Terms and Conditions
Welcome to ExtraOutfit. These are the terms and conditions of services governing your access to and use of the website extraoutfit.com and its related sub-domains, sites, services and tools (the “Site”). By accepting these terms and conditions of services (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with ExtraOutfit (“ExtraOutfit” “we,” “us,” “our”) in relation to your use of the Site (the “User Agreement”). This User Agreement is effective upon acceptance and/or use of the Service. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
ExtraOutfit (“ExtraOutfit” “we,” “us,” “our”) provides its services (described below) through the “Site” and through its related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms and Conditions of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the change(s) on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, through an email notification or through other reasonable means. Any such changes will become effective immediately with or without notice. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
1. Services and Membership Description
The Service is designed to provide customers residing in the UAE with clothes (“items”) selected by our personal stylists from time to time (each shipment of items, an “ExtraOutfit Package”, “package”, “fashionBox”). You may sign up online by creating a member profile for yourself (providing information on what do you like to wear, what do you currently wear, what is your fit and fashion style, etc […]). After you decide that you want to order a package, our stylist will pack the package. Prior to sending your package, we may ask that you to pay for assembling the package by either cash on delivery, paypal or credit card. Your card may be validated through a charge of 1 AED which will be voided and returned back to your account. After the package with clothes been delivered to you, you will be given some period of time to try on the items and select the ones you would like to purchase. During this period or shortly after (no more than 3 days), you are required to submit a payment for selected clothes that you have kept by cash, paypal or credit card. The rest of the items shall be returned by you to us during or shortly after (no more than 1 day) after the ‘trying clothes on’ period. As soon as we receive your package back, the items will be inspected and you may be liable for paying for those items you have returned in damaged condition or decided to keep and have not paid for yet. You can pay in cash or you can pay by paypal or credit card on our website through Checkout in your Accont directory. Our partners, certified payment gateway provider, will handle all credit card transactions on their Secure Sockets Layer (SSL) software, which encrypts the order information you transmit. We, ExtraOutfit, do not store any of your credit card information. Once you submit the request for the next fashionbox, the stylist will compile and send the package to you on the agreed date. You will receive a message and/or email stating that the package is on its way and you will generally have at least 12 hours starting from the date and time you receive the package, to try-on the items in the package and request a pick-up of the whole package or certain items in the package (“try-on period”). You will receive a reminder from ExtraOutfit if necessary via your registered mobile phone number or registered email address, informing you of the need to return the package and advising you to arrange the date and time of the pickup of the package. If you do not request a pick-up of the package within the try-on period and as per provisions of the Delivery Conditions found below, you will be charged the full amount of the package. When the request for pick up is made, ExtraOutfit will arrange the pick up of the package on the agreed date. Once the package is received by ExtraOutfit, the stylist will carry out a check of the items in the package. If you will not do a Checkout yourself, ExtraOutfit will charge you for all items not returned in accordance with the Return Policy below. We may bill you earlier in certain circumstances (for example, if you request us to in writing, if we have reason to believe that the order is fraudulent, if there has been a pattern of credit issues).
2. Return Policy; Shipping
You shall return the ExtraOutfit Package or the items from ExtraOutfit Package which you do not intend to buy, within the agreed period after it has been delivered. Our stylist will inspect the returned package / items and check for any wear and tear on the items such as stains, smells, removal of tag, barcode or stickers..etc. For free returns, items must be unworn (other than “tried-on”) and returned in their original condition and must include all original tags and packaging. You will be charged the price of any returned items that are not in compliance with the Return Policy and you will also be charged for the delivery of such items as detailed in the Delivery Conditions. It is your obligation to make sure that the package is available for pick up from you at the preferred location as specified in your ExtraOutfit member profile on the date of agreed pickup. If you decide to have another person present at the preferred location to have the package picked up, then you should notify ExtraOutfit in writing prior to the scheduled pick up date. ExtraOutfit reserves the right to charge you for all items should the package be not available for pickup after three days from the scheduled date.
ExtraOutfit provides its services to resident of the UAE (United Arab Emirates). In case you reside in an area outside of the UAE, ExtraOutfit may, at its own discretion, decide to provide you with the Service.
3. Your Registration Obligations
4. Registered Account, Password and Security
You are responsible for maintaining the confidentiality of your password and account, if any, and you are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify ExtraOutfit of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. ExtraOutfit will not be liable for any loss or damage arising from your failure to comply with this Section.
5. Cancellation and Refund Policy
The stylist will pack the package as detailed in the description of Services. Due to the business model of the company, we do not charge the customer to pay for clothing items in advance. We do not have any Refund Policy as we do not charge you for any package / items returned in accordance with the Return Policy, Delivery Conditions. We may decide at our own discretion to refund costs of an item / package on a case by case basis. In the case of a refund, it will happen through the original mode of payment or in cash.
6. Delivery Conditions
The delivery of package will be made at the “Shipping Address” as specified on your ExtraOutfit member profile. You may be notified by email that the package is on its way. You will be informed of the expected delivery date and approximate time of delivery through phone, message, email or any other reasonable means of communication chosen by ExtraOutfit. You agree that you will receive the package on the scheduled date and time. We require that the package is received by you in person. If you decide to have another person present at the preferred location to receive the package, then you should notify ExtraOutfit in writing prior to the scheduled delivery. On receipt of the package, you should immediately inspect the items in the package and notify ExtraOutfit of any damaged items. The items would be considered as received in perfect condition should you not notify ExtraOutfit of any damages to the items. Should you decide not to keep the package, you must schedule a pick-up by informing us and sending an email to the email address specified in Contact Us section of the website or any other means of written communication. The package will be picked up from the preferred location as specified in your ExtraOutfit member profile. Package delivery and pick-up is free of charge unless you were charged for a returned item in accordance to the Return Policy. In this regard, should you decide to receive the item you were charged for, a delivery charge will apply.
7. Modifications to Service
ExtraOutfit reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ExtraOutfit will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. General Practices Regarding Use and Storage
You acknowledge that ExtraOutfit may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on ExtraOutfit’s servers on your behalf. You agree that ExtraOutfit has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that ExtraOutfit reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that ExtraOutfit reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. Conditions of Use
User Conduct: You are solely responsible for all photographs, video, images, information, data, text, software, music, sound, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by ExtraOutfit. ExtraOutfit reserves the right to investigate and take appropriate legal action against anyone who, in ExtraOutfit ’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
a- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortuous, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of ExtraOutfit , is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose ExtraOutfit or its users to any harm or liability of any type;
b- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
c- violate any applicable local, national or international law, or any regulations having the force of law;
d- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
f- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
g- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
h- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
11. Prices, Fees and Billing
To receive a ExtraOutfit Package, you may be required to provide ExtraOutfit with information regarding your credit card or other payment instrument. You represent and warrant to ExtraOutfit that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes that may occur. You agree to pay ExtraOutfit the charges incurred in accordance with this Terms of Service. You hereby authorize ExtraOutfit to bill your payment instrument in accordance with this Terms of Service until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let ExtraOutfit know within thirty (30) days after the date that ExtraOutfit bills you. The current price for each item will appear on the packing list along with the ExtraOutfit Package, when shipped to you. We may change the price we charge for a particular item (although the price of an item shipped to you will not change before the applicable try-on period is over). We reserve the right to institute fees for any portion of the Service, but if we do, we will provide notice of the change before your next ExtraOutfit Package is shipped. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services.
12. Commercial Use
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
13. Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by ExtraOutfit , you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of ExtraOutfit, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by ExtraOutfit.
The EXTRAOUTFIT name and logos are trademarks of ExtraOutfit (collectively the “ExtraOutfit Trademarks”). Other ExtraOutfit, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to ExtraOutfit. Nothing in this Terms of Service or the Service should be construed as granting, by implication, or otherwise, any license or right to use any of ExtraOutfit Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of ExtraOutfit Trademarks will inure to our exclusive benefit.
14. Third Party Material
Under no circumstances will ExtraOutfit be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that ExtraOutfit does not pre-screen content, but that ExtraOutfit and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, ExtraOutfit and its designees will have the right to remove any content that violates these Terms of Service or is deemed by ExtraOutfit, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
15. User Content Transmitted Through the Service
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant ExtraOutfit and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”) provided by you to ExtraOutfit are non-confidential and ExtraOutfit will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that ExtraOutfit may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ExtraOutfit , its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
16. Procedure for Claims of Intellectual Property Infringement
ExtraOutfit respects the intellectual property of others, and we ask our users to do the same. ExtraOutfit may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ExtraOutfit’s Service Agent the following formation:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
- A description of the copyrighted work or other intellectual property that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Site your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
ExtraOutfit’s agent for notice of claims of copyright or other intellectual property infringement can be reached via e-mail with the subject line “intellectual property”.
17. Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. ExtraOutfit has no control over such sites and resources and ExtraOutfit is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that ExtraOutfit will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that ExtraOutfit is not liable for any loss or claim that you may have against any such third party.
18. Social Networking Services
In addition, ExtraOutfit is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, ExtraOutfit is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. ExtraOutfit enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
19. Indemnity and Release
You agree to release, indemnify and hold ExtraOutfit and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
20. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXTRAOUTFIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
EXTRAOUTFIT MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY CLOTHES, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
21. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXTRAOUTFIT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE
22. Governing Law & Dispute Resolution
These terms are governed by UAE laws. In the event of any disputes between you and ExtraOutfit, the applicable law will be that of UAE governing laws. ExtraOutfit is open to first attempting to resolve the dispute in an informal and amicable manner.
However, if either party believes that the dispute cannot be resolved in such a manner, then the parties agree that any dispute, difference, controversy or claim arising out of or in connection with this contract, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (“the DIFC Courts”).
The seat of arbitration shall be the Dubai International Financial Centre in Dubai, UAE. The arbitration shall be conducted in the English language. The arbitration award shall be final and binding on the parties. The arbitral tribunal may award reasonable attorneys’ fees and the cost of the arbitration to the prevailing party.
Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
Any party may seek interim relief from any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets, to which both you and ExtraOutfit hereto do hereby submit for this limited purpose.
This clause shall survive any expiry or termination of this Terms of Service.
23. Termination and Deregistration
You agree that ExtraOutfit, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if ExtraOutfit believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. ExtraOutfit may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that ExtraOutfit may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ExtraOutfit will not be liable to you or any third-party for any termination of your access to the Service.
You may deregister from the Site at any time by following the instructions in your member profile. If you deregister from the Site while a ExtraOutfit package is in your possession, we, ExtraOutfit have the right to charge for the full amount in the package to the credit card verified on your ExtraOutfit profile.
24. User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and ExtraOutfit will have no liability or responsibility with respect thereto. ExtraOutfit reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and ExtraOutfit and govern your use of the Service, superseding any prior agreements between you and ExtraOutfit with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. The failure of ExtraOutfit to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will 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. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
26. Your Privacy
Questions? Concerns? Suggestions?
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.