TERMS OF SALE

Last updated: 25 Nov 2024

www.modeshworld.com and its associated mobile applications (collectively the “Platform”) are owned and operated by DXBeyond LLC, a limited liability company registered in Dubai, UAE with commercial license number 1245969 and its registered office at P.O. Box 45060, Dubai, UAE (the "Company").

Please read these terms of sale (the "Terms of Sale"), and any other terms applicable to the use of the Platform, including the Platform Terms of Use ("Platform Terms"), the privacy & cookie policy (the "Privacy Policy"), and the Modesh Credit terms of use which govern the use of Modesh Shopping Cards (“Modesh Credits”) to make purchases on the Platform, as together they form the terms governing the relationship between us and you (collectively, the "Terms"). We may need to change or update our Terms from time to time as we strive to improve our services. Your continued use of the Platform constitutes your acceptance of the Terms.

When you place an order for products (“Products”) through our Platform (an "Order"), you are deemed to have consented to the latest version of the Terms then posted on our Platform. If a change in law takes effect which requires us to change our Terms after you have placed an Order but before it has been accepted by us, you acknowledge that the change will apply to your Order. In all other cases, the version of the Terms posted on the Platform at the time your Order was placed will apply.

In these Terms, when we refer to "we", "us" or "our", we mean the Company; and when we refer to "you" or "your" we mean you, the person purchasing Products on the Platform.

  1. ELIGIBILITY

    1. We aim to make the Platform available to all our customers. However, to use the Platform, you must be at least 18 years of age, and able to lawfully: (i) make payments through one of our accepted payment methods as required; (ii) agree to these Terms; and (iii) enter into binding contracts with us.
  2. PLACING ORDERS

    1. When you place an Order with us, you commit to buy the Products described in that Order, at the price displayed for each Product on the Platform, in addition to any service charges such as delivery fees, taxes and duties where applicable, at the time of placing the Order. We will send you an email and/or a WhatsApp acknowledging the receipt of your Order. However, Orders are subject to our acceptance, which will be communicated to you when you receive a notification from us confirming your Order has been processed by us and your Product(s) have been dispatched for delivery or are ready for collection, depending on the mode of delivery you have chosen. No party other than us has the authority to confirm acceptance of the Order. We may reject Orders at our sole discretion including for reasons such as errors in prices of Products, other technical errors affecting the Platform or the ordering process, ineligibility, inability to process payment, suspected fraud, suspected violation of the prohibition on commercial use of our Platform, shipping restrictions or stock unavailability. You should check all of the information that you enter and correct any errors before placing an Order, as once your Order is placed, we will begin processing it immediately.

  3. STOCK AVAILABILITY

    1. Items in your Platform shopping cart are not reserved until your Order is paid for in full and accepted by us. The Platform (or our Call Centre) may contain or provide information regarding the availability of a particular Product. The information provided on the Platform is only an estimate and may not be up to date at the time of placing an Order due to the frequency of the transactions that are carried out on the Platform. We cannot always guarantee that a Product which is displayed as in-stock on the Platform at the time you placed it in your shopping cart will be available at the time you place the Order or checkout. Should this happen, we will notify you and arrange for a full refund.

  4. PAYMENT

    1. The prices for the Products and any respective delivery charges are set out on the Platform and are inclusive of VAT.

    2. We currently accept payments on our Platform in the form of Modesh Shopping Cards redemptions, Visa cards, Mastercards and American Express cards. All payments will be processed at the time you place your Order.

    3. By entering your payment details on our Platform, you warrant and represent that you are duly authorised to use that payment method for the purchase of the Order. We reserve the right to decline Orders without any liability to you where we reasonably believe the payment method used was not authorized for such use, where we are unable to validate or verify the payment method, or if we suspect some other illegal or irregular activity associated with the payment.

    4. If your payment is not authorised with an invoice issued, then your Order will not be fulfilled.

  5. SHIPPING AND DELIVERY

    1. The costs of delivery will be as displayed to you on the Platform.

    2. We process all deliveries twenty-four (24) hours after verifying the details of your Order including confirmation that your payment has been processed and the Products in your Order are available with our logistics partner.

    3. Our logistics partner may make up to four (4) phone calls to book a delivery time slot with you and will make up to three (3) attempts to deliver to you before your Order will be cancelled in accordance with these Terms of Use.

  6. CANCELLATIONS

    1. You may, at any time prior to your Order being marked as "Processed" on our online Order tracking system, contact us or use the Platform to cancel the Order. If you do so, we will cancel the Order free of charge and issue you with a full refund. If you cancel an Order after it has already been processed by us, we will cancel the Order and issue you with a refund less a handling fee.

    2. We may, at our discretion, cancel your Order after fourteen (14) days from the Order being processed by us and marked as “Ready for Collection” or “Ready to Ship”, and issue you with a refund less a handling fee if:
      1. you do not collect your Order from the allocated collection centre within the respective timeframe;

      2. you are not reachable by our logistics partner to verify your delivery details;

    3. If you have opted for your Order to be shipped to you and paid the stipulated shipping fees, we retain the right to cancel your Order after three (3) unsuccessful delivery attempts and issue you with a refund less the shipping fees paid by you.

  7. RETURNS

    1. Subject to meeting the conditions of these Terms of Sale, we offer a returns policy of complete Orders if you initiate a request within the time stipulated below:

      1. Seven (7) days from delivery date for Orders that are delivered to you by our logistics partner.
      2. Three (3) days from collection for Orders that are collected by you from one of our collection centres.
    2. To be accepted by us and qualify for a refund, all Products must be returned to us:

      1. unaltered, unused and in their original condition (or the condition in which they were received by you from us or our agents);
      2. in their original packaging / box / dustcover and with all brand and product labels / tags / instructions still attached;
      3. accompanied by the original Order confirmation.
    3. Orders can be returned to us by either:

      1. Logging into the ‘My Account’ / ‘Order History’ section of the Platform and submitting an Order Return request or contacting us by calling our UAE toll free number 800 433259. In either of these cases, your return will be collected from your delivery address by our logistics partner, and you will be charged a return fee. The return fee will be deducted from your refund if your return is deemed eligible for a refund according to these Terms of Sale.
      2. Bringing the Order you wish to return to one of our collection centres. In this case, you will not be charged a return fee and if the Products in your Order is eligible for a refund according to these Terms of Sale. You will receive a refund in full less any shipping fees paid by you.
    4. We currently do not accept the partial return of Orders.

  8. REFUND PROCESS

    1. All items returned to us will be inspected. If we are satisfied with the condition of the items returned, we will process the return and notify you once a refund has been issued with the value of the refund.

    2. All refunds will be made exclusively to your ‘Modesh Wallet’ in the form of Modesh Credit regardless of your method of payment.

  9. LIABILITY

    1. Save for death or personal injury arising out of our negligence or any liability which cannot be excluded by law, under no circumstances shall we, our affiliates, employees, directors, officers, agents or suppliers be liable for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Platform, including, without limitation, damages for loss of profits, loss of goodwill or loss of data. Without prejudice to the foregoing, in no event will we be liable for any amounts in excess of the amount paid by you for the product(s) in respect of which the claim arose. Nothing in these Terms is intended to impact any rights you or we may have under applicable law.

  10. LANGUAGE

    1. These Terms of Sale are published in English and Arabic.

  11. ILLEGALITY

    1. If any provision of these Terms of Sale is held to be illegal or unenforceable, the remaining Terms of Sale (or parts thereof) will not be affected and will remain in full force and effect.

  12. NO IMPLIED WARRANTIES

    1. Except as otherwise provided in these Terms of Sale or required by applicable law, we make no promise, representation, covenant or warranty and offer no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of any of the products sold through the Platform. Your use of any products purchased from the Platform is at your sole risk and it is provided on an "as is" and "as available" basis.
  13. CHANGES

    1. We may make changes to these Terms of Sale from time to time but the Terms applicable at the time of your Order will apply to that Order. Please check these Terms of Sale regularly to ensure that you understand the Terms that apply at the time that you access the Platform to order Products.

  14. PLATFORM TERMS OF USE

    REGISTRATION AND ACCOUNT HANDLING

    1. To use our Platform, you will need to create an account and register your details with us. If you are a Dream Dubai user, you may login using your Dream Dubai account login details. It is your ongoing responsibility to make sure that any personal and payment details you provide to us are valid, accurate and complete. You can update your details by contacting us at our Call Centre on our UAE toll free number 800-433259 or by updating them in your profile on the Platform.

    2. You must keep your account details and password information confidential and secure. It is your responsibility to protect the privacy and safety of your account, for restricting access to your devices, and you agree to accept responsibility for all activities that are carried out through your account or password. Our customer service agents will never ask you for your password. We are not responsible for any loss suffered through misuse or negligent handling of those details.

    3. You should notify us as soon as possible if you believe your account has been compromised. By registering or placing an Order through our Platform, you warrant that you meet the eligibility criteria and that the information you provide us is yours and is accurate in all respects. Commercial entities are not eligible to register with us. We reserve the right to suspend or delete your account if we reasonably believe that you have violated any of these Terms.

  15. PRIVACY

    1. Please refer to our Privacy Policy for details on how we protect your privacy and handle your data

  16. ELECTRONIC COMMUNICATION

    1. When you create an account on our Platform or subscribe to our services, you consent to receiving e-mails, text messages, mobile push notifications, and other forms of electronic communications from us in order for us to supply those services to you. We may sometimes send you offers or marketing communications. If you wish to no longer receive marketing communications, you can call our Call Center or email us at www.customercare@modeshworld.com.

  17. THIRD PARTY SITES

    1. Our Platform may include hyperlinks to other websites or resources operated by third parties. We are not responsible for the content or accuracy of any pages that are not on our Platform or their availability. We do not endorse and are not liable, directly or indirectly, for the privacy policies of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

  18. CONTENT

    1. In addition to the Intellectual Property Rights mentioned below, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text available on this Platform. We have made every effort to ensure that the information on the Platform is accurate and complete but we cannot promise that the Content is error-free. We also do not promise that the functional aspects of the Platform or Content will be error free or that this Platform or the servers that make them available are free of viruses or other harmful components. We always recommend that you have up to date virus checking software installed. We reserve the right to refuse service, terminate accounts, remove or edit content, withdraw any products or items from our Platform, or make any other changes to our Platform at our own discretion. We may implement updates to the Platform at any time and without notice to you.
  19. INTELLECTUAL PROPERTY RIGHTS

    1. Your use of the Platform and its contents does not grant you any copyright, design, trademark or other intellectual property rights relating to the Content, including our software, HTML or other code contained in the Platform. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Platform is typically protected by national and international intellectual property laws and treaties. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, linking, commercially exploiting, copying and use of the above listed materials on any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use. No right, title or interest in any downloaded Content is transferred to you as a result of such downloading or copying. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with our Platform, whether in whole or in part.

  20. INDEMNITY

    1. You agree to defend, indemnify and hold us, our directors, agents, affiliates, licensors and suppliers harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Platform and/or any acts or omission in breach of any provision of these Terms.

  21. NO WAIVER

    1. Any failure to exercise or any delay by either party in exercising its rights or remedies under these Terms shall not be construed as a waiver thereof. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law.
  22. ENTIRE AGREEMENT

    1. You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Platform and any purchase by you of any items through the Platform, and supersede and govern all prior proposals, agreements, or other communications.
  23. DISPUTES AND GOVERNING LAW

    1. These Terms are governed by the federal laws of the United Arab Emirates and the laws of the Emirate of Dubai and all disputes arising out of or in connection with these Terms are subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.