This agreement defines the conditions for ordering in Jams Atelier Trading garments which producing by individual orders and their payment, as well as the rights and obligations of the parties.
- Terms and definitions used in the contract
1.1.Offer — this public offer agreement for the provision of tailor-made garments services, published on the website: www.jams-atelier.com
1.2 Acceptance of the offer – full and unconditional acceptance of the offer by performing the actions specified in clause 1.9. of the offer. Acceptance of the offer creates a contract.
1.3. Contract – an agreement between the “Contractor” and the “Customer” for the provision of services for tailoring outerwear products for individual orders, which is concluded by accepting the offer.
1.4. The Customer is a fully capable individual who has accepted the terms of this offer and placed an order.
1.5. The Contractor is the manufacturer of the product who has made the tailoring of outerwear on an individual order in accordance with the contract.
1.6. Production – the process of making according to the individual order of the Customer on the basis of the presented in the catalog on the website: www.jams-atelier.com or in the other official Contractor’s accounts samples. When placing an order, the Customer is obliged to specify his measurements, colors and material from the proposed options, the style and name of the selected model, as well as individual wishes for the product.
1.7. Order – an order made by the Customer for individual tailoring of outerwear, filled out on the official website or in any other official account of the Contractor.
1.8. The website is the official information resource of the Contractor posted on the Internet at: www.jams-atelier.com (http://www.jams-atelier.com/)
1.9. Acceptance of the terms of the Contract – when going to the Contractor’s official website, the Customer is obliged to familiarize himself with the terms of the submitted offer agreement. The agreement with the conditions specified in the offer is expressed in filling out and sending an order for individual tailoring, indicating the full data provided by the order.
1.10. Payment date – receipt of funds to the Contractor’s current account.
1.11. Product – clothing made according to the Customer’s individual order.
1.12. The result of the provision of services (work performed) – the product of outerwear made by the Contractor in accordance with the individual order of the Customer.
- General provisions
2.1. Jams Atelier trading LLC, acting on the basis of Commercial license number 1045226 (hereinafter referred to as the “Contractor”), publishes this agreement on the provision of services for producing outerwear (hereinafter referred to as the “Product”) by individual orders through the online atelier (hereinafter referred to as the “Atelier Jams”).
2.2. This agreement is a public offer agreement (offer) addressed to individuals (hereinafter referred to as “Customers”).
2.3. This public offer (hereinafter referred to as the “Offer”) defines all the essential terms of the contract between the Contractor and the Customer (hereinafter referred to as the “Parties”).
2.4. The contract-offer must be accepted by any individual who intends to order and purchase a product provided by Jams Atelier trading LLC through the online atelier “Atelier Jams”.
2.5. In case of acceptance of the terms of this Offer agreement, the individual who accepts the offer becomes the Customer.
2.6. The Customer unconditionally accepts all the conditions contained in the Offer as a whole (i.e. in full and without exceptions).
2.7. The Offer, as well as all additional information about the Contractor’s products, is published on the website: www.jams-atelier.com (http://www.jams-atelier.com/)
2.8. The online atelier “Atelier Jams” is designed to inform individuals about the services provided Jams Atelier trading LLC as the organisation of a remote method of selling products via the Internet, made by the Contractor according to individual orders.
2.9. Use of any information from the site www.
jams-atelier.com, (http://www.jams-atelier.com/) including for commercial purposes, is prosecuted by law. Public placement of goods and materials from the site www.jams-atelier.com (http://www.jams-atelier.com/) is prohibited to publish on the Internet, printed publications, mass media, social networks without the written permission of Jams Atelier trading LLC.
2.10. For visual demonstration of the color and texture of the products the photos of models are used. Please note that accurate color reproduction is impossible due to the peculiarities of color reproduction by digital devices, monitor settings and color play in different lighting conditions. In addition, the photos presented on the website cannot fully convey reliable information about the properties and characteristics of the product, including the size, style, shape and composition of the product. In this connection, Customer should consult with the Contractor using the contact details indicated on the website before placing an order.
2.11. Deposit – the advance payment which is not refundable in case of termination of the contract due to the fault of the customer.
The current version of the offer agreement is always available on the website: www.jams-atelier.com (http://www.jams-atelier.com/)
- Subject of the contract
3.1. Under this Agreement the Contractor undertakes, on the basis of an order plased by the Customer on the Contractor’s official website: www.jams-atelier.com or on the other official Contractor’s account to provide services of individual producing of the product. The Customer, in turn, undertakes to accept and pay the result of the work to the Contractor in accordance with the terms of this Agreement. In addition, the Contractor undertakes to arrange and the Customer, in turn, undertakes to pay the delivery of the results of the work performed to the Customer.
3.2. The term of product producing is determined by the Contractor and depends on the volume and complexity of the work. The cost and the terms of Order delivery depend on the terms of delivery services.
3.3. The prices are set by the Contractor and are valid from the moment of acceptance of the order until the fulfillment of obligations to the Customer, regardless of subsequent price changes on the website.
3.4. The Contractor has the right to involve third parties in the provision of services under this Agreement.
- Making an order
4.1. To place an order, the Customer fills in the electronic order form proposed by the Contractor. The Contractor is not responsible for the accuracy and correctness of the information provided by the Customer when registering and/or placing an Order.
4.2. The Contractor manufactures products based on the data provided by the Customer specified in the order. The contractor carries out individual tailoring of clothes from its own material and accessories.
4.3. The Contractor’s obligations related to the Order arise from the moment of Customer’s deposit of 50% of the cost of the product to the Contractor’s settlement account.
- Price and settlement procedure of the Parties
5.1. The cost of the product under this agreement is determined specifically for each application for each Customer, based on the scope of work, the cost of the material and other components.
5.2. Payment to the Contractor is made in United Arab Emirates dirham using the link generated by the site operator, in the following order:
5.2.1. At the time of placing the order, the Customer makes a deposit in the amount of 50% of the order value
5.2.2. The Customer pays the remaining part of the payment in the amount of 50% of the cost of the product within 3 days from the date of notification of the readiness of the product but before than the Contractor will send the product to the Customer.
5.3. The Contractor, in agreement with the Customer, may change the formed price, both up and down due to varying complexity, volumes, terms and other conditions.
- Product delivery
6.1. The address and method of delivery of the product is agreed with the Customer.
6.2.
The Contractor is not responsible for the delay caused by incorrectly specified address by the Customer or the work of the courier delivery service chosen by the Customer.
- Rights and obligations of the Contractor
7.1. The Contractor has the right to:
7.1.1. To demand from the Customer timely and full payment for the services provided by the Contractor in accordance with this Agreement
7.1.2. Involve third parties in the execution of the Contract, remaining responsible to the Customer.
7.2. The Contractor undertakes:
7.2.1. Strictly comply with the terms of this Agreement
7.2.2. Not to disclose any private information of the Customer and not to provide access to this information to third parties, except in cases provided for by the legislation
7.2.3. The Contractor reserves the right to change this agreement unilaterally until the moment of its conclusion.
- Rights and obligations of the Customer
8.1. Before performing actions aimed at making an Order, familiarize yourself with the contents and terms of this public offer agreement.
8.2. Strictly comply with the terms of this Agreement.
8.3. Provide the Contractor with the information requested by him, namely: his measurements, the color of the selected product, style, model, individual wishes, as well as other data necessary for the Contractor.
8.4. To coordinate with the Contractor the material, accessories of the product, as well as other data necessary for individual tailoring to the specific parameters of the Customer.
8.5. Pay for the services of the Contractor in the manner and within the time limits stipulated by the Contract.
8.6. Provide the Contractor with reliable information necessary to fulfill the obligations under the Agreement.
8.7. The Customer is familiar with, agrees and confirms at the conclusion of the contract about his desire to conclude it, and also understands that at the conclusion of the contract he acquires obligations arising from the contract.
8.8. The Customer has read, agrees and confirms that the obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law. Unilateral refusal to fulfill an obligation and unilateral modification of its terms is not allowed.
8.9. The Customer is familiar with, agrees and confirms that the Customer does not have the right to refuse goods of proper quality having individually defined properties.
8.10. The Customer is familiar with and agrees that there may be permissible deviations in the finished products.
- Liability of the Parties and dispute resolution
9.1. The Parties are responsible for non-fulfillment or improper fulfillment of this Offer Agreement in accordance with the procedure provided for by this Agreement and the current legislation.
9.2. The Contractor is not responsible for the content and accuracy of the information provided by the Customer when placing the order.
9.3. The Contractor is not responsible for the delivery of the product, if the Customer specified the wrong address.
9.4. The Contractor is not responsible if the Customer’s expectations about the consumer properties of the product were not justified.
9.5. The Contractor is not responsible for partial or complete non-fulfillment of obligations for the delivery of the product, if they are the result of force majeure.
9.6. When placing an Order, the Customer is responsible for the accuracy of the information provided, and also confirms that he has read and agrees with the terms of this Offer agreement.
9.7. All disputes and disagreements arising when the Parties fulfill their obligations under this Agreement are resolved through negotiations. If it is impossible to eliminate them, the Parties have the right to apply for judicial protection of their interests. Any dispute or claim arising between Customers and Contractor shall be governed and construed in accordance with the laws of UAE
9.8. All disputes related to non-fulfillment or improper fulfillment of their obligations under this agreement, the parties will try to resolve during negotiations, as well as by sending written claims and responses to the address specified in the “Contacts” section of this Agreement for the Contractor, and to the address specified by the Customer when placing an Order for the Customer. The term of consideration of the appeal (claim) is 10 (ten) working days from the date of receipt.
9.9. Either Party is released from liability for full or partial non-fulfillment of its obligations under this Agreement if this non-fulfillment was caused by force majeure circumstances: strikes, floods, fires, earthquakes and other natural disasters, wars, military actions, state authorities, as well as any other circumstances beyond limits of reasonable control by either Party.
9.10. If there is a claim on the part of the Customer, the Contractor has the right to request evidence in the form of photographs, individual parts or the entire product for consideration of the claim. If the Customer has not provided proof or has not sent the parcel to the Contractor within 10 calendar days after sending the request, the claim is considered unfounded and cannot be satisfied.
- Term of the Agreement
10.1. This agreement comes into force from the moment the Customer accepts this Offer and ends with the full fulfillment of obligations by the Parties.
10.2. The obligations of the Contractor are considered fulfilled in full at the time of transfer of the finished product to the Customer.
10.3. The Customer’s obligations shall be deemed fulfilled in full upon payment in full of the funds specified in the order including the cost of delivery.
- Privacy Policy
11.1. The terms of the Privacy Policy and the relationship between the Customer and the Contractor related to the processing of personal data are regulated by the Law
11.2. The Privacy Policy applies to personal data that the Contractor has received or may receive from the Customer when placing an Order on the Service, and necessary for the fulfillment of obligations on the part of the Agent and the Contractor in relation for the services provided by the Customer.
11.3. The terms of the Privacy Policy and the relationship between the Customer and the Contractor related to the processing of personal data are regulated by the Law
The Privacy Policy applies to personal data that the Contractor has received or may receive from the Customer when placing an Order on the Service, and necessary for the fulfillment of obligations on the part of the Agent and the Contractor in relation to the services provided for the Customer
All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties
- Final provisions
12.1. The Parties confirm that the text of the Agreement contains all the conditions agreed by the Parties relating to the subject of the Agreement. After the conclusion of the Contract, all preliminary negotiations on it, correspondence, preliminary agreements on issues regulated by the Contract lose their legal force.
12.2. Neither Party has the right to transfer (assign, transfer) its rights and obligations under the Agreement in whole or in part to third parties without the written consent of the other Party.
- Details of the Contractor:
JAMS ATELIER TRADING LLC
Commercial license number 1045226
Registered address: office no m25,
Mohammed Saad Abdulla Al Sharif, building Suq Al kabeer, Bur Dubai, Dubai
United Arab Emirates