully and make sure that you understand them, before ordering any Products from our Website. Please note that before placing an order you will be asked to agree to these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order any Products from our Website.
We amend these Terms and Conditions from time to time. Every time you wish to order Products from THEODORE AND C., please check these Terms and Conditions to ensure you understand the terms which will apply at that time.
The language in these Terms and Conditions shall be interpreted as in accordance with their fair meaning and not strictly for or against either party.
The purpose of the Website is for THEODORE AND C. to offer Products for sale to visitors of the Website (herein referred to as “you” or “your”).
All orders for Products offered on the Website imply the consultation and express acceptance of these Terms and Conditions, without said acceptance being contingent on you providing a hand-written signature.
This Website is operated by THEODORE AND C. PORTAL. Throughout the site, the terms “we”, “us” and “our” refer to THEODORE AND C. PORTAL. We own, run and operate this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms and Conditions and to follow these Terms and Conditions. These Terms and Conditions will apply to any Contract between us for the sale of Products to you from our Website. All applicable laws and regulations governing the site, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any of our services.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. This is a platform/hosting server providing us with the online e-commerce platform that allows us to sell our Products and services in a professional, safe and convenient way to you.
- INFORMATION ABOUT US:
2.1. The Website is an e-commerce website that is accessible via the internet at www.theodoreandc.com
It is produced by THEODORE AND C PORTAL, a sole establishment incorporated and registered in the Dubai Economy, and whose principal place of business is situated in Dubai, UAE.
2.2. Contacting us:
- a) If you wish to contact us for information or general queries relating to our Products or brands or because you have any feedback or complaints, please contact us by email at email@example.com
- b) If you wish to contact us for queries relating to placing an order, making purchases through our Website or deliveries, please contact our Customer Service team by email at firstname.lastname@example.org.
- c) If you are emailing us or writing to us please quote your order number (if applicable) to help us identify your order.
- d) If we have to contact you or give you notice in writing, we will do so by email or pre-paid post to the email/postal address you provide to us at the time of placing your order.
- ONLINE STORE TERMS
By agreeing to these Terms and Conditions, you represent that you are at least 18 years old.
You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any applicable laws (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms and Conditions will result in an immediate termination of your Services.
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
- PRODUCTS OR SERVICES
5.1 We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
The Products offered for sale are those listed on the Website, on the date you consult the Website, within the limit of available stock and subject to these Terms and Conditions. All Products should be kept out of the reach of children.
The images of the Products on our Website are for illustrative purposes only. The images that illustrate the Products do not fall within the scope of the Contract and THEODRE AND C. PORTAL’s liability may not be incurred in connection with any such error. Products purchased may vary slightly from images on our Website.
The packaging of the Products may vary from that shown on images on our Website.
5.2 Product Availability:
Products are offered subject to availability. If a Product is not available, you shall be informed there of as soon as possible. Such information may be provided to you:
- a) at the time of placing your order. If a Product that can be bought online is unavailable it will state that the desired Product is out of stock; or
- b) following the validation of your order. If a Product becomes unavailable prior to delivery, you will be contacted via email.
If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because of an error on our Website, we will inform you of this by email and you can decide how you wish to proceed with your order or let us know if you wish to cancel your order.
If you have already paid for the Products, THEODORE AND C PORTAL will take the necessary steps to deduct the price(s) of the Product(s) that is/are unavailable from the amount debited from your bank account as soon as possible. If none of the items ordered are available we will also refund any delivery costs charged as soon as possible.
Substitute product can be sent to replace the unavailable Product.
THEODROE AND C. PORTAL may not be held liable if Products are out of stock or unavailable.
5.3 Retention of title and risk:
- a) Product(s) ordered shall remain the property of THEODROE AND C. PORTAL until full receipt of the purchase price and all applicable delivery charges. If Products have been delivered to you and there is a payment incident or in the event of incomplete or partial payment, you undertake, at your cost, to return the Products to us at our first request.
- b) On the date of delivery, the risks (in particular of theft or damage) concerning the Products are transferred to you.
Products ordered by you can be delivered at any location if ordered from www.theodoreandc.com
Deliveries fees and conditions will change depending on the area of deliveries.
The orders for which a P.O box delivery address has been chosen cannot be processed.
These General Conditions of Sale determine all the steps required to place an order, as described in Paragraph 4 "Order Terms and Conditions" and ensure the follow-up of said order between the parties
- PRICES AND PAYMENTS:
6.1. The prices of the Products are given in the currency you select on the Website as converted at the official rate in comparison to AED (United Arab Emirates Dirhams, the official currency of the United Arab Emirates). Payments, however, will be processed in AED. We use our best efforts to ensure that the prices of Products are correct at the time of completing an order. However, please see Clause 6.6 for what happens if we discover an error in the price of the Product(s) you ordered.
6.2. In the event that you are using a valid promotional code provided by THEODORE AND C., this cannot be used in conjunction with another offer or promotion.
6.3. The prices given do not include the delivery costs, which will be invoiced in addition and specified to you before the order is confirmed and when the order is definitively validated.
6.4. You accept THEODORE AND C.’s right to modify its prices at any time, however the Products will be invoiced on the basis of the tariffs in force when the order is recorded, subject to the availability of such Products. The tariff in force is that stated on the Website, unless there is a typographical error.
6.5. Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing at the postal address provided during the order process.
Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect price.
We accept payments online using Paypal, Visa and MasterCard credit/debit card in AED.
Cash-on-delivery (COD) payments are also accepted in accordance with the conditions of our third party contractor.
For payments by credit or debit card, you will need to enter:
- the card number;
- the expiry date;
- the name of cardholder; and
- the 3-digit safety code on the back of the card (Visa and MasterCard only).
Banking transactions will be carried out in a secure manner by STRIPE, THEODORE AND C‘s designated payment partner.
If you make a payment for our Products or Services on our Website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
THEODORE AND C. PORTAL reserves the right to refuse all orders or deliveries if the limits stated in the Introduction above are exceeded, if there is an existing dispute with you, in the event of total or partial failure by you to pay for that order or a previous order or if credit/debit card payment authorization is refused by the banking organizations.
Minors under the age of 18 are prohibited to register as a User of this Website and are not allowed to transact or use the Website.
The cardholder must retain a copy of transaction records and merchant policies and rules.
- ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
- OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
- THIRD-PARTY LINKS
Certain content, products and services MADE available by us may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- DELIVERY AND CONSUMER RIGHT
10.1 Orders are prepared and dispatched by carriers nominated by THEODORE AND C. The estimated delivery time will be included in the order acknowledgement and dispatch confirmation sent to you. The estimated delivery times ranges between 2 to 4 business days from the date on which you receive a confirmation email from us. Please note that the delivery time quoted is an estimate only. We may email you different times of delivery.
10.2. The Products ordered by you will be delivered to the delivery address stated by you when completing your order on our Website and you will need to sign for the delivery (regardless of the delivery method selected). You undertake to supply the exact delivery address when placing your order for the Products, which can be different to the billing address you provide.
10.3. If no one is available at your address to take delivery, the Products will be returned to our premises and we will contact you to book a new delivery appointment.
In that case, an additional fee will be charged to the customer.
To rearrange delivery please contact our Customer Service team by email at email@example.com.
In case customer does not accept the delivery the return shipping charges along with Import duty in dubai will be borne by customer and same shall be deducted from customer amount. So please make sure your availability during delivery of the shipment.
10.4. Delivery of an order shall be completed when we deliver the Products to the address you give to us when completing your order on our Website and the Products will be your responsibility from that time.
10.5. You own the Products once we have received payment in full, including all applicable delivery charges.
10.6. Delivery problems:
THEODORE AND C. will not be liable or responsible if your delivery is affected by an Event outside our control including in the event of overly long delivery time caused by the transportation services, and in the event of the loss of the Products ordered. If a delivery is late, you must inform the Customer Service team as soon as possible, by email sent to firstname.lastname@example.org. We shall then contact its chosen carrier in order to initiate an enquiry. Enquiries may take some time.
10.7. Upon receipt of the Products ordered, you must check that the Products are as per your order completed on our Website. Any delivery anomalies (missing or broken Products, parcel damaged, etc.) must be noted by you on the delivery note including the returns form presented to you when the parcel is delivered and must imperatively be notified to the Customer Service team, by email sent to email@example.com, specifying which product does not match the order.
10.8. You have a legal right to return a Product to us if it is faulty or damaged or you have not received the Product you ordered. We will examine the case as quickly as possible. If the damaged or non-compliant nature of the Product is confirmed by us, we will send you a new package including the product that was damaged or missing.
10.9. We may request that you return the full or partial order. In this case, we will refund any delivery costs you have paid, although as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. We will ship your new order upon receival of the damaged/faulty one.
Note that only in these specified circumstances (faulty, damaged, non-compliant Product) will we pay the reasonable delivery costs you incur in returning the Product(s) to us subject to the inclusion of a returns proof of postage receipt
- PERSONAL INFORMATION
- ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
- PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, farm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The Service and Products delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall THEODORE AND C. PORTAL , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any Products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless THEODORE AND C. PORTAL and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforce ability of any other remaining provisions.
- OTHER IMPORTANT TERMS
18.1. We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms and Conditions.
18.2. You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.
18.3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms. If one or more stipulations of these Terms and Conditions is deemed invalid or declared invalid pursuant to a law, regulation or following a definitive decision by a court having jurisdiction, the other stipulations shall retain their full force and scope.
18.4. If we fail to insist that you perform any of your obligations under these Terms and Conditions and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. These Terms and Conditions and the dispatch confirmation email sent to you together form a contractual whole and constitute the entirety of the contractual relations between us.
18.5. In the event of a contradiction between these documents, these Terms and Conditions shall prevail.
18.6. These Terms and Conditions and the contractual relations between THEODORE AND C. and you shall be governed by the laws of Dubai. This means a contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by Dubai law. The parties agree that the courts of Dubai will have exclusive jurisdiction.