Terms and conditions

https://www.cherinabeachwear.com is an online e-commerce platform (“Platform”) for the sale of luxury beachwear, swimwear, accessories, and other retail merchandise (“Products”). These terms and conditions (“Terms”) read in conjunction with the Privacy Policy govern your use of the website, govern the relationship between you as user of the Platform and us, and forms a binding agreement between us. These Terms shall apply to anyone viewing this Platform and not only those that are registered or those that use the services within the Platform. The term “you” “your” (or a similar reference) refers to you as the user of the Platform and the term “us” “our” “we” refers to the owner of the Platform being Cherina Beachwear LLC (domiciled in the United Arab Emirates) and its affiliates, subsidiaries and related entities. It is important to note these Terms shall be deemed to apply to anyone viewing this Platform and not only those that are registered with us. By using or viewing the Platform, you consent (without any limitation or qualification) to the Terms regardless of whether you have registered on the Platform or not. Please DO NOT USE the Platform if you do not agree to the Terms.

CONTENT OF, AND ACCESS TO THE PLATFORM

The Platform may be accessed on a mobile, tablet, laptop, computer, smart devices and other application program interfaces. The Platform showcases Products for viewing and purchase. The Products are manufactured by third parties. We do not guarantee the quantity, availability or quality of the Products in any manner except for the description provided whilst purchasing the Products. The Platform does not deal with nor wishes to deal with, any individual, user or entity that has international sanctions (whether trade, military, economic or otherwise) against them by an international, national or regulatory authority. If you are one of such sanctioned individuals or entities, belong to a sanctioned country or entity or region, or regularly deal with sanctioned individuals or entities, please DO NOT use the Platform. The Platform and us, do not and will NOT deal or provide any products to any of OFAC (Office of Foreign Assets Control) sanctioned countries in accordance with the laws of United Arab Emirates. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to:

• access and use the Platform solely in connection with its indicated use; and
• access and use any content, information and related materials that may be made available through the Platform, in each case solely for your personal use. Any rights not expressly granted in these Terms are reserved by us.

‘Registration’ on the Platform means and includes providing basic personal information such as name, contact details and private password to us for the purposes of completing purchase transactions through the Platform (“Registration”). Registration is restricted to one user per Registration and is not transferable to any third party, unless authorised otherwise by us. Upon Registration you accept to receive emails from us for the receipt of information, advertisement, and details relevant to Registration and Products or to your use of the Platform. If you have any objection or reservation about receiving our communication, please email us at info@cherinabeachwear.com however if you opt out of receiving emails, this may interfere with information relating to information of any of your orders or order updates. You may make purchases as a guest through the Platform. We retain complete rights at any time and without reason, advance notice, limitation or liability, to terminate or restrict your access to the Platform or not accept or decline Registration of a user account or to not accept or decline any requests whatsoever. YOUR REPRESENTATIONS AND WARRANTIES When you use this Platform, you make the following representations and warranties to us:

1. You shall use the Platform for legitimate transactions like viewing the Products or purchasing the Products.
2. You are an individual of 18 years and older, are legally allowed to view and transact on the Platform (if and as required) or are a properly and validly licensed entity in accordance with applicable laws;
3. You are aware the Platform can currently be globally accessed;
4. You have provided valid, true and accurate information at the time of Registration;
5. You consent to your Registration information being used in accordance with these Terms, our Privacy Policy;
6. The Platform and any content on and from the Platform will be used for your own personal use only in accordance with the Terms;
7. The security of your username and password on the Platform shall be your sole responsibility and you will immediately notify us if you lose access to your user account;
8. In accessing the Platform you will not seek to interrupt, interfere or act in any manner whatsoever that may be contrary to the Terms or the laws of the United Arab Emirates;
9. You will not commercialise the Platform in any manner by attempting to benefit or profit from Products that are not yours or claiming ownership of or interest in the Platform (or any part of it);
10. As a user purchasing products or services on Products, it is your responsibility to ensure you are certain and understand all aspects of any Products prior to making any purchase. As a Business you are responsible to ensure you are qualified and able to provide whatever is set out in the Products;
11. Downloads from the Platform are not permissible;
12. We are not a producer, supplier, seller or reseller of any services or products offered through Products;
13. You are solely responsible for the type and level of disclosures of information you make to any Businesses or that you provide to us; Our commitment with respect to confidentiality may be discerned in our Privacy Policy;
14. We do not make any guarantees or representations about the quality, timeliness, safety or delivery of anything relating to the Platform and you agree that we are relieved and indemnified from any issues or claims between you and Businesses or other users on the Platform;
15. The accuracy of any Products you claim (if you are a Business) or reviews you write (if you are a user) on the Platform depends on you;
16. You have no reservation or objection as user or Business to us promoting the Platform, the Business or the Product by name and reference on digital, social or print media; and
17. If you are a Business, you shall promote and positively mention the Platform and your Products (once claimed) on all your social media accounts.
18. You shall not use the Platform to transfer viruses, contaminating or destructive features or trojans, make any false, fraudulent or speculative reservation or to post or transmit any unlawful, defamatory, threatening, indecent, obscene, pornographic or profane comments or material or any material that will constitute or encourage conduct that would be considered a criminal or civil offense or otherwise violate any law.
19. You shall not use the Platform for any purpose that is unlawful or is prohibited by these Terms or applicable laws.
20. You agree that you are responsible to know and fully be aware of the laws applicable to you and to this Platform.

 

PURCHASES

Once any purchase is made through the Platform, you agree that your purchase has been made in accordance with these Terms. The confirmation will be sent electronically to your email address. Purchases may only be cancelled in accordance with our Cancellation Policy. Please remember that all orders are eventually subject to availability. There may be occasions that we run out of stock or the Products are not available for reasons beyond our control and in such case, we will refund you the portion of price for the unavailable Products. You will not be charged for Products that are unavailable. Unless otherwise notified, our “acceptance of your order” occurs when you receive an email notifying you that we have dispatched the Products (as ordered by you) as we confirm on our communication. Acceptance will be deemed to have occurred at the sending of this communication, regardless of technical problems you may experience, which may result in you having not received that email in a timely manner or not having received it at all for the time period stipulated in our order, in which case you are advised to contact us at info@cherinabeachwear.com We may not accept your order if without limitation):

• A Product you have ordered is out of stock.
• We are unable to obtain authorization for your payment.

We reserve the right to reject any offer to purchase by you at any time, and at our sole discretion. If you are not satisfied with any of the Products, then we welcome feedback through an email to returns@cherinabeachwear.com. Each of the Products are subject to further terms and conditions and we advise that you carefully read the specific description of each of the Products before you purchase. You will be bound by these Terms and the specific terms of the Products, and if there is any inconsistency between the specific terms of purchase relating to the Products and these Terms, the specific terms of the Products will prevail. We have no liability for any Products that you purchase and you are responsible for your purchases of the Products therefore do so, after your own careful review. In case any liability is established by a Court or adjudicating body in the United Arab Emirates in any matter against us, you expressly acknowledge and agree the maximum limit for any liability claim shall not in any event exceed the amount of the Products purchased by you in respect of the specific Products to which any liability relates.  

PRICING AND PAYMENTS

Products prices may be visible on the Platform in AED (United Arab Emirate Dirhams), USD (United States Dollars) or EUR (Euros). Product(s) prices are set at the beginning of each season or at our sole discretion, using existing currency exchange rates. The rates are subject to variation and may go up or down; therefore, prices are subject to change if the applicable currency exchange rate changes before your order is accepted. All currency priced products will be honoured as advertised unless it is obviously incorrect. Whilst every effort is made to make sure details of the Products on the Platform are accurate, if we discover an error in the pricing of a Product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for a Product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a Product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the Products, we shall refund the full amount. In the event that Products are recalled in transit, we will process your refund once the Products have been returned to us. The prices of the Products do not include any import duty and taxes for your delivery country. Payments made via the Platform may be accepted using Paypal or Bank Transfer or Visa and MasterCard credit/debit card and in case of use of credit/debit card, your credit/debit card will be immediately charged when purchases are made. All credit/debit card details and personally identifiable information will NOT be stored, sold, shared, rented or leased to third parties. Multiple transactions may result in multiple postings to the card-holders’ monthly card statement. Please refer to our Privacy Policy for more information on collection and storage of personal information. The cardholder must retain a copy of transaction records and relevant merchant policies and rules. You confirm that the payment method that is being used is yours or that you have been specifically authorised by the owner of the payment card to use it. All payment card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment method refuses to authorise payment, we will not be liable for any delay or non-delivery. With respect to credit card and debit card transactions, please note it is your responsibility to check with your bank first prior to making a purchase on the Platform that they do not levy any additional service, loyalty or convenience, finance, foreign exchange or other charges and fees for use of such cards. We will not be held responsible or liable for any excess charges made by banks to your credit or debit card. In future we may offer other modes of payment and in such case you will still be liable in accordance with the above provision for any excess or associated charges.  

SECURITY

All payment transactions on the Platform are processed using a secure online payment gateway that encrypts your details in a secure host environment. To help ensure that your shopping experience is safe, simple and reliable, the Platform uses Secure Socket Layer (SSL) technology. All care is taken, as it is in our power to do so, to keep the details of your order and payment secure. In the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Platform.   CANCELLATION POLICY   Purchases may be cancelled if notified within one (1) hour of placing order. Please contact us at info@cherinabeachwear as soon as possible. Purchases that are made over one (1) hour may not be cancelled. We are not obligated to cancel any purchase and any cancellation is solely at our discretion.   LIMITATION OF LIABILITY It is your responsibility to ensure you are certain and understand all aspects of any Products, each of which are subject to further terms and conditions and we advise that you read the specific terms or conditions of each, carefully. You will be bound by these Terms and the respective, specific terms of a Product, and if there is any inconsistency between the specific terms of a Product and these Terms, the specific terms will prevail. Accordingly, we have no liability whatsoever for any Services and you expressly agree and acknowledge that your sole and exclusive rights and remedies with respect to anything listed or advertised on the Platform are against the respective third party business you have transacted with, and not against us. Taking into account the above mentioned exclusion of liability, in case any liability is established by an entity with jurisdiction in accordance with these Terms, in a matter against us, you expressly acknowledge and agree that the maximum limit for any liability claim shall not in any event exceed the amount contributed by you to us in respect of the specific Product value to which any liability relates. THIRD PARTY SITES The Platform may include advertisements with external links on separate web pages (“Third Party Sites”). Once you click or access these Third Party Sites, you will leave the Platform. The Third Party Sites may select and deliver (separate and unrelated to this Platform) ad networks, advertising agencies, advertisers and audience segment providers. These third parties may collect information about you and your online activities, either on the Platform or on other websites, through cookies, web beacons, and other technologies in an effort to understand your interests and deliver to you advertisements that are tailored to your interests. Please remember we do not have access to, or control over, the information that these third parties or Third Party Sites may collect. The information practices of these third parties or Third Party Sites are neither covered in these Terms, Privacy Policy. We do not investigate, review, endorse, represent or control the content of any of the Third Party Sites, unless otherwise expressly stated in the Terms. We cannot be responsible or held accountable for the content displayed on Third Party Sites and you will access and use these Third Party Sites at your sole risk and liability. You also agree not to link any other site or Third Party Sites to the Platform without our express prior written consent and approval.  

SUBMISSIONS ON THE PLATFORM

You are welcome to contact us directly at any time with information, reference, ideas, concepts, know-how, techniques, comments or suggestions through our email address info@cherinabeachwear.com. Any information, reference, approved reviews, ideas, concepts, know-how, techniques, comments or suggestions that you may submit to us through the Platform shall be deemed and always remain our sole and exclusive property. We will be entitled to use or disseminate such information for commercial or other purposes at our sole discretion without any obligation to compensate or remunerate you. The information provided or submitted by users on the Platform does not constitute our opinion nor advice, and no information provided should be used or acted upon without seeking further specialist advice from a qualified advisor. We do not ascertain the validity of user-submitted ratings or other posts. You may read our copyrighted material and the reviews free of charge, but you are prohibited from the sharing, dissemination, or sale of this material.  

REFER A FRIEND

You may be requested to refer friends to us in which case you will be asked to provide their email address. We will send emails to each of your referred friends and you will be responsible to inform your referred friends accordingly by disclosing your friends details you confirm that you do so with their consent.  

INTELLECTUAL PROPERTY

All information contained in this Platform including photographs and descriptions (“Platform Materials”) are by way of illustration purposes only and are subject to change. By using this Platform, you waive any claim against us for any inaccuracy in the Platform Materials. The entire content of the Platform including but not limited to text, designs, graphics, photographs, video, interactive presentations, photographs, logos, text, arrangements and layouts are our sole and exclusive property or are licensed to us and all rights are reserved. All trademarks and trade names including ”Cherina Beachwear” and all other derivatives thereof including the trade marks appearing on the Platform are proprietary to us and may only be used by licensees to whom we specifically grant or license such rights. You agree not to use, disseminate, publish or reverse engineer any content or other intellectual property rights in this Platform without our prior written consent.  

SURVIVABILITY

If an adjudicating body with jurisdiction, finds any part of the Terms (or part of it) unenforceable or invalid then such part shall be deemed deleted and the rest of the Terms shall continue to be in full force and effect to the fullest extent permissible by the applicable laws.  

AMENDMENT

We reserve the right to change any content on the Platform including the Terms, Privacy Policy without any prior notice. The most recent version of the Terms, Privacy Policy will always be available on the Platform therefore you are encouraged to visit the Platform and read these Terms before you use it. Please remember that your continued use will automatically be deemed as your consent to these Terms.  

NOTICES OR COMMUNICATION

Any notices or communication under the Terms, Privacy Policy may be delivered to you electronically and such notification shall be deemed valid. If you wish to communicate with us, please feel welcome to connect electronically at info@cherinabeachwear.com.  

TERMINATION

We reserve the right to cancel or block access to this Platform in respect of any user(s) at any time without notice. We also reserve the right at any time, and for any reason to terminate this agreement in respect of any user(s) upon written notice by email. You may terminate your agreement with us by sending us written notice and discontinuing your use of the Platform or just immediately discontinuing use of the Platform.  

EFFECTS OF TERMINATION

Termination of the agreement between us (in these Terms) does not affect either party’s accrued rights or liabilities prior to the date of termination.  

GOVERNING LAW AND JURISDICTION

By using the Platform you expressly consent and agree to the governing law and jurisdiction of the United Arab Emirates over the terms of use and any dispute over the content of the Platform shall be subject to the exclusive jurisdiction of a single arbitrator under the rules of the ADGM with the seat in Abu Dhabi, United Arab Emirates irrespective of your geographical location to which you confirm you have no objection to.