Terms & Conditions

 

Welcome to the Boutique Nomads website (‘the Site’). The following are the Terms & Conditions of use (‘T&Cs’) that govern use of this website. By using it, you agree to our T&Cs as well as to our shipping & return and privacy policy. Extreme Wake General Trading LLC (‘we’) owns and maintains this website and reserves the right to change T&Cs by publishing updates with immediate effect after posting online. Please check regularly for any changes. Your continued use of this website following the posting of changes to the T&Cs constitutes your acceptance of the same. If you violate our T&Cs, we may terminate your use of this Site or may take appropriate legal action if needed. A waiver or modification of these T&Cs will only be effective if made in writing and signed off by an authorized signatory of Extreme Wake General Trading LLC. The T&Cs supersede all other written and oral communications or agreements with regard to the subject matters discussed in these terms of use.

Use of this website

By using this Site you warrant, you are either minimum 18 years old or you are accessing it under the supervision of a parent or legal guardian. You are granted a limited, revocable and non-transferrable license to use our Site under the T&Cs described, for the purpose of shopping for personal items sold on the Site. By visiting the Site you also warrant, that you will not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by us. You furthermore agree to not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. You furthermore agree not to deep- link to the site for any purpose, unless specifically authorized by us to do so. Commercial use or use on behalf of any third party is prohibited, except if you receive our written and signed permission in advance. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in the T&Cs, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part. Content provided on this site is solely for informational purposes. Opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions. Certain services or features made available on this Site may require registration or subscription. Should you choose to register or subscribe for any such services or features, you agree to provide accurate information about yourself, and to update such information in case of any changes. As user of this Site you are solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. You must immediately notify us of any unauthorized use of your password or account. We shall not be held responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

Site operation, applicable law and arbitration

The United Arab Emirates is our country of domicile. Extreme Wake General Trading controls this Site from the U.A.E and makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations, you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations. The Laws of the United Arab Emirates shall govern the use of the Site and the Terms of Use, without regards to conflict of laws principals. All disputes or claims arising in connection with out T&Cs shall be heard only by a court of competent jurisdiction in U.A.E, in English language and governed by law pursuant to the Rules of Commercial Conciliation and Arbitration of 1994 (Dubai), as amended, replaced or re-enacted from time to time.

OFAC sanctioned countries and organisations

Extreme Wake General Trading LLC will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries and individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific.

Acceptance of orders and pricing

There are cases of orders that cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order. We accept orders for items subject to availability. If for any reason the item you ordered is no longer available we will contact you using the contact information provided at the time of order and offer an alternative item as substitute (where this is possible). If we are unable to contact you or do not receive a response from you, we will cancel the order and send you an email confirming the cancellation. Unless otherwise specifically indicated, all prices on the website are in AED (United Arab Emirates Dirhams). We endeavour to provide 100% accurate pricing information on the Site, in case any pricing error may still occur, such as cases when the price of an item is not displayed correctly on the website, we reserve the right to refuse or cancel the respective order, whether or not the order has been confirmed and your credit card charged. In such case, we may contact you for instructions at our own discretion.

Purchases and payment methods

We accept payment via cash on delivery as well as by Visa or Mastercard debit and credit cards in AED for our products and services. If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. By ordering products from this Site, you authorize Boutique Nomads and its agents or other credit card processing vendors to charge your credit card for the applicable fees. If we do not receive payment from the card issuer, you agree to pay all amounts due upon demand. We may take commercially reasonable actions to verify your credit card. You agree to pay all reasonable attorneys' and collection fees arising from our efforts to collect any past due amounts from you to the extent allowed by law. The cardholder must retain a copy of transaction records and merchant policies and rules. Please note, that multiple shipments/deliveries may result in multiple postings to the cardholder's monthly statement. We reserve the right to refuse to accept or fulfill any order upon reasonable notice. All purchases from our Site are also governed by the T&Cs of respective merchant service providers. Please review respective merchant service provider’s user agreement and privacy policy before entering any transaction. The Site may not be used to order items for resale.

Products

We are determined to display the products available for sale on our site as accurately as possible. However, the colours and images you will see on our website will depend on a number of factors such as your monitor and its settings. Therefore, we cannot guarantee that the colour or other features of products shipped to you will appear exactly the same as the image you see displayed on the website. We may every now and then vary the dimensions and specifications of items displayed on our website without prior notice. Please note, we do carry few items, that are entirely unique (e.g. Mochila bags). Due to their one-of-a-kind nature, we only offer one single item in one design. Should your preferred such item get sold prior to us processing your order, we will contact you to suggest a substitute or release a refund for the same.

Voucher Codes and special offers

Offers are only available through this Site and can be redeemed by entering the promotion code you received. Offers are subject to availability, delivery rules and times. Additional surcharges may apply. Different offers cannot be combined, are not available on all products and are subject to restrictions and limitations. In order to make use of your voucher code, make sure it is used before its expiry date.

No commercial use

This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain our prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

Links

The Site may contain or list search results referring or linking to third party sites throughout the World Wide Web. We have no control over these sites or the content within them. Extreme Wake General Trading LLC does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer.

Trademarks, copy- and property rights

All intellectual property rights on the site, whether registered or unregistered, information content on the Site and website design, including, but not limited to text, graphics, software, photos, video, music, sound as well as their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under UAE copyright laws and international conventions. All rights are reserved. Extreme Wake General Trading LLC may cease access and immediately terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license or explicit consent to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.

Submissions

By providing materials to us, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials have expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against Extreme Wake General Trading LLC for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non- confidential and non- proprietary and may be disseminated or used for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

Disclaimer of warranty and limitation of damages

We make no warranty or representation of any kind, either express or implied, including but not limited to warranty of title or non-infringement or implied warranty of merchantability, fitness for a particular purpose, non-infringement or other violation of rights in relation to the availability, accuracy, validity, reliability or content of these pages and/or the Site. We also no not make any representation or warranty regarding the accuracy or reliability of any advice, opinion, statement or other information that is submitted, displayed or uploaded through the site by any user. We shall not be liable for any direct, indirect, incidental, special or consequential damages, lost profits or for business interruptions arising out of the use of or inability to use this site, even if Extreme Wake General Trading LLC has been advised of the possibility of such damage. Some jurisdictions do not foresee such exclusions and limitations of liabilities. In this case our liability will be limited o the greatest extend of liability defined by law.

Indemnity

You agree to indemnify and hold Extreme Wake General Trading, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the T&Cs.

Violation of terms of use

You understand and agree that in our sole discretion, and without prior notice, we may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if we believe that the information you provide has violated or is inconsistent with these Terms of Use, or violates our rights, or any third party rights, or the general law. You agree that monetary damages may not provide a sufficient remedy to us for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. We may release user information about you if required by law or subpoena.

Alterations to this website, its T&Cs and related policies

We reserve the right at any time to make changes to this website, the T&Cs, Privacy Statements, Shipping and Returns Policy and such other policies as we may notify you of. You will be subject to the policies and T&Cs in force at the time you use the website or order items from the website. Changes which we are required to make by law could apply to orders which you have already made. If any of the online shopping Terms and Conditions forming the contract between us are deemed invalid, void or unenforceable for any reason, it will be deemed severable and not affect the validity and enforceability of the remaining terms and conditions.

last updated: 05.10.2016