1. PREMISES:

The present agreement (hereinafter “Agreement”) include all these terms and conditions apply to Ultima Moda  website ( www.ultimamoda.ae )and Ultima Moda LLC (all the above collectively referred to as “Ultima Moda”) .

By accessing Ultima Moda and by clicking the below botton( ticking the below button) any visitor of the website(hereinafter the“ Visitor”)  confirms his understanding of the Agreement , and agree to be bound by the same.

Ultima Moda reserves the right, to change, modify, add, or remove portions of this Agreement any time. Changes will be effective when posted on Ultima Moda without the need of any further notice.

2. USE OF THE WEB SITE

2.1 Visitor can visit and use Ultima Moda for the sole purpose of purchasing the goods showed herein.

2.2 Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

2.3 Content provided on Ultima Moda is solely for informational purposes.

2.4 Product representations expressed on this Ultima Moda may be of the vendor. Submissions or opinions expressed on this Ultima Moda are those of the individual posting such content and may not reflect our opinions.

2.5  Certain services and related features that may be made available on Ultima Moda may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every Visitor of Ultima Moda website is solely responsible for keeping passwords and other account identifiers safe and secure. The Visitor is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account.

2.4 Ultima Moda shall not be 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 and in general with this  Agreement .

During the registration process you agree to receive promotional emails from Ultima Moda. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

3. USER SUBMISSIONS

3.1 Anything that you submit to Ultima Moda and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you.

3.2 In addition to the rights applicable to any Submission, when you post comments or reviews to Ultima Moda, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall 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 Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

4. ORDER OF ACCEPTANCE AND PRICING

4.1 Please note that there are cases when an order cannot be processed for various reasons. Ultima Moda 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.

5. LIMITATION OF LIABILITY

5.1 We are determined to provide the most accurate pricing information on Ultima Moda to our Visitor ; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website.

5.2 As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

5.3 Ultima Moda is not responsible for any delay in delivery of the goods. Goods shall be delivered to the Visitor after purchase within indicatively a maximum period of 2 weeks timem unless differently provided by Ultima Moda, no remedy either by this Agreement either by law shall be applicable in case of delay with the exeption of the cancellatation of the order after 3 weeks of delay.

5.4 Ultima Moda confirm that Is goods are free of any defects, however Ultima Moda shall not be responsible for minor defects such as (list of possible minor defects)

5.5 Ultima Moda shall not be liable for any possible allergic reactions that can be induced by the material of the goods purchased. Visitor is invited to carefully check the labels highlighting the materials of the goods.

5.6 Ultima Moda shall not be responsible for any indirect, incidental, special, punitive or consequential loss or damages, or for loss of revenues, profits or data, arising out of performance under this Agreement, whether in Contract or in Tort or Otherwise, even if Ultima Moda has been advised of the possibility of such damages.

6. TRADE MARKS AND COPYRIGHTS

All intellectual property rights, whether registered or unregistered, in Ultima Moda, information content on Ultima Moda and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of Ultima Moda also are protected by copyright as a collective work under UAE copyright laws and international conventions. All rights are reserved.

7. RETURN OF THE GOODS

7.1 Once the Visitor complete a purchase and received any of the goods (hereinafter referred to as Goods )through Ultima Moda, the Visitor will have three (3) calendar days in order to choose if you would like to either keep or return it (hereinafter “Return Period”).

7.2 If the Visitor decides to send back any of the Goods, the Visitor shall place the Goods in the same original package provided by Ultima Moda. Ultima Moda will collect the return package. Ultima Moda is entitled to charge the Visitor for any item not returned to Ultima Moda.

7.3 Visitor is liable for any loss or damage to the Products of the Box after delivery .

7.4 After Visitor return the Product to Ultima MOda , Ultima Moda will inspect the Products and determine in its sole discretion whether (i) any Products have been damaged; and/or (ii) are not returned to us unworn and in their original condition; and/or (iii) do not have the tags in place or the tag has been modified or removed . If Visitor returns the Products unworn, undamaged, in their original condition and with all the tags in place, Visitor will be deemed to have rejected the Product(s) and Ultima Moda will effect the relevant reimbursement within 3 weeks from the date of receipt of the goods.

7.5 If not, Visitor will be deemed to have accepted the Product(s) and Visitor will be charged the full price of the item.

7.6 It is mutually agreed that any Products not returned within the Return Period in accordance with the terms and conditions will be deemed as fully accepted by the Visitor , and Ultima Moda shall be entitled to charge through any suitable means for those Products if not done earlier.

8. TITLE OF THE GOODS

8.1 The title of any of the Products will be transferred to Visitor from Ultima Moda upon receipt of your payment.

9. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions shall be interpreted and governed by the laws in force in Dubai, United Arab Emirates. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Dubai and to waive any objections based upon venue.

10. TERMINATION

In addition to any other legal or equitable remedies, Ultima Moda reserve the right, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under the Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of Ultima Moda and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Ultima Moda in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that Ultima Moda shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with Ultima Moda or with any terms, conditions, rules, policies, guidelines, your sole and exclusive remedy is to discontinue using Ultima Moda.

11. ARBITRATION

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Dubai, UAE in English and governed by Dubai law pursuant to the Rules of Commercial Conciliation and Arbitration of 1994 (Dubai), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Dubai and is independent of either party. Notwithstanding the foregoing, Ultima Moda reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.