TERMS & CONDITIONS | Scarlett Poppies
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TERMS & CONDITIONS

SECTION 1 - ONLINE STORE TERMS
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By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. Minors under the age of 18 are prohibited to register as a User of this website and are not allowed to transact or use the website.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
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We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
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We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
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Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
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Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

Multiple transactions may result in multiple postings to the cardholder’s monthly statement.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

Refunds will be done only through the Original Mode of Payment.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
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We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
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Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

Scarlettpoppies.com will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
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If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
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Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
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Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
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In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
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We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Coolusion International DMCC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.

SECTION 14 - INDEMNIFICATION
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You agree to indemnify, defend and hold harmless Scarlett Poppies and our parent Company Coolusion International DMCC (Registration DMCC178961), subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
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In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
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The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof)

SECTION 17 - ENTIRE AGREEMENT
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The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - CHANGES TO TERMS OF SERVICE
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You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 19 - CONTACT INFORMATION
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United Arab of Emirates is our country of domicile.

Questions about the Terms of Service should be sent to us at info@scarlettpoppies.com

Our customer service representatives are available from 9am to 5pm.

Please email us at care@scarlettpoppies.com or call at +971 45 786707.

SECTION 20 – PAYMENTS
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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.

The cardholder must retain a copy of transaction records and Merchant policies and rules.

We accept payments online using Visa and MasterCard credit/debit card in AED (or any other agreed currencies).

SECTION 21 - SHIPMENT-DELIVERY-TRANSPORT - DUTIES
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The responsibilities of Scarlett Poppies and the buyer respectively are defined in accordance with the «ex-works» lncoterm of the international chamber of commerce, unless otherwise stipulated on the order form.

The liability of Scarlett Poppies ceases as soon as the packaged goods are handed over to the carrier. The buyer alone is liable for any risk the products might undergo, including those connected with transport, from the moment the product leaves the premises of the supplier. The delivery note given to the carrier will constitute the proof of the delivery. In case of refusal of the delivery by the buyer, the latter shall be responsible as an indemnity and without any prejudice, for real and legal or extra-legal charges for an indemnity equal to 30% of the invoicing amount.

All custom fees, taxes and any other additional costs associated with your purchase overseas are the responsibility of the customer. These are not included in the cost of the order or shipping fee. 

We suggest contacting your local customs office if you are unsure of the applicable taxes and customs fees that are relevant to your purchase. Scarlett Poppies is not responsible for any additional taxes and customs charges that are requested during the shipment of your order.  We do not offer refunds for these costs.

If an order is refused by a customer due to custom fees, the parcel will be held for 2 weeks and then be abandoned if these fees are not paid in this time. Scarlett Poppies is not responsible for the handling of an abandoned order.

Please note, for shipments to the EU, taxes are included in the total cost and will be shown at check out.

SECTION 22 - RETURNS
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TIMEFRAME FOR RETURNS

Item(s) purchased via our online store can be returned within 14 days of receiving your original order.  Please check returns policy and conditions carefully to ensure you are eligible to return your purchase and receive a store credit, exchange or refund.

FAULTY ITEMS

If you believe the item is faulty, please email us immediately at care@scarlettpoppies.com

If your garment is deemed faulty, we will send you a replacement product immediately. Should we not have the same product in stock, we will offer you a refund, store credit or an exchange. A product is deemed faulty if the garment:

- Has a genuine manufacturing fault; and/or,

- Does not correspond with descriptions given to you.

Please note any refund for a faulty garment must be credited to the original card or account used at the time of purchasing the garment.

Photographs of the fault are also welcomed. Please include your original invoice number along with any photographs.

Faulty items do not include those that have already been washed and/or worn by the customer. If damage occurs after the customer has used the product, we cannot accept a return.

Please note that loose threads are not considered to be a manufacturing fault. This occurs naturally during the manufacturing process and these can easily be cut off without damaging your garment.

WRONG SIZE OR CHANGE OF MIND

Subject to compliance with the above timeframes for returns, we will offer refund, store credit or exchange for a change of mind or for incorrect sizing if:

- The garment has not been worn, altered and/or washed and is in pristine condition so that it can be re-sold.

- The garment has not been damaged whilst in the customer's possession or during delivery.

- The customer has proof of the garment purchase.

- The round return disclaimer tag is attached to the garment.

Note: ‘damage’ may include the presence of any fake tan, make up or other marks and the presence of the smell of cosmetics, perfume, deodorant, washing powder or other product and odours on the garment.

Please note, we provide exchanges for the same item, different size or colour only.

OTHER CONDITIONS FOR RETURNS

You must complete the returns as described under INITIATE YOUR RETURN above and enclose the goods you are returning. You do not need to email or contact us prior to sending your return to us but we do encourage this for faulty products.

The goods must be returned at: System Transport.

Please refer to the return label included in your original package. You can also download it here

If you need any help, please email us at: care@scarlettpoppies.com

Goods must be receipted by us before we are able to issue you a refund, a store credit or exchange.

We are unable to process returns until your item is received and has been inspected by us.

The cost of return shipping is at the customer's expense for any return due to a change of mind or wrong size.

We do not refund or add credit for cost of return postage unless the product is faulty. We inspect all return items upon receipt. If your returned goods are assessed as having been worn, damaged, altered, tags removed, or otherwise returned outside of the stipulated timeframe, we will notify you of this assessment and the goods will be returned to you.

We do not accept responsibility for items that are lost or damaged by your courier when being returned to us. We recommend you keep a copy of your couriers tracking number for your follow up.

Any items received by Scarlett Poppies that do not comply with our return conditions will be returned to sender. 

EXCHANGES

Please note, we provide exchanges for the same item, different size or colour only and for faulty items.

REPEATED RETURNS

We offer a flexible returns policy to make your online shopping experience even easier. We do monitor the number of returns made by customers and continued returns in breach of out terms and conditions will be flagged and may, at our discretion, lead to the closure of your Scarlett Poppies account or future orders being refused.

HOW LONG DOES MY RETURN TAKE TO PROCESS?

Once your return has been received at our warehouse, we will notify you with an email. Please allow up to 3 business days for the return to be processed. 

SECTION 23 - FAULTY ITEMS
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We do inspect all our garments prior to sending these out to our customers to maintain a high standard of quality. However, if on the very rare occasion you do happen to receive a faulty item, please email us right away at care@scarlettpoppies.com  so we can take the best possible course of action for you, subject to our Returns Terms and Conditions. Please provide an image of the fault so we can assist you further.


Faulty items do not include those that have already been washed and/or worn by the customer. If damage occurs after the customer has used the product, we cannot accept a return.


Please note that loose threads are not considered to be a manufacturing fault. This occurs naturally during the manufacturing process and these can easily be cut off without damaging your garment.

SECTION 24 - GIFT CARDS
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All gift cards, are subject to the following terms.

Lost or stolen gift cards cannot be refunded or replaced.

Gift cards are valid for 3 years from the date of issue.

Any unused balance will remain on the gift card until expiry.

Gift cards cannot be reloaded.

Gift cards cannot be used to purchase other gift cards.

We reserve the right to cancel any gift card for any reason and at any time. Where we cancel a gift card, we will provide you with a refund or replacement gift card, other than where cancellation occurred due to suspicions of fraud or illegal activity.

Gift cards will be delivered to the email address entered by you in the gift card 'Contact information Email' field.

It is your responsibility to correctly enter the email address for receipt of the e-gift card. E-gift cards cannot be refunded or replaced where you enter the incorrect email address, or where you share or forward the e-gift card in error.