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1.Contractual Relationship
a) Welcome to krismame.com (the “Website”). The owner and operator of the Website is Krisma FZE, a freezone establishment registered in the United Arab Emirates (“Krisma”, “we”, “our”, “us”)
b) These Terms of Use (the “Terms”) govern the access to and/or use of the Website by any individual, from within any country in the world.
c) Your access to and/or use of the Website constitutes your agreement to be bound by these Terms and establishes a contractual relationship between you and Krisma. If you do not accept these Terms, you may not access and/or use the Services as they supersede any prior agreement or arrangement whether written or oral.
d) Krisma may immediately terminate these Terms (partially or fully), or instantly cease any access to the Website or any portion thereof, at any time without any reason, and without any responsibility on the part of Krisma.
e) Krisma may amend the Terms from time to time, and such amendments will be effective upon publishing such updated Terms on the Website. Your continued access to and/or use of the Services after publishing such amendments constitutes your consent to be bound by the amended Terms.
f) Our collection and use of personal information in relation to the Services is subject to Krisma’s Privacy Policy located at https://www.krismame.com/en/privacy-policy and procedures that may be published by Kanoony from time to time which shall be incorporated herein by reference.
g) You will be required to register with the Website. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
h) Krisma shall have no responsibility for unauthorized access to your Account, and/or automatic forwarding of messages and/or viruses (caused by viruses or otherwise).
2.Use of the Website
a) In order to be able to make purchases through the Website, you will be requested to register. The information sought will allow Krisma to handle your transaction efficiently and effectively.
b) As payment will be made online, it is important that you enter all the requested information accurately. This will ensure that there is no delay in the dispatch of your order. The information provided will be treated in the strictest confidence. We do not share any customer data to any third parties and all customer data is held on a secure server...
c) The Website is available only to individuals who meet the terms of eligibility, who have been issued a valid payment card, i.e., and who have authorized Krisma to process a charge or charges on their payment card in the amount of the total purchase price for the item or items.
d) By making an offer to purchase merchandise, you authorize Krisma to perform credit checks and to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your payment card number or credit reports, to authenticate your identity, to validate your payment card.
e) You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
f) We may use the information you provide to conduct suitable anti-fraud reviews, the agency involved may keep a record of that information.
3.Access & Availability
a) Krisma may, at its sole and absolute discretion, deny you access to or use of the Website at any time without the need to provide any justification.
b) Despite the fact that we will try our best endeavors to maintain the Website operational and available, we may face some interruptions from time to time and the Website be unavailable and you may not be able to access it due to routine maintenance or other reasons that are out of our control.
c) Before accessing and using our Website, you must ensure that you are in compliance with the laws and regulations applicable to you, we reserve the right to revoke your access to the Website if you are not in full compliance with the applicable laws and regulations..
c) Before accessing and using our Website, you must ensure that you are in compliance with the laws and regulations applicable to you, we reserve the right to revoke your access to the Website if you are not in full compliance with the applicable laws and regulations.
d) You may be able to access certain areas of the Website as a guest; however, in order to access and purchase our products, you must create an account (the “Account”) which necessitates that you (a) agree to these Terms, (b) provide us with your name, email address, and a telephone number; (c) provide us with any other proof of identity so we can maintain our compliance with the KYC and other similar requirements under the applicable laws.
e) It is your sole responsibility to maintain the security of your Account, and you will be held liable for all the activities that occur under your Account and any other actions taken in connection with your Account.
f) Your Account is non-transferrable and may not be sold, combined, and/or otherwise share with any other person.
g) You should never publish, distribute and/or post login information for your Account.
h) Any breach of these Terms may lead to the termination and closure of your Account, in which case, we will solely decide if we archive the data saved in your Account.
i) If your Account is terminated, you may not subscribe under a new account, unless declared to us and approved in writing by us in advance.
j) You must immediately notify us of any unauthorized use of your Account or any other security breaches. We will not be liable for any acts and/or omissions by you, including without limitation any damages of any kind incurred as a result of such acts and/or omissions.
4.Making a Purchase
a) When you make a purchase through the Website, you are offering to buy product(s) displayed on the Website for an indicated price stated, subject to these Terms.
b) All orders are subject to acceptance and availability.
c) The Website contains an instructive guide that will walk you through the process of placing an order. You place your order for any selected items by completing the online order process.
d) Once you have placed your order, you will receive an email acknowledging the exact details of your order, providing you with a payment reference code and the value of your order.
e) While we only list available products on the Website, there may be occasions due to circumstances beyond our control, where a listed product is not available. In this case a latest delivery, where applicable, will be communicated to you or an immediate refund of any unavailable goods made.
f) Unless otherwise notified, Krisma’s acceptance of your order occurs when you receive an email notifying you that we have dispatched the purchased product(s) for delivery. Acceptance will be deemed to have occurred at the sending of this communication, regardless of technical problems you may experience, where the reasons are outside our control, which may result in you having not received that email in a timely manner.
g) If you require any information regarding your order(s), please contact Customer Care on +971 4 5519791 during our office hours of 9:00 am till 6:00 pm (GMT+4).
h) Krisma may not accept your order if an item you have ordered is out of stock; or 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.
5.Pricing Policy
a) On the Website, you are given an opportunity to select your preferred currency. Price converters are placed in the top left corner of the Website page. All currency priced items will be honored as advertised unless it is obviously incorrect.
b) Krisma offers our customers the Delivery Duty Paid (DDP) system, which means that you will be charged for the items purchased plus shipping cost and any import duty and tax liable as part of your order.
c) Product prices are set at the beginning of each season, 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 or the items are markdown at any time during the selling period.
6.Payment
a) If you choose to pay by credit/debit card, you confirm that the payment card that is being used is yours or that you have been specifically authorized by the owner of the payment card to use it. All payment card holders are subject to validation checks and authorization by the card issuer.
b) If the issuer of your payment card refuses to authorize payment, Krisma will not be liable for any delay or non-delivery..
c) All payment card transactions on the Website are processed using a secure online payment gateway that encrypts your card details in a secure host environment.
d) All reasonable care, 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, Krisma cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
7.Returns
a) Our customers’ satisfaction is our ultimate priority. If you are not happy with a purchase made on the Website, you may obtain and full refund or exchange within 15 days of receipt of the purchased products.
b) Your refund will be credited to the original purchaser's payment card and will exclude shipping costs (except for faulty items), which we deduct to cover the cost of our collection service.
c) Customs duties and sales taxes are non-refundable. Please note that exchanges will be submitted through the same customs procedures, therefore are applicable for duty and tax again.
d) Please be aware that in order to receive a refund or exchange, the item(s) must be unworn and in perfect condition, with all the labels attached and in the original packaging. Where provided, any designer packaging such as authenticity cards, dust bags and leather tags should be included as part of your return. We will not accept returns that do not adhere to the specified conditions outlined.
e) Briefs, swimming costumes and bikini bottoms should be tried on over underwear. Returns may not be accepted if the protection strip has been removed (swimming wear) or if the items are soiled (lingerie) and will be returned to you.
f) All returns should be sent back in their original packaging provided. Please ensure when returning the parcel that the packaging is properly protected.
g) For more information, please check our Return Policy on https://www.krismame.com/en/return-policy. If you have any additional questions, please do not hesitate to contact us.
8.Exchange
a) We are not currently able to offer Exchanges. Instead, all items should follow the returns process, and a new Order placed for the replacement items.
9.Passing of property and risk
a) Krisma retains legal ownership of the ordered product(s) until full payment has been made and such payment has been received. Legal ownership of the ordered product(s) will immediately revert to Krisma if payment is refunded to you.
b) Risk on the product(s) will pass from one party to another upon delivery.
10.Privacy Policy
a) All personal details you provide to us are dealt with in the strictest confidentiality. No information is disseminated by Krisma without your written consent unless required by law at detailed above.
b) All content available on the Website, including, but not limited to, text, graphics, logos, buttons, icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of Krisma, our affiliates, our partners or our licensors, and is protected by the applicable laws in the United Arab Emirates as amended from time to time and international copyright laws.
c) The trade marks, logos, and service marks displayed on the Website (collectively, the "Trade Marks") are the registered and unregistered marks of Krisma, our affiliates, our licensors or our partners, in the U.A.E. and other countries, and are protected by the applicable laws in the United Arab Emirates and the international trade mark laws. All or any other trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
d) Except as set forth in the limited license in the section entitled "Limited License" below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
e) For the avoidance of doubt, Krisma does not make any warranty or representation in respect of any other trademark and all the trademarks presented at the Website belong to their respective owners.
11.Content
a) Krisma “content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Krisma tries to ensure that the information on this Website is accurate and complete. Krisma does not promise that Krisma’s content is accurate or error-free. Krisma does not promise that the functional aspects of the Website or the Content thereon will be error free or that this Website, Krisma’s Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the internet ensure they have up to date virus checking software installed.
b) Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Arab Emirates, foreign jurisdictions, and international conventions.
c) Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
d) By posting on any of our social media channels you agree to be solely responsible for the content of all information you contribute. You also grant to Krisma the right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to72 hours to be displayed but Krisma does not commit to checking all content and will not be liable for third-party posts. If you have a complaint about any posts, please contact us by email.
e) Krisma reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public; information you consider confidential should not be posted to this site.
12.Third-Party Links, Websites, and Contents
a) The Website may contain (or you may be sent via the Website) links to other websites (“Third-Party Websites”) as well as articles, texts, graphics, photographs, pictures, designs, videos, music, sound, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we shall not be held responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to access the Third-Party Websites or to use or install any Third-Party Content through our Website, you shall do so at your own risk, and you should be aware these Terms will no longer be applicable, and the terms and conditions of such Third-Party Website will govern your access and use. We take no responsibility whatsoever for any purchases you make through Third-Party Websites. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
b) Krisma shall not be responsible or liable for any matter relating to any User Content, including any error, virus, defamation, libel, obscenity or inaccuracy contained in any User Content, whether or not arising under the laws of copyright, libel, privacy or otherwise, any prohibited User Content and any other User Content. You are solely responsible for any damage (including without limitation to the Services) resulting from the use (and/or submission) of any User Content and/or the Services.
13.Sanctions
a) It is the policy of Kanoony to fully comply with all sanctions laws and regulations applicable in the United Arab Emirates (collectively, the "Sanctions").
b) Krisma does not provide any benefit for any business or activity to the extent that the benefit or the underlying business or activity would violate any applicable Sanction.
c) You acknowledge that we do not trade with or provide any services to countries sanctioned by OFAC or any other competent authorities or organizations.
14.Restrictions
Save as explicitly indicated in these Terms, as a User of the Website, you agree not to:
a) modify, disassemble, make derivative works of, reverse compile, and/or reverse engineer any part of the Website.
b) upload or transmit viruses, Trojan horses, or other material that (i) interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website; or (ii) acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats, web bugs, cookies, or other similar devices (sometimes referred to as “Spyware” or “passive collection mechanisms” or “PCMs”).
c) use any metatags or other “Hidden Text” using Krisma’s name and/or trademarks.
d) disable, or otherwise interfere with security-related features of the Website.
e) intentionally hold Kanoony and/or its employees, directors, and/or advisors up to public scorn, ridicule, and/or defamation.
f) access, store, distribute or transmit any viruses, malware, or other harmful material during the course of your use of the Website.
g) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
h) use the Website in a manner inconsistent with any applicable laws or regulations.
i) minor /under the age of 18, you shall not register as a User of the Website and shall not transact on or use the Website.
15.Laws and Jurisdiction
a) The United Arab Emirates is our county of domicile. These Terms and any access to or use of the Website and/or the Services will be governed by the laws of the United Arab Emirates as applicable in the Emirate of Dubai.
b) Any dispute arising out of the formation, performance, interpretation, nullification, termination, or invalidation of these Terms or arising therefrom or related thereto in any manner whatsoever, shall be heard only by a court of competent jurisdiction in the United Arab Emirates.
16.General
a) You acknowledge and agree that these Terms, together with Krisma’s Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any products from Krisma, and supersede and govern all prior proposals, agreements, or other communications.
b) If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part, then these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms by Krisma shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms.
