Last update April 20th, 2020
1.1. This website and on-line store www.optifashion.com is owned and managed by Optifashion LLC, a limited liability company registered in the United Arab Emirates under license number 548803, with registered office at Executive Towers - Aspect Tower, Office 2902, Business Bay, Dubai, United Arab Emirates (the "Vendor").
2.1. Article(s): fashion eyewear, and any other product sold on the Online Store.
2.2. Sales Contract: agreement between the User and Optifashion for the on-line sale of the Article.
2.3. General Conditions of Service and Sale: these general conditions (hereinafter the “GCS”) also called “Terms & Conditions”
2.5. Parties: The i) User/Purchaser and the ii) Vendor, corresponding to the parties that conclude the contract. Defined also as i) “You” or “Your” or “Yourself” or “User” or “Purchaser” and ii) “Optifashion” or the “Vendor”
2.6. Online Store: the quality sunglasses and any other product sold on the on-line store at the web address http://www.optifashion.com/, hereinafter also referred to as “Optifashion”.
2.7. Optifashion Boutique: the Optifashion stores indicated on the website www.optifashion.com at the time of purchase.
2.8. User or Purchaser: the consumer using or placing orders on the on-line store Optifashion. Often referred to as “You”
2.9. Vendor or Optifashion: Optifashion LLC.
3. IDENTIFICATION OF THE VENDOR
3.1. The goods to which these general conditions refer are offered and placed for sale on the Online Store http://www.optifashion.com/.
4. FIELD OF APPLICATION OF THE GCS
4.1. These General Conditions govern the use of the Online Store Optifashion by You. By placing an order on the on-line store, You accept the application of the General Conditions.
4.2. These GCS, which are valid as specifically indicated for all geographical areas from which it is possible to place orders and to which shipments can be made, may be modified at any time. Where a local regulation establishes mandatory contractual conditions, which are more favorable to the consumer, those conditions shall prevail where better than those given in these GCS.
4.3. Any amended and/or new conditions shall be in force from the time of publication in the "General Conditions" section of the Online Store. For this reason, Optifashion invites You to check the publication of the most recently updated GCS. Notwithstanding, the applicable GCS are those in force on the date of submission of the purchase order.
5. REGISTRATION TO THE ONLINE STORE
5.1. The Online Store is reserved exclusively for Users aged 18 (eighteen) and above and who intend to purchase the Articles for purposes which are not related to any commercial, trade, business or professional activity exercised. Purchases by retailers or wholesalers, and generally, by anyone intending to purchase the products offered for sale on the Online Store for the purpose of subsequent resale are not permitted on the Online Store. It is therefore forbidden for such persons to register with the Online Store and purchase Articles on the Online Store.
5.2. Optifashion reserves the right to refuse orders where Optifashion, at its sole discretion, believes there are anomalies concerning the quantity of products purchased or the frequency of purchases made on the Online Store. Optifashion reserves the right to delete Users who are not consumers or who have not entered all required data.
5.4. Registration with the Online Store is free. To register, You must complete the registration form, entering Your name, surname, e-mail address, password and click on "Create an account" at the bottom of the form. Registration will be confirmed when You will receive an e-mail by Optifashion.
5.5. The registration credentials must be used exclusively by You and may not be transferred to third parties. Optifashion advises You to keep them secret and prevent their disclosure to or use by other persons and to immediately notify the Vendor in the event of suspected misuse and/or disclosure of the credentials.
5.6. Should You choose to register with the Online Store, You agree to provide complete and truthful personal information. As a user of the website, You accept to hold Optifashion is not liable for any claims for compensation and/or sanctions relating to the breach of the registration rules for the Online Store.
6. ORDER PLACEMENT PROCEDURE AND CONCLUSION OF THE SALES CONTRACT
6.1. The contract between Optifashion and You is concluded, following acceptance of these GCS, exclusively on-line when You access the website http://www.optifashion.com/ where, following the procedures indicated, You formalize a proposal for purchasing the Articles.
6.2. An order is issued by selecting an Article in the Online Store, by choosing the type and/or color, and by clicking "Add to the Shopping Bag" or the button having same meaning. To make the payment, You must click on the "Shopping Bag" button, where a summary of the order will appear, including the prices, applicable taxes, if any, and the shipping costs as shown in the Shopping Bag. If You accept, You may continue by clicking on "Proceed with purchase". Before confirming an order, You must already have accessed Your account or, if You do not have an account, You may provide all the data required to process the order by following the procedure. You must then select the payment method and thereafter press "Confirm Order". As soon as the payment has been accepted, You will see the order confirmation on screen on the Online Store. You will also receive a copy of the order confirmation via e-mail. Such confirmation will be sent to the address indicated by You on the registration form and/or during the purchasing process.
7. CONCLUSION OF THE SALE CONTRACT AND ORDER CANCELLATION
7.1. The sale contract is concluded once You have completed the order form, made the payment and after Optifashion has sent You the order and payment confirmation form by e-mail, after the order summary and confirmation has been given on the web page, mentioning all the details of the purchaser and the order, the price of the Article/s purchased, the shipping costs and any other accessory charges, the payment terms and methods, the address where the Article/s will be delivered, the delivery times and an indication of the right of withdrawal.
7.2. After placing an order, You will receive an email from Optifashion containing all the details of the Sales Contract. Optifashion may also be in touch if it needs further information to verify Your payment. Once Your order is approved You can track its status from Your Optifashion Account Dashboard.
7.3. Optifashion reserves the right to refuse orders for any reason whatsoever. Optifashion also reserves the right to cancel any purchases (an order already accepted by Optifashion) in the event of conditions including but not limited to the following, without being held liable for any damages and/or costs (in this case the contract will be deemed to be terminated by mutual consent) outside the refund for the amount paid in connection with the canceled contract:
7.3.1. the Article is not available / in stock (any payments will be refunded); if only a part of the Articles indicated in the order are available, Optifashion will contact You to ask whether You intend to cancel the order or You are willing to receive only the goods available; in this case You will be charged only the amount related to the Articles You will receive or will be refunded the relative amount if the payment has already been made.
7.3.2. the invoicing data sent by You are incorrect or cannot be verified;
7.3.3. the order is marked by the security systems as an "unusual order" or an "order susceptible to fraud". In case of suspected fraud, before proceeding to the order cancellation, Optifashion reserves the right to carry out checks on the bank details and/or on the identity of the Purchaser. By finalizing the purchase process, the Purchaser undertakes to provide Optifashion with the information and documents required to carry out such audits. In absence of such information and documents, Optifashion reserves the right to cancel the order subject of the audit.
7.3.4. payment by bank transfer is not received within 5 consecutive days following the acceptance of the User's order;
7.3.5. Optifashion has reason to believe that the order was issued by a minor (User aged under 18 (eighteen);
7.3.6. Optifashion has reason to believe that the order was placed by a retailer or other professional purchaser;
7.3.7. Optifashion cannot deliver to the delivery address provided.
7.4. As Your purchase will be prepared quickly for dispatch, please contact Optifashion as soon as possible to cancel or make any changes to Your order. In case Your order has already been picked up by the courier, You don’t have to worry because Optifashion offer a Free Return service (as provided for in the next Article 17). If You ordered a customized item (optical lenses or custom-made contact lenses) Optifashion can only accept cancellations up to 12 hours after You placed the order. Optifashion reserves the right to delay the shipment if the order cannot be sent in a single shipment. Orders placed separately will be shipped separately.
8.1. On Optifashion You can pre-order items that have an expected shipment date in the coming months. Items that can be pre-ordered are indicated in the catalogue and in the product page with the PRE-ORDER label.
8.2. If You pre-order with a credit card, the full price will be deducted the same day in which the order is placed. If You decide to pay for a pre-order by bank wire transfer, payment must be sent within 48 hours from the time in which the order was placed. Pre-orders with Cash on delivery as payment method will not be accepted.
8.3. For pre-orders, details and the shipping country cannot be changed for any reason. The expected shipment date indicated in the product page is the confirmed date given to Optifashion by the supplier. Optifashion is not responsible for changes to the delivery date, cancellations or modifications of pre-order items caused by supplier production changes. If a pre-order item can no longer be delivered, the amount payed will be refunded using the original payment method. Pre-order items will be shipped as soon as they are available.
9. PRODUCT AVAILABILITY
9.1. Optifashion ensures the prompt processing of orders via its on-line computer system. For this purpose, it indicates the products available or not available in its e-catalogue, and relative shipping times, in real time.
9.2. If an order exceeds the quantities available in stock, Optifashion will send You an e-mail or call You to inform You that the product is no longer available or, alternatively, to inform You of the waiting time for receiving the chosen products, asking whether You intend to confirm the order or not.
9.3. The order form will be archived in the Optifashion database for the time required to process the order and, in any case, according to the applicable law.
9.4. The language available to You for the conclusion of the contract is English.
9.5. Optifashion reserves the right to refuse orders from those users who do not offer sufficient guarantees of solvency or with whom disputes are pending.
9.6. If the product ordered is not available, You will be promptly notified by e-mail and the purchase order will be cancelled. If the payment has already been made, Optifashion will refund the total amount paid by You - consisting of the purchase price, the shipping costs and any other additional costs - promptly and in any case within 30 (thirty) days following the day subsequent to the submission of the order. The amount of the refund will be notified by e-mail and accredited in the same payment methods You used at the time of purchase.
9.7. Any delay in the refund may depend on the bank, the type of credit card or the payment method used. In any case, the transfer date of the accredited amount will be the one of the payment.
10.1. All sales prices of the products shown and indicated on Optifashion are expressed in UNITED ARAB EMIRATES DIRHAMS (“AED”). Transactions will be made in AED, while You will be given the possibility to view the price in Your own currency for information purposes only, using the automated conversion function, if available.
10.2. For shipments in United Arab Emirates (UAE), no additional import duties are required and the price shown on the Online Store is the price You pay. For shipments outside of the UAE, additional costs may apply for customs duty and local taxes ("Additional Costs").
10.3. All Optifashion’s shipments and returns are totally free of charge, so all prices shown on the Online Store include shipping costs. The price shown on the Online Store do not include Additional Costs and any accessory charges (for example, gift packaging), if these costs are applicable. In the purchase procedure, You will be informed of any costs, which are shown in the order summary page and which must be authorized by You when confirming the order.
10.4. For shipments outside the UAE, for which Additional Costs may apply. You may be invited to accept these Additional Costs via the checkbox at check-out. In case You refuse to receive the delivery or to pick up the Article from Customs, except for the case of withdrawal from the Sales Contract, at the option of Optifashion, the Sale Contract would be considered terminated. Therefore, Optifashion shall have the right to get the Article back and shall refund You the price of the Article, deducting the Additional Costs and costs of return (the Reimbursement). Optifashion reserves the right to withhold the Reimbursement until the Articles are received back.
10.5. The product prices may be modified without notice, notwithstanding the price charged to You is the price published in the product sheet at the time of placing the order. The products will remain property of Optifashion until payment by You of the purchase price, shipping costs and any other additional costs.
10.6. The prices shown on the Online Store and/or advertised may be modified at Optifashion’s sole initiative and without notice. The prices in AED shown in the order confirmation sent to the e-mail address indicated by You in compliance with Article 5.4 above shall be deemed binding, even when the prices indicated in the order confirmation are higher than the prices shown in the Online Store.
10.7. Sales and promotional periods published on Optifashion may be of a limited duration and may vary according to the geographical area from which You access the website. The date of validity of these offers is indicated on the Online Store and it may be notified to You via e-mail informing of the start of the sales period.
11. PAYMENT AND REFUND METHODS
11.1. Optifashion accepts exclusively the forms of payment indicated on the website, including but not limited to Credit and Debit Card (circuits available on Optifashion: Visa, Mastercard, American Express, Discover and Dinners), Apple Pay and Cash on Delivery.
11.2. If You require an invoice, You should tick the "Request invoice" box at the checkout, providing all data needed to issue the invoice correctly (VAT Reg. no./Tax ID code/TIN). It will not be possible to request an invoice after the payment has been processed.
11.3. Any refunds will be accredited promptly. Refund will be issued using the same method used as payment method by You at the time of purchase, as governed by clause 15 of this contract.
11.4. In the event of returns, the accredited amounts will correspond to the price paid by You (list prices, net of any discounts if the order was placed using any promotions, discount codes or during sales) in the methods indicated for each type of payment method used.
12. DELIVERY TIMES AND METHODS
12.1. Optifashion will deliver the products ordered by the method chosen by You or indicated on the Online Store at the time of order, as confirmed in the confirmation e-mail and having received the relative payment.
12.2. Optifashion aims to deliver the goods to You in the shortest time possible. Shipment will take place within 2-4 working days from confirmation of both the order and the payment (excluding orders paid with Cash on Delivery). Only in the case of optical lenses or custom-made contact lenses, shipment will take place in an additional (maximum) 6 working days (for a total of maximum 10 working days). If Optifashion is not able to ship within these terms, we will promptly inform You by e-mail. If Optifashion cannot ship the Article within 30 (thirty) days of issue of the order, You have the right to withdraw from the purchase agreement, with the right to be refunded the amount already paid. The aforementioned right to withdraw from the purchase agreement, and the right to be refunded shall not apply if the parties agree on other delivery terms.
12.3. Delivery times for each product will be specifically indicated during the purchase procedure and in any case prior to completing the purchase.
12.4. Deliveries are made by courier from Sunday to Friday (excluding public holidays) between 8am and 6pm in business areas and between 10am to 8pm in residential areas1. Optifashion reserves the right to use other delivery methods.
12.5. Delivery is deemed to be completed when the product is made available to You at the delivery address specified in the order form.
12.6. If delivery is not possible due to the absence of the recipient at the address specified in the order form, the courier will leave a card to certify that delivery was attempted (so-called transit note). The card will indicate the phone number which You must call to ask the courier to attempt a second delivery, or the procedure to be carried out on the Internet. After 3 (three) delivery attempts, the package will be withheld. At this point the Optifashion Customer Care will contact You to release the package on hold and ensure that it is delivered as soon as possible. If necessary, Optifashion may agree with You to modify the delivery address. If the delivery attempt following contact by Optifashion is also unsuccessful, or if You do not respond to the contact attempt, the package, after 3 (three) days from the last contact attempt, will be returned to Optifashion and You will be notified of this circumstance by e-mail. You acknowledge that, after 30 (thirty) days after the package has been returned to Optifashion, the contract will be deemed to be terminated due to the impossibility to deliver, and the purchase order will be terminated.
12.7. Having terminated the contract, Optifashion will proceed to refund the total amount paid by You, having deducted the cost of unsuccessful delivery storage and return of the products. Termination of the contract and the amount to be refunded will be notified to You by e-mail. The refunded amount will be accredited using the payment method used by You for the purchase.
12.8. If, prior to the expiry of the (30) thirty-day period You ask to receive the purchased products again, Optifashion will proceed with delivery once more, having charged not only the costs of shipment (if due) but also the costs of returning the products to Optifashion.
13. LIMITATIONS OF LIABILITY
13.1. Optifashion shall not be liable for any disservice caused by force majeure preventing the processing of orders in the times laid down in the contract (including but not limited to natural disasters or catastrophes, acts of terrorism, strikes, network malfunctions and/or blackouts).
13.2. Optifashion shall not be liable to You, except in the case of willful misconduct or serious negligence, for disservices or malfunctions linked to the use of the Internet which are beyond its own control or that of its sub-suppliers.
This is the list of areas not served on daily basis, which has not to be considered fully comprehensive and it might be changed:
Abu Dhabi: Musaffah, GAMCO (Gulf Aircraft maintenance co), Airport terminal 1, After airport site office, Al bahia, Al Khatam, Al Khazna, Al Raha, Al Rahba, Al Saad, Al Samha, Al Sila, Al Watba, Areas starting with telephone number 51******, Bainoona, Baniyas, Beda Zayed, Buhasa, Ghayati, Habshan, Jabel Dhana, Journ ya Four, Liwa, Madinat Zayed City, Mafraq, Mirfa, Mohd Bin Zayed City, Ruwais, Sahamah, Sila, Suwehan, Tarif, Taweelah, Yahar, Asab, Yas Island, Gandoot, Sir Baniyas, Guwaifath, Das Island, Musaffah-ICAD City 2, Al Wagan, Al Hayer, Al Remah, Shuhaib, Al Oha, Zakher, Maqam, Hill, Meyzad (after camp).
Deliveries cannot be made to islands that come under Abu Dhabi jurisdiction, all security-controlled zones and defense areas. As an alternative arrangement, these shipments can be held at the Aramex Abu Dhabi office for the consignee’s collection between 07:30 to 19:30 hrs.
Al Ain/Ajman/Umm Al Quwain/Fujairah/Ras Al Khaimah vicinity: Al Wagan, Al Hayer, Al Remah, Shuhaib, Al Oha, Zakher, Maqam, Hill, Meyzad (after camp) , Adan, Al jeer, Shamm, Khath, Burairath, Siji Al Hail (crushers/dusan site), Shahma residential area (Dhaid).
13.3. Moreover, Optifashion shall not be liable for damages, losses or costs borne by You following the non-implementation of the contract due to causes not attributable to them, as You have the right only to a full refund of the price paid and any accessory costs borne.
13.4. Under no circumstances shall You been deemed responsible for delays or difficulties in payment if You can demonstrate that the payment was made in the times and methods indicated by Optifashion. Optifashion shall not however be liable for any delays in the receipt of payments due to payment systems managed by third parties and consequently shall have the right to delay the order confirmation until the effective confirmation of receipt of payment.
13.5. The images and colors of Optifashion products published on the Online Store may differ from the actual ones due to the settings of the IT system and/or computers used by You to view them. Optifashion undertakes to correct any errors found in the description of the products offered in the on-line store, in the shortest possible time after the errors are reported. Please report any errors by contacting Optifashion by e-mail: [email protected].
14. LIABILITY FOR DAMAGE DUE TO FAULTY PRODUCTS
14.1. The manufacturer of the raw material and/or manufacturer of the finished product or any components thereof are liable for damage caused by product defects. Optifashion is liable for damage caused by defects of the sold goods if it omits to notify the party who suffered the damage caused by product defects (the “Injured Party”), within 3 (three) months of the request of the identity and domicile of the manufacturer or person supplying the goods.
14.2. Such request by the Injured Party must be made in writing and must indicate the product which caused the damage, the place and date of purchase; it must also contain the offer to view the product, if this still exists.
14.3. Optifashion shall not be held liable for the consequences deriving from a faulty product if the defect is due to product non-conformity, or a binding law or provision, or if the state of scientific and technical knowledge at the time in which the manufacturer put the product into circulation did not yet allow the product to be considered faulty.
14.4. No compensation will be due if the Injured Party was aware of the product defect and deriving hazard and despite this was voluntarily exposed to it.
14.5. In any case, in order to be awarded the compensation, the Injured Party shall prove the defect, the damage, and the causal link between the defect and the damage.
14.6. The Injured Party may apply for compensation for damages caused by death or personal injury or the destruction or deterioration of something other than the faulty product, provided that such product is of normal intended use or private consumption and thus used mainly by the Injured Party.
15. WARRANTIES AND METHODS OF ASSISTANCE
15.1. Optifashion shall respond for any conformity defect which may appear within 1 (one) year from the delivery of the goods. During this warranty period Optifashion will be able to repair the faulty product at no charge.
15.2. For the purpose of this contract, it is presumed that Your goods conform to the contract if, where pertinent, the following conditions are all satisfied: a) they are suited for the intended use of goods of the same type; b) they conform to the description given by the Optifashion and possess the qualities of the goods which Optifashion presented to You as a sample or model; c) they have the usual qualities and performance of goods of the same type, which You can reasonably expect, considering the nature of the goods and, where applicable, any public declarations of the specific characteristics of the goods made in this regard by Optifashion, the manufacturer or his agent or representative, in particular in any advertising or labelling; d) they are also suited to the specific use required by You and which was notified to Optifashion at the time of concluding the contract and which Optifashion also accepted as conclusive facts.
15.3. The conformity defects must be reported to Optifashion within 2 (two) months of the date in which the defect was discovered. The defect does not need to be reported if Optifashion has acknowledged the existence of a defect or has hidden it.
15.4. In any case, unless otherwise proven, it is presumed that the conformity defects discovered within 6 (six) months following the delivery of the goods already existed on that date, unless such hypothesis is incompatible with the nature of the goods or the nature of the conformity defect. 15.5. In the event of a conformity defect, You may request, alternatively and at no cost, at the following conditions, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request cannot objectively be satisfied or is excessively onerous for Optifashion.
15.6. The request must be made using the contact form available on the Online Store or sending an email to [email protected], who shall indicate its willingness to comply with the request, or the reasons preventing it from doing so, within a reasonable period of time following receipt. In its communication accepting Your request, Optifashion shall indicate the methods of shipment or replacement of the goods and the term for the return or replacement of the faulty goods.
15.7. If repair or replacement is impossible or excessively onerous, or Optifashion has not proceeded to repair or replace the goods within the term set in the previous point or, finally, the previous replacement or repair has caused great inconvenience to You, You may request either a reasonable reduction of the price or the termination of the contract. You should in this case send Your request to Optifashion, who shall indicate its willingness to comply with the request, or the reasons preventing it from doing so, within 7 (seven) working days following receipt. In its communication accepting Your request, Optifashion shall indicate the proposed price reduction or the methods for returning the faulty goods. In this case You must indicate the methods for refunding the amounts previously paid to Optifashion.
15.8. Optifashion declares that the repair or replacement times are linked to the response times of the suppliers. Optifashion reserves the right to contact the suppliers of the products before confirming any repair/replacement/price reduction to You in order to check the availability of the products with the manufacturer, the warranty and the methods of managing faulty products.
16. OBLIGATIONS OF THE USER
16.1. Optifashion asks You to pay the price of the purchased goods in the times and methods set forth in the contract.
16.2. Optifashion invites You, having completed the on-line purchase procedure, to print and keep a copy of this contract (GCS).
16.3. Optifashion asks You also to promptly notify Optifashion of any change of address and/or transfer of premises. The risks of non-notification by You of any change of address and/or transfer of premises shall lie entirely with You. If no changes or residence and/or transfer notices are given, You will be considered to be domiciled at the address indicated by You at the time of order and You shall be responsible for the ordered Article.
16.4. The information contained in this contract (GCS) has already been read and accepted by You, as this step is a mandatory prior to confirming the purchase order.
17. RETURNS AND REFUNDS
17.1. If any items You purchased fail to meet Your expectation, You can ask for a refund within 30 (thirty) days from the date of receipt of the purchased goods. The returns are totally free of charge (with the exception of applicable taxes or import duties).
17.2. You may return the product(s) to us either: - by visiting the Optifashion Boutique. You may then proceed to the Concierge desk in the store. - by courier. You can request a return sending an email to [email protected] and Optifashion’s Customer Service will arrange for a pick up via our partner courier service.
17.3. If You are not able to return the product via one of the two above options, must in any case return the product to Optifashion in any Optifashion Boutique. If the You package gets lost, Optifashion declines all liability and will not be able to process the refund.
17.4. Your right to a refund only applies to product(s) that are returned in the same conditions as You received them: all products must be returned to Optifashion unused, unworn and in sellable conditions with all related accessories, in their original box and packaging. Returns that are damaged may not be accepted and may be re-shipped to You.
17.5. Once Optifashion has received and inspected the returned product and approved the return by email to You, the refund will be processed as per below:
17.5.1. For sunglasses, optical frames and stock contact lenses: Optifashion will issue a refund of a value of 100% of the price You paid. The refund will be credited back in the same credit card You used to pay Your original purchase within 10 working days from the return date. Refunds can take up to ten (10) business days to show on Your account due to varying processing times between payment providers. If You paid by Cash on Delivery, You will receive an e-voucher of the same value of Your original purchase to be used in Optifashion.com within 12 months.
17.5.2. For optical lenses and custom-made contact lenses: Optifashion will issue a refund of a value of 50% of the price You paid. The refund will be issued in the form of an e-voucher to be used in Optifashion.com within 12 months. If any optical lenses or custom-made contact lenses are defected or they do not correspond to the ones You ordered; You will be fully refunded.
17.6. In circumstances where You consider that the product does not conform to Your order, You should promptly contact Optifashion via the web form or sending an email to [email protected] with details of the product and its damage. You may return the product in any Optifashion Boutique in UAE or by giving it to the courier arranged by Optifashion. Upon receipt of the returned product, Optifashion will fully examine it and notify You via email of Your right to a replacement, a refund (if any) or the reduction of the price, within a reasonable period of time. Optifashion aims to process the refund or replacement as soon as possible and, in any case, within 30 days from the day the confirmation of a refund or replacement for the non-conforming product was sent via email. The refund will be credited back in the same credit card You used to pay Your original purchase. If You paid by Cash on Delivery, You will receive an e-voucher of the same value of Your original purchase to be used in Optifashion.com within 12 months.
17.7. Optifashion does not process any exchange but, in case You wish to change Your purchase with a different item, You should first process the return and then proceed with a new purchase.
18. REASONS FOR TERMINATION 18.1. Your obligations laid down in clause 14, and the guarantee of payment laid down in clause 9.3, as well as the precise fulfilment of the obligations undertaken by Optifashion in clause 13, are of an essential nature, therefore it is expressly agreed that the breach of even one of the said obligations, where not determined by unforeseeable circumstances or force majeure, shall lead to the termination of the contract without the need for any court judgement. The termination will take effect 15 (fifteen) days following the receipt of the registered letter with delivery receipt in which the breach is reported to the other party and if the reported obligation is not fulfilled in the same term.
20. CORRESPONDENCE AND COMPLAINTS 20.1. You may ask for any information and/or send any notifications and/or submit complaints concerning the sales, purchase orders, products, payments, shipments, etc. Correspondence and any claims sent to Optifashion will be deemed valid only where sent by e-mail to [email protected]. Therefore, You shall indicate in the registration form the phone number or e-mail address where You wish to receive correspondence from Optifashion.
21. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
21.1. Contracts concluded with Users of the Online Store are governed by the laws of the United Arab Emirates and those of the Emirate of Dubai, where applicable, and by this agreement.
21.2. Any disputes concerning the application, performance, interpretation of these General Conditions of Sale shall be referred to the Court of Dubai.
21.3. Optifashion hereby guarantees, in the event of disservice or a dispute between Optifashion and Yourself, its willingness to attempt any amicable settlement You might promote.
22. FINAL CLAUSES
22.1. This contract repeals and replaces all other written or verbal agreements, understandings, negotiations made previously between You and Optifashion concerning the subject of this contract.
22.2. Optifashion reserves the right to modify, suspend or terminate the sales on the Online Store. Optifashion shall not in any way be held liable to You or third parties for such modification, suspension or termination.
22.3. These General Conditions of Service and Sale may be updated. Therefore You are invited to consult the published version and the date of updating. The GCS published and in force at the time of the conclusion of the sale contract (in accordance with clause 7) between the Parties shall in any case remain valid.