- The following Terms and Conditions constitute a binding agreement between you and Clarks, branch of Jashanmal Group, hereunder referred to as (“We”, “Us” or “Our”), a limited liability company organized and existing under the laws of the United Arab Emirates and having its registered office at P.O. 1545, Al Barsha 1, Dubai, United Arab Emirates.
These Terms and Conditions of Sales apply to the offer and sale by Us to you, referred to hereunder as “Terms and Conditions” on which We supply any of the Products (“Product(s)”) listed on Our Website http://www.clarksstores.ae (the “Website”) to you. These Terms and Conditions do not cover the sale of Our Products by third parties to you.
These Terms and Conditions constitute an agreement between you and Us, regarding your access and use of the Website, all content, Products and services available on or through the Website and your purchase of any Products or service or placement of any order through the Website.
Your order is an offer to Us to purchase the Product(s) you selected in your order. You are deemed to have placed an order with Us by ordering via Our online checkout process on Our Website.
After placing an order, you will receive an e-mail from Us acknowledging that We have received your order and containing an Order Reference Number and details of the Product(s) you have ordered (“Order Confirmation”). Please note that the Order Confirmation is acknowledgment that We have received your order and does not mean your order has been accepted by Us. All orders are subject to Our acceptance of your offer to buy the Product(s) ordered. We will only accept your offer (and form the contract of sale) when We send you an e-mail confirming that the Product has been dispatched (“Dispatch Confirmation”). We may refuse to accept your order:
- where the Product is not available;
- where We cannot obtain authorization for your payment;
- if there has been a pricing or Product description error (see ‘Price and Payment’ below); or
- if you do not meet the eligibility criteria set out in ‘Your Status’ above.
- due to price errors as per paragraph 3 of “Price and Payment
- The contract between Us (the “Contract”) will only be formed upon the earlier of i) when We send you the Dispatch Confirmation or ii) delivery of the Product(s).
Please read these Terms and Conditions carefully and understand them before ordering any Products from Our Website. You should understand that by ordering any of Our Products, you accept these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order any Products from Our Website. You may print a copy of these Terms and Conditions for future reference. We are under a legal duty to supply goods in conformity with these Terms and Conditions.
If you have any questions, comments or concerns regarding these Terms and Conditions, please contact Us at:
Contact Details : firstname.lastname@example.org
We do not accept orders from addresses outside the United Arab Emirates nor do We accept orders for delivery to addresses outside the United Arab Emirates.
People residing outside areas, delivery time will take longer than usual.
By placing an order through Our Website, you warrant that:
- you are legally capable of entering into binding contracts;
- you are at the majority age under the United Arab Emirates applicable laws; and have legal capacity to enter into these Terms and Conditions;
- you are resident in the United Arab Emirates;
- you are accessing Our Website from the United Arab Emirates; and
- You are a private individual and purchasing Products in your capacity as such.
- You are purchasing Products for an address within the United Arab Emirates only
Conditions of Use
- By using the Website, and each time you use the Website, you are accepting and agreeing to be bound by these Terms and Conditions on your own behalf or, as applicable, on behalf of the party or parties on whose behalf you are using the Website. If you do not agree with these terms, then you may not use or visit the Website.
- We may, in Our sole discretion, revise these Terms and Conditions at any time without advance notice to you by posting the revised Terms and Conditions on the Website. It is your responsibility to regularly review these Terms and Conditions. If you use the Website after We make any changes, you will be accepting the changes and agreeing to be bound by the revised Terms and Conditions.
- If you place an order on Our Website, you will be bound by the Terms and Conditions posted on the Website at the time you place such order. Your order will be deemed to have been placed at the time you complete Our online checkout process.
- To access some features of the Website, you can use your log-in details for Our Website, if you don’t have an account you may be required to register for a new user account with Our Website ("Your Account”). Alternatively, you may use the Website as a guest.
These Terms supplement Your Account Service Terms & Conditions and form an integral part of these Terms and Conditions. In the case of any inconsistency or conflict between these Terms and Conditions and Your Account Service Terms & Conditions, these Terms and Conditions shall prevail. You are solely responsible for the activity that occurs in Your Account, and it is your responsibility to keep Your Account password secure.
- You agree to immediately notify Us of any breach of security or any unauthorized use of Your Account. We will not be liable for any losses arising from any unauthorized access to or use of Your Account.
Price and payment
- The price of the Products will be as quoted on Our Website from time to time, except in cases of obvious/ inadvertent error. Product prices include VAT at the prevailing rate. The price quoted on Our Website for Products excludes delivery charges which are quoted separately on Our Website.
- Product prices and delivery charges are subject to change at any time, but changes will not affect orders in respect of which We have already sent you a Dispatch Confirmation.
- Our Website contains a large number of Products and it is always possible that, despite Our best efforts, some of the Products listed on Our Website may be incorrectly priced. We will normally verify prices as part of Our dispatch procedures so that, where a Product's correct price is less than Our stated price, We will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on Our Website, We will normally, at Our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that We are rejecting it. If the pricing error is obvious and unchangeable and could have reasonably been recognized by you as an error, We do not have to provide the Products to you at the incorrect (lower) price.
- Payment for all Products must be made either by credit or debit card. Cash on delivery is collected on Our behalf by third party. We accept payment by Visa and Mastercard Debit, and by Visa and Mastercard Credit. A payment by credit or debit card will only be charged at or shortly after the time you place your order.
- You must retain a copy of transaction records, policies and rules provided by Us.
- We will deliver Products to valid shipping addresses located within the United Arab Emirates only. These do not include Al Sila, Al Ghuwaifat and Al Batha, Das island & Delma island areas. You must provide a valid photo identification to receive your order. All orders will be delivered by our courier partner OCS Dubai.
- We will deliver the Products you purchase to the delivery address in the United Arab Emirates you specify when placing your order. Title to any Product purchased by you will pass to you once the Products are delivered to the delivery address specified in your order and payment for the said Product is complete. Except as otherwise provided in these Terms and Conditions, you accept all risk of loss, theft or damage to the Products you purchase once it has been delivered to the delivery address specified in your order.
If you do not receive your order within the estimated delivery time specified in your shipping confirmation email, you should contact Clarks at 800-CLARKS or at email@example.com
- If you refuse or fail to accept delivery of any Products you order, with the exception of refusals related to visible carrier damages or due to any of the reasons stated in the Returns Policy set out below, any risk of loss, theft or damage will nonetheless pass to you, and not limiting any other rights or remedies We have, We:
- will remain entitled to payment in full for the Products shipped to your delivery address, including shipping costs incurred and any installation charges if applicable; and
- may effect delivery by whatever means it considers appropriate, and you will be liable for all additional costs incurred as a result of such refusal or failure to accept delivery.
- In addition to rights you may have under applicable law, you may return any Product within fourteen (14) days from the date you receive it if:
- the Product is sealed and accompanied by all original packaging, accessories, free items and other components or parts that accompanied the Product when it was delivered, and the Product and/or packaging is undamaged.
- The Serial number of the Product purchased is the same when any return is requested.
- Subject to applicable law, return requests made after the fourteen (14) days period will not be accepted. This provision applies notwithstanding any other term or condition of these Terms and Conditions. You can return Products by emailing firstname.lastname@example.org You must provide valid photo identification and your original receipt to return your Product.
- To request a return please call 800-CLARKS to schedule your return of the purchased Product. You must also send an email to email@example.com, with attached photos showing that the Product is still in a sealed condition. In the absence of such proof, you agree that if the Product is not in a sealed condition when it reaches Clarks, the Product shall be returned back to you and the refund will not be processed.
- If you purchased via credit/debit card, the refunds will be credited to your respective payment method within ten (10) business days. It may take longer to reflect in your account depending on your bank.
- If you purchased your product via cash on delivery, We will require you to share your bank details with Us in order to transfer the refunds.
- No refunds will be done by cash.
- If you wish to return a Product that appears to be damaged or otherwise defective upon delivery:
- Upon returning your Product to Us, a diagnostics test will be performed to validate whether it is defective.
- If the Product is found not to be defective (based on the reason you provided with the return request), your Product will be returned to you and no refund will be issued.
- If a defect is found within fourteen (14) days, a replacement will be provided.
- Upon receipt of your Product, please ensure you inspect its condition carefully. Should you identify a short or over-shipment and/or suspect part of the goods are missing, please contact Clarks at 800-CLARKS or firstname.lastname@example.org within seven (7) days from when it was delivered. If the external carton of the Product shows any sign of damage (e.g. scratches, tears, stains, etc.), tampering (e.g. open Product, broken seals, re-taped, etc.) or abuse, please indicate the Product is damaged on the waybill and refuse the shipment. We shall not in any way be responsible for any damage, tampering or abuse not noted once a Product shipment has been accepted.
- If your Product, upon delivery, appears to be damaged or defective, please call 800-CLARKS or email@example.com seven (7) days from when it was delivered. We will assist you in performing a diagnostics check.
- With respect to suspect freight damage claims made after acceptance of the Product shipment, your request will be accepted only if the damage is reported within three (3) days of delivery, and the package is not moved from its original “ship to” location. Please include all parts, original shipping box and packing material with the Product. In the event that the inspection does not take place or your Product is not picked up within five (5) business days of you contacting Us, please contact Clarks at 800-CLARKS or firstname.lastname@example.org.
- Provided you comply with the terms of this Returns Policy, you will receive a full refund of the price you paid for the Product (including any taxes paid), subject to applicable local law.
Free Gift Clause
Item will not be returned if Free Gift Item has been opened or used by customer in any case.
Shoe care and accessories cannot be returned.
General Conditions Applicable to Returns
In order to qualify for a refund, all items (including promotional gift items accompanying the Order) must be returned to us within 14 days of Order receipt:
- Unaltered, unused and in full saleable condition (or the condition in which they were received from us or our agents). Shoes must not have any sole or other damage;
- In their original packaging/box/dust-cover and with all brand and product labels/tags/instructions still attached. Authenticity cards, where provided, should also be returned.
- Accompanied by the original Order confirmation.
Please take care to preserve the condition of any product packaging as, for example, damaged shoe boxes may prevent re-sale and may mean that we cannot give you a full refund. Our agents may ask to inspect returned items at the point of collection but that initial inspection does not constitute a guarantee of your eligibility for a full refund.
We do not accept returns for shoe care and accessories unless the product has been damaged during shipping and retains its original packaging.
We regret but we cannot offer returns on the following categories of products: products not purchased via the Website. Gift items can only be returned with a refund given to the purchaser of the gift. The above is without prejudice to any rights you may have to return defective products.
We reserve the right to monitor returns and to refuse Orders from customers with excessive returns levels. However nothing in this Returns section is intended to affect any consumer rights that you may have under UAE law.
Where you have returned an item that has benefitted from our Price Match guarantee, special conditions apply.
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.
You may contact us at any time prior to your Order being marked as “Processed" on Our online Order tracking system to cancel or change it. If you do so, We will at your request either: (i) cancel it free of charge and issue you with a full refund or (ii) do Our best to change it, subject to stock availability and any applicable price adjustment. If the Order has been processed, please await delivery and use the Returns process.
By placing an Order through Our Website, you acknowledge and agree that full liability for the products rests with the manufacturer and that We carry no product liability for those items save as described in the Returns section in relation to returning the products and refunding the price paid (where applicable).
Title to Goods
Title to the items in your Order will pass to you on the later of the day on which: (i) you pay Us in full for those items; or (ii) the day you receive the items. Risk in the items in your Order passes to you on delivery to the address detailed in the Order.
Representations and Warranties
By accessing and using the Website, you represent and warrant that:
- all information you provide through the Website is true, accurate and complete;
- you accept full responsibility for all charges, duties, fees and taxes and any other financial liability resulting from your use of the Website or your user account; and
Offer, Acceptance and Order Placement
The Products and services advertised, listed or described on the Website are invitations to you to make offers to Us to purchase from Us such Products and services, and are not offers to sell Products or services to you. You are deemed to make an offer to Us to purchase from Us the Products or services referenced in your order upon submitting an order to Us via the online checkout process.
Ownership of Website
- We own or hold licenses/ authorizations in all intellectual property rights in and to the Website and its content, including without limitation copyright and trademark rights, information, scripts, icons, presentation, arrangements, video and audio, designs and logos, graphic and graphical elements on the Website (the "Content”). Your use of the Website does not entitle you to any ownership or other rights or interests in or to the Website or the Content. The Website and the Content are protected by the UAE and international copyright, trademark and other intellectual property rights laws.
- You agree not to link, make reference to, use, reproduce, republish or re-disseminate any Content including any of Our icons, logos or trademarks without Our prior written consent.
Nothing appearing on the Website or in these Terms and Conditions grants to you the right to use the names, designs, trademarks or logos appearing on the Website (the "Marks”) and/ or the Content. The Marks are the registered or unregistered trademarks, service marks, tradenames and logos either owned by Clarks or licensed/ authorized in favour of Us. All/ any use, duplication, publication, reproduction, transmission, derivation, registration, modification or dissemination of the Marks by you is strictly prohibited.
Errors, Product Availability, Pricing Information and Orders
- We strive to ensure current and accurate information on Our Website. However, due to changing market conditions and competition, misprints, omissions, or other errors may sometimes occur, including, but not limited to, incorrect prices and/or specifications for Products. We do not guarantee that Products and services advertised on the Website will be available when viewed or upon subsequent visit to a retail location or thereafter.
- We endeavor to provide Our customers with an agreeable solution to their shopping needs. However, We do not warrant that the content of the Website including, without limitation to, Product descriptions, pricing or photographs, is accurate or complete.
- We reserve the right to revoke any stated offer on Our Website, and to correct any omission, error or inaccuracy, including after an online order has been submitted, whether or not the online order has been confirmed or your payment has been processed, as permitted by law.
Changes to Website Content, Offers or Orders
- We own or are licensed/ authorized users of all intellectual property rights in Our Website and all material and content on Our Website. You may use this site and the materials and content on Our Website for personal, non-commercial use only. All other use or re-Production of Our Website or materials or Content of Our Website is strictly prohibited.
- Our Website is provided on an 'as is' and 'as available' basis without any representation made and we make no warranties of any kind, whether express or implied, in relation to Our Website. We make no warranty that Our Website will meet your requirements or will be uninterrupted, timely or error-free or that Our Website or the server that makes it available are free of viruses or bugs.
- While We endeavour to ensure that Our Website is normally available 24 hours a day, We will not be liable if for any reason Our Website is unavailable at any time or for any period. Access to Our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Our control as set out above.
- We at all times reserves the right to:
- correct any error, inaccuracy or omission in Website content at any time without prior notice or liability to you or any other person;
- change at any time the Products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such Products and services, any promotional offers and any other Website content without any notice or liability to you or any other person;
- limit quantities available for sale or sold; and
- reject, correct, cancel or terminate any order, including accepted orders, for any reason, including but not limited to:
- if the Product or service is not available;
- if We do not receive confirmation of your payment from the relevant payment processing company;
- if there has been a Product or service pricing or description error, inaccuracy, or omission; or
- if you do not meet the eligibility criteria set out in these Terms and Conditions.
You understand and agree that any promotional offers, as listed on the Website and in advertising, are limited time offers, may change at any time, and are subject to such additional Terms and Conditions that may be announced from time to time.
Accuracy of Information
It is your responsibility to ensure that all information that you provide through the Website is accurate, complete and up-to-date, including information required to open Your Account, payment information (credit card), contact information and all transaction information. You will be solely responsible for any and all loss, damage, cost or expense that you or any other person may incur as a result of the provision of false, incorrect, misleading or incomplete information by you.
- You further acknowledge and agree with Us that you consent to the collection, use and disclosure of your personal information including, without limitation, your name, address, email address, phone number, credit card and other financial information ("Personal Information”) that is gathered about you through the Website in connection with your purchase or placement of an order of any Clarks Product (the "Purchase”) and the disclosure of your Personal Information to third parties who may further collect, use and disclose your Personal Information to enable Us, and any third parties and ancillary fulfilment service providers that We determine are necessary for the fulfilment of the Purchase, to attend to post-purchase matters including repairs and returns. The foregoing includes, without limitation, collection for and disclosure of Personal Information to Us, third party payment service providers, and delivery services used to ship the Clarks Product (collectively, the "Permitted Third Parties”) and the use of the Personal Information by the Permitted Third Parties to: (a) process the Purchase and payment of same, (b) bill and collect money owed in relation to the Purchase, (c) deliver the Product to you, (d) communicate with you whether directly or indirectly regarding your Purchase and advise you of other Products and services that are available or may be available in the future, (e) provide you with effective customer service, including but not limited to trouble-shooting or warranty service, and ask for feedback on same, (f) remit applicable taxes, and (g) comply with legal and regulatory requirements (collectively the "Purposes”). By submitting your Personal Information you agree that the Permitted Third Parties may rely on the consents granted herein for the Purposes. You acknowledge and agree that your Personal Information may be stored outside the UAE. By submitting your Personal Information you agree that the Permitted Third Parties may rely on the consents granted herein.
- YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND CONTENT IS PROVIDED ON AN "AS IS” AND "AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATED TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY US TO THE FULLEST EXTENT PERMITTED BY LAW.
- WE DO NOT REPRESENT THAT THE WEBSITE OR THE CONTENT CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. WE, AND OUR RESPECTIVE EMPLOYEES, AGENTS, AFFILIATES, ASSIGNS, REPRESENTATIVES, RELATED PARTIES, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME OR PROFIT, LOSS OF BUSINESS OPPURTUNITY, BUSINESS INTERRRUPTION, LOSS OF INFORMATION, COSTS OF PROCUREMENT OF SUBSITUTE PRODUCTS, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY (1) ERRORS OR OMISSIONS IN CONTENT, (2) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR YOUR ACCOUNT AND/OR ANY AND ALL PERSONAL INFORMATION AND OR FINANCIAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, OR (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES (INCLUDING CLAIMS FOR NEGLIGENCE OR GROSS NEGLIGENCE), AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- We may, at Our discretion, change, discontinue, modify, restrict, suspend or terminate the Website or any part of it any time without notice or liability to you or any other person. We may also, at Our discretion and for any reason, terminate these Terms and Conditions or your permission to access and use the Website without any notice or liability to you or any other person.
- If your permission to use the Website is terminated for any reason, the remaining terms of these Terms and Conditions shall remain in full force and effect. The termination of these Terms and Conditions or the revocation of your rights to use the Website, shall not affect the enforceability of any other agreement between you and Us.
- These Terms and Conditions do not replace and are in addition to any other agreement you may have with Us.
- You acknowledge and agree that Products, goods and services purchased or obtained through the Website, are subject to additional Terms and Conditions including, but not limited to, Terms and Conditions respecting payment of amounts due, purchase price, fees, and taxes and you agree to abide by all such Terms and Conditions.
- The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- Any delay, omission or failure by Us to exercise Our rights, powers or remedies under these Terms and Conditions shall not constitute a waiver by Us of those rights, powers or remedies.
- To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions or any matter related to these Terms and Conditions will be governed by and construed in accordance with the UAE laws applicable therein, without giving effect to any choice of law or conflict of law terms or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to exclusive jurisdiction and venue of the courts located in Dubai in any action to enforce (or otherwise relating to) these Terms and Conditions or the use of the Website.
- You may not assign these Terms and Conditions or assign any rights or delegate any obligations under these Terms and Conditions.
- Subject to any other agreement you have entered into with Us, these Terms and Conditions and any other notices or statements posted on the Website constitute the entire agreement between you and Us concerning the use of the Website, including the Content. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Us with respect to the Website and Content.
Contracts for the purchase of Products through Our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of Dubai, United Arab Emirates. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts in Dubai.