TERMS & CONDITIONS

DEFINITIONS

Seller: Vertigo Garments Trading LLC (“VGT”)

Buyer: a natural person who is of legal age and who is not acting within the context of practicing a profession or conducting a business, with whom the Seller concludes an Agreement.

Order: an Order placed by the buyer in accordance with the procedure described in Article 3 for the delivery of one or more Products.

Product: a Product that the Seller offers for sale on the Website.

Purchase Price: the price indicated on the Website for a Product, including the VAT and excluding shipping costs. 

Agreement: The Order, which the Seller has accepted as such.

Website: www.mashallah-dubai.com

APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS

These are the terms and conditions of sale (the "Conditions") of Vertigo Garments Trading LLC ("VGT"). These Conditions apply to all Orders placed by you, the Buyer, with VGT, the Seller, via its Website or otherwise outside a physical retail space. By placing an Order, you agree to the applicability of these Conditions on the agreement between you and VGT.

These Conditions set out the rights and obligations of the parties that apply to your Ordering of Products via the Website of VGT. It is therefore important that you take the time to read these Conditions carefully. VGT recommends storing these Conditions on your computer and/or printing them for your records.

ARTICLE 1: INFORMATION ABOUT VGT

VGT is a private limited liability company incorporated in the United Arab Emirates. The full contact information of VGT is as follows:


Vertigo Garments Trading LLC
The Elegant Space Business Centre DIP First, Bayan Building
Dubai, United Arab Emirates

Chamber of Commerce number: 1115947
VAT number: (N/A At the moment)
E-mail: customersupport@mashallah-dubai.com

ARTICLE 2: YOUR DETAILS

  • To enable the smooth and timely execution of the agreement by VGT, it is important that you correctly and completely provide your name, your e-mail address, and the delivery address as per the instructions. You are responsible for the accuracy of the details provided by you. You will find the full contact details of VGT under Article 1 of these Conditions.
  • VGT will use the details provided by you only in the manner indicated in the privacy statement, which is available on its Website.

    ARTICLE 3: OFFER AND AGREEMENT

    • When you buy an article via the Website of VGT, you enter into an agreement with VGT. The agreement starts when VGT has sent a confirmation to the e-mail address specified by you.
    • An agreement arising from an offer that contains an obvious mistake and/or error, such as an unusually low price, is not binding upon VGT. Please contact VGT when you doubt the validity of an offer.
    • VGT reserves the right to refuse the Order placed by the Buyer or delete the Buyers account in the following cases:

      • if the total value of the Order exceeds the sum specified in the payment section of the FAQs;
      • if the information submitted by the Buyer is false and/or incomplete, or if VGT can reasonably question its veracity;
      • if due payment by the Seller does not take place immediately after placing the Order by clicking on the button “Buy now”;
      • if the Buyer has already failed to fulfill their payment obligations towards VGT in the past;
      • if the Buyer has refused to accept and/or failed to collect any orders which they have placed with VGT in the past;
      • if there is an obvious or processing error in the prices given on the Website;
      • if the desired delivery address is not located in the Buyer’s country of residence;
      • if any activity from the Buyers account appears fraudulent or suspicious.

    ARTICLE 4: PRICE AND PAYMENT

    • The prices indicated on the Website are denominated in your local currency or in Euros or in US Dollars, are inclusive of Value Added Tax (VAT), and are exclusive of shipping costs. The return shipping costs will be borne by the Seller. The total Purchase Price due will be indicated when the Order is placed and when the Agreement is confirmed.
    • The Seller will be entitled to adjust the prices indicated on the Website from time to time without any notice being required. The prices indicated at the time at which the Order is placed will be deemed to be the prices that form part of the Agreement.
    • Payment may be made using the methods indicated on the Website. 
    • The Buyer is obliged to notify the Seller immediately regarding any errors in the payment details that the Buyer has provided to the Seller.

    ARTICLE 5: ORDER PROCESSING AND DELIVERY

    • VGT tries to process and deliver your Order as smoothly and quickly as possible.
    • Orders are shipped to the delivery address provided by you and via the means of delivery chosen by you.
    • If the delivery address is located outside the United Arab Emirates, it is possible that the country in question charges additional levies, such as import tax. VGT has no influence or control over such levies and can therefore not provide you with further information. You must check yourself if the Ordered articles can be exported and imported to the country in question and what the costs are, before placing such an Order.
    • Ownership of the Ordered Products passes to you as soon as VGT has received full payment.
    • VGT takes great care to ensure that Products are shipped accurately and in full. Should you unexpectedly receive incomplete or damaged Products, please contact VGT.
    • VGT does not carry stock based on sales estimations or forecasts. This is a VGT corporate principle put in place to address the risk of wastage, unsold inventory, unnecessary resource & labor utility, unnecessary carbon footprint creation, and other principles related to sustainability, conscious commerce, and respectful handling of Products that contain the element of religion. As such, VGT produces Products upon Order which generally means the an increased time between confirmation of the Order and receipt of Product by the Buyer.


    ARTICLE 6: CASH ON DELIVERY OPTION

    At our discretion, we may offer a Cash On Delivery (COD) option for certain orders, allowing customers to make payments in cash at the time of product delivery. When selecting the COD option, customers agree to pay the total order amount, including any applicable taxes, shipping fees, and handling charges, directly to the delivery personnel upon receipt of their order. Please note that certain products or regions may not be eligible for COD, and this option's availability will be clearly indicated during the checkout process.

    It is essential for customers opting for COD to ensure they have the exact order amount available in cash to avoid any delivery delays or inconveniences. Our delivery personnel are unable to process partial payments or accept alternative forms of payment under the COD option.

    Upon selecting the COD option, customers agree to the following terms:

    1. Verification: Our delivery personnel will verify the identity of the customer and inspect the order items before accepting the cash payment.

    2. Non-Transferability: The COD payment is non-transferable and must be made directly by the customer receiving the order.

    3. Cancellation: If a customer fails to accept the COD delivery or refuses to pay the total order amount upon delivery, we reserve the right to cancel the order and take appropriate action as per our cancellation policy.

    4. Legal Obligations: By selecting the COD option, customers confirm that they are legally permitted to make cash payments at their delivery location and understand that any illegal activity related to cash payments will be reported to the authorities.

    We urge customers to thoroughly review the terms and conditions associated with the Cash On Delivery option before proceeding with their orders. We reserve the right to modify or discontinue this payment method at any time without prior notice. For any questions or clarifications regarding the COD option, customers can contact our customer support team through the provided communication channels.

    ARTICLE 7: QUALITY

    • VGT tries to display Products on its Website as fully and accurately as possible. The nature of the offered Products may result in differences (such as color differences) between the display of Products on the Website and the Product delivered to you.
    • All the Products in the VGT collection meet your expected quality standards. However, we expressly point out that these Products are designed from an aesthetic point of view, and not with a view of optimum lifespan, practical usefulness, or ease of use.
    • The Products on offer on the Website, such as garments and accessories, are naturally subject to wear. The lifespan of a Product is partly dependent on the material of the Product, the intensity of use, and the level of care. The Products of VGT are made from the materials listed on the Website. For optimum lifespan and quality, it is important, where necessary, to follow the washing instructions.

    ARTICLE 8: RIGHT OF WITHDRAWAL

    • You have the right to terminate the agreement within 14 days after receipt of all the Products in your Order, without giving any reasons for doing so. This is the so-called cooling-off period. You can use your right to terminate the agreement by sending us the completed return form, but this is not required. You can also inform us in any other unambiguous way that you wish to terminate the agreement (for example by e-mail or post). More information about return options can be found on our Website.
    • If you choose to terminate the agreement as far as a particular Product is concerned, you are required to return this Product as soon as possible, but no later than 30 days after receipt of all the Products in your Order, to the address of VGT as stated in Article 1.1. The direct costs of the return shipment of the Product to VGT are for your own account.
    • In case of termination within the meaning of Article 8.1, VGT refunds the amount paid for the Product in question immediately and in any case no later than fourteen days after receipt of the notice that you wish to terminate the agreement, but not before VGT has received the returned Product in question or you are able to prove that the Product has indeed been returned. If, when placing your Order, you chose a different delivery method than the cheapest standard delivery used by VGT, we will not refund any extra costs resulting from this upon termination of the agreement.
    • The termination right within the meaning of Article 8.1 is meant to determine if the Product is suitable and if you indeed want the Product. It is permissible to use the Product as far as necessary to verify whether or not you actually want the Product, just like you would do in a retail space. Further use of the Product, such as wearing the Product in a public space or any other actual use, affects your termination right as set out in more detail in Article 8.5.
    • When you return a Product that you have damaged, has been washed, the labels have been removed, a Product is incomplete or a Product contains other signs of wear which show that you have used the Product more extensively than permitted under Article 8.4, you are liable towards VGT for the decrease in the value of the Product caused by you. VGT will deduct this decrease in value from the total amount to be refunded to you.
    • The termination right within the meaning of Article 8.1 does not apply to Products that are not suitable for return due to health and hygiene reasons and where the seal has been broken after delivery.

    ARTICLE 9: CHANGES TO THESE CONDITIONS

    If VGT decides to change these Conditions, it will publish the changed Conditions on its Website. You are advised to check on a regular basis if the Conditions have changed. Any changes do not apply to Orders that were placed before the date of the change.

    ARTICLE 10: COMPLAINTS

    • VGT tries to deliver the highest possible quality regarding its Products and services. Should you have any complaints, you can direct them to us by e-mail to: customersupport@mashallah-dubai.com. If you have gone through the complaint procedure, but want your complaint referred to another authority, you can contact the Dispute Commission via the European ODR Platform: http://ec.europa.eu/consumers/odr/.

    ARTICLE 11: FORCE MAJEURE

    • The Seller is not liable for any damage as a result of a delay in the delivery or a failure to deliver that has been caused by circumstances that impede the Seller from complying with its obligations, and that cannot be attributed to the Seller because they cannot be blamed on the Seller, and cannot be deemed to be for the Seller’s account in accordance with the law, a legal act or in accordance with generally accepted standards, such as - but not restricted to - war, threat of war, civil war, riots, a day of national mourning announced by the government, strikes, transport problems, trade limitations, problems with customs authorities, fire, flooding, earthquake or the bankruptcy of third parties engaged by the Seller, a failure on the part of the Seller’s suppliers to supply goods or a failure on the part of the Seller’s suppliers to supply goods in a timely manner, interruptions in the supply of goods to be delivered by third parties, including water and electricity, and other serious interruptions in the business operations of the Seller or third parties that it engages.
    • If as a result of a situation involving force majeure the Seller fails to comply with its obligations under the Agreement or fails to do so in a timely manner, the Seller will be entitled to perform the Agreement within a reasonable term or – if compliance within a reasonable term is not possible – to dissolve the Agreement in whole or in part, without the Seller being obliged to pay the Buyer any compensation in that respect.

    ARTICLE 12: INTELLECTUAL PROPERTY RIGHTS

    • Any and all marks, product names, logos, models, and designs (referred to below as the ‘IP Rights’) that are depicted on or affixed to the Products or otherwise related to the Products are the property of the Seller or one or more of its group companies. The Buyer acknowledges the Seller’s proprietary rights in respect of the IP Rights and will refrain from using the IP Rights in any way, and the Buyer will refrain from any conduct that could harm or otherwise negatively affect the IP Rights.
    • The Seller refers to the Website Terms of Use with regard to the intellectual property rights in respect of the Website.

    ARTICLE 13: GUARANTEE AND LIABILITY

    • The Seller is required by law to provide a Product that meets the contract with the Buyer.
    • The Seller is not liable for any indirect, additional, or consequential damage, of any kind whatsoever, that the Buyer sustains in connection with the Agreement. Under no circumstances will any direct damage, for which the Seller is legally liable towards the Buyer, exceed the Purchase Price. This provision is not intended to exclude the Seller’s liability in the event of bodily injury or death.
    • The Seller refers to the disclaimer with regard to its liability in respect of the Website and the use of the Website.


    ARTICLE 14: APPLICABLE LAW

    • United Arab Emirates law applies to these Conditions and to the agreements between you and VGT, with the exclusion of the Vienna Sales Convention. This choice of law shall not affect any further protection that you have based on the mandatory provisions of the law that would apply without this provision.

    ARTICLE 15: INVALID PROVISIONS

    • In the event that any provision contained in these General Terms and Conditions is invalid:
      • the remaining provisions contained in these Terms and Conditions will nonetheless remain in effect; and
      • the invalid provision will have to be interpreted as, or converted into, a valid provision having the same purport to every extent possible.

    ARTICLE 16: AMENDMENT TO THE GENERAL TERMS AND CONDITIONS

    • The Seller will be entitled to amend these General Terms and Conditions from time to time. The most recent version of the General Terms and Conditions will be placed on the Website. The Buyer must always consult these General Terms and Conditions before using the Website. If the Buyer is unable to consult the General Terms and Conditions via the Internet the Seller will send the Buyer a copy of the most recent version of the General Terms and Conditions by e-mail.