mercatify

Terms & Conditions

TERMS & CONDITIONS

These terms and conditions (together with the information and policies contained in the “Customer Service” pages on the website and any other documents referred in these terms and conditions) (“Terms and Conditions”) set out the legal terms that apply to your use of our website #PLACE WEBLING HERE, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the “Websites” and “Website” being a reference to any one of them) and the other services that we provide (the “Services”).

Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.

1) Understanding these Terms and Conditions

When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as ‘defined terms’). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

When we refer to “MERCATIFY “, “we”, “us” or “our”, we mean MERCATIFY Limited or, where relevant, its affiliates. Where we refer to “you” or “your” we mean you, the person using the Services.

We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Partners relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).
2) About us
IMPORTANT: If you are purchasing products from any of the brands or boutiques listed at the end of section 20 below (“Selected Partners”), then additional or different terms may apply to you in this section. Please see section 20 below.
We are MERCATIFY and working together alongside with ISTWEST GROUP Limited and, along with certain of our affiliates, we operate the Website. MERCATIFY is a company registered in UAE UAE office: 301. Vision Tower, Business Bay, Dubai, United Arab Emirates.
We, along with certain of our affiliates, provide the Services to you through the Website. Further details of the Services we provide are set out in section 3 below. When you purchase products using the Website, you are purchasing them from the third party retailers (“Partner(s)”) named on the Website. It is important that you understand that the contract for the purchase of the products is between you and the relevant Partner. We are acting as agent on behalf of the Partners, which are the principals. You are not purchasing the products from us. We are authorized by the relevant Partners to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the products from us. Further details about the products, the Partners and the contract between you and the Partners in relation to your purchase of the products are set out in sections 5, 6 and 7 below.
3) Our services
The Services we offer allow you to search through the Website and purchase products from a large number of Partner boutiques and brands worldwide. As part of the Services, we also provide some ancillary services such as arranging delivery of the products, providing you with customer service assistance and payment processing without charge. The specific MERCATIFY entity procuring such payment processing services will depend on your location. If you are located in the USA then MERCATIFY .com US LLC will procure the payment processing services; if you are located anywhere else in the world, MERCATIFY Limited or one of its affiliates will procure the payment processing services. Similarly, MERCATIFY .com US LLC manages and runs the Website platform and provides the Services in respect of sales made to customers in the US; whereas MERCATIFY Limited or one of its affiliates manages and runs the Website platform and provides the Services for sales made to customers outside of the US. However, as stated above, the contract for the purchase of the products is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for selling the products to you.
Please note that the delivery logistics service is being provided by us to you and as such you are entering into a contract for delivery services provided by us. We may make a charge for these services which will be shown at checkout and prior to your purchase of the products. Your contract with us is concluded once the products have been delivered to you by the courier or have been collected by you from a Partner.
In order to use the Services you must be over 18 years of age.
4) Our liability to you in relation to the Services
If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not
foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services.
We do not in any way exclude or limit our liability for: • (a) death or personal injury caused by our negligence; • (b) fraud or fraudulent misrepresentation; • (c) any other liability which cannot be limited by law.
5) The products
We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact our Customer Service Advisors if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colors accurately, we cannot guarantee that your computer’s display of the images accurately reflect the true color of the products.
We do not allow Partners to offer flawed items or products of lower quality than the corresponding market standards for sale on the Website. If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to us and we will liaise with the Partner on your behalf. Once the item is received by the relevant Partner, you will receive a full refund of the defective product, or alternatively a discount, replacement or repair for the item where possible, agreed on a case by case basis by us. We will refund you any applicable delivery charges and any reasonable costs you incur in returning the products (we will advise you whether the products will be collected from you or whether you need to arrange for them to be returned). Please see section 10 below for details of how to arrange a return.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
The products sold by the Partners are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. You further agree that you will not export, reexport, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List or the E.U.’s Consolidated Financial Sanctions List. Neither we nor the Partners have any liability to you for any loss of profit, loss of business, interruption of business or loss of business opportunity.
MERCATIFY guarantees that the Beauty products displayed on our site do not contain components that can cause risk to health, property or the environment.
6) MERCATIFY Partners
IMPORTANT: If you are purchasing products from any of the brands or boutiques listed at the end of section below (“Selected Partners”), then additional or different terms may apply to you in this section. Please see section 20 below.
As explained above, the contract for the purchase of the products is between you and the relevant Partner. We are acting as agent and are authorized by the relevant Partner to conclude the contract on its behalf but we are not a party to that contract and you are not purchasing the products directly from us.
We request that all Partners using the Website have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Partners’ business policies. If you are unhappy with the product or service you have received from a Partner, you should contact us and we will liaise with the relevant Partner on your behalf to try and resolve the issue.
Further information about the Partners and the products they offer is available in our How to Shop page.
7) Orders, prices, payment and taxes
IMPORTANT: If you are purchasing products from any of the brands or boutiques listed at the end of section 20 below (“Selected Partners”), then additional or different terms may apply to you in this section. Please see section 20 below.
The steps you need to take to place an order are explained in the “How to Order & Pay” section of our How to Shop page.
By completing the checkout process and placing an order by clicking the “Place Order” button on the checkout page, you are offering to purchase the products from the relevant Partner (and not directly from us). Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant Partner. All orders are subject to availability and confirmation of the order price, which is determined by the relevant Partner. After entering into the contrac

you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, color, etc.).
(a) Formation of the contract between you and the Partner(s). The identity of the Partner is shown on the order confirmation page when you place an order.
When you place an order, you will receive an email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by the Partner. The contract between you and the Partner in relation to the products will not be formed until we have checked that the Partner accepts your order. If your order is accepted, we will send you a confirmation email, which concludes the contract between you and the Partner. The confirmation email will include a description of the products purchased in the order and certain other information about your rights to cancel the contract between you and the Partner (please see section 10 below for further information on your rights to cancel the contract). Only those products listed in the dispatch confirmation email are included in the contract between you and the Partner.
(b) Pricing, availability and taxes
Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Partners, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Partner, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.

Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a Partner outside of your territory, you may need to pay import duties upon receipt of the products. We will notify you during the checkout process if import duties are included or you may have to pay them upon receipt of the products. If they are not included, neither we nor the Partner have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information and a “landed cost estimate” before placing your order. Additional information is also available in the “Duties and Taxes” section of our Orders and Shipping page..
Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. By initiating a return, you agree to disclaim and assign exclusively to MERCATIFY (and to the exclusion of any other party), any right to or interest in duty drawback you may have with respect to the returned item.
8) Delivery
The estimated delivery date of the products will be stated in your order confirmation email. If you do not receive an estimated delivery date from us, we will deliver the order within 45 days after the date of dispatch. We (and not the Partners) supply delivery services to you and we will try to ensure that your order is delivered by the estimated delivery date if given,) but there may be circumstances where delivery is delayed because of events beyond our reasonable control (please see section 15 below for further information). If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.
Delivery times may vary depending on the availability of the products and your delivery address. Delivery times, including for Same Day delivery, are estimates only and cannot be guaranteed. The product(s) will be delivered to you directly by the Partner(s) so your order may arrive in multiple deliveries and at different times.
In certain circumstances our delivery partner may leave your package outside or provide you with optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leave with neighbour, reception or security: re-directing the delivery to a neighbour, reception or security; (c) reschedule a new delivery date: selecting a delivery date that best suits you; (d) re-directing to a collection point: collecting your package from a collection point nearby. If our delivery partner leaves your package outside, or if you select any of the optional services (including through any default preferences you may have selected with our delivery partner separately) you acknowledge and agree that MERCATIFY shall bear no responsibility or liability for any loss or damage that may result from delivering your order in that way.
Please also read the information on our Orders & Shipping page as this contains important information about your order and its delivery.
We also offer the option to collect your order from a participating Partner. Please see our Click & Collect section for more details.
9) International Delivery
Details of the countries we deliver to can be found on our Orders & Shipping page. There are restrictions on some products for certain international destinations, so please review the information on that page carefully before placing an order.
If you purchase products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that destination. Please see section 7(b) (above) for more information on duties and taxes. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws.
10) Returns Policy
Please see our Returns Policy for information on returns, exchanges and our Free Returns service. For further information on cancelling your order under the CCRs, please see below.
Please note that in certain cases the Partner may reject your return of a product and MERCATIFY (or any of its group companies) may, at its sole discretion, choose to purchase the product from you. You agree that legal title to such product will automatically pass to MERCATIFY (or its relevant group company) upon MERCATIFY (or its relevant group company) choosing to purchase such product from you.
Cancelling under the Consumer Contracts Regulations
Depending on where you live, you have a legal right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“CCRs”) or equivalent consumer legislation in the EU. This means that, during a certain cancellation period, if you change your mind or for any other reason you decide you do not want to keep the purchased products, you can notify us of your decision to cancel the order. Once the products are returned to the relevant Partner you will receive a full refund, including the original delivery costs; however you will be liable to arrange and cover the full cost of returning the order to the Partner.
Except in relation to certain types of products as set out in the Returns Policy, you may cancel a contract at any time before your order is delivered and up to 14 days afterwards, beginning on the day after you received the products (“cooling-off period”).
To cancel a contract, you must clearly inform us, preferably: • By telephone on +1 (213) 550-3798, giving us your name, address and order reference; or • By completing and returning the cancellation form and sending it to the address set out in the form.
If you cancel an order (or part of an order) during the cooling off period, you must return the product(s) within 14 days after the day on which you notify us of the cancellation, and ensure the item(s) comply with the conditions of our Returns Policy.
If you cancel a contract between us within the 14 day cooling-off period, we will process the refund due to you as soon as possible. In any case your refund will be completed within 14 days after the day on which the Partner received your return, or if earlier, the day on which we receive evidence that you have returned the product(s) to the relevant Partner’s address.
11) Our Website
This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.
(a) Access to the Website

The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.
We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Partners) satisfy any legal requirement that same communications be in writing.
(b) Your conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
You must not use the Website for any of the following:
In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”. To cause harm, annoyance, inconvenience or needless anxiety to any person.
Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.