TERMS AND CONDITIONS

Please read these Terms and Conditions carefully before using this website (“Site”).

These Terms and Conditions constitute the agreement between you as a user, viewer of the Site, vendor, customer, merchant or contributor of content (the “User” or “you”, “your”) and Modern Fashion Design (“MFD”, “FORM”, “we”, “us” or “our”), a company whose address is at 32 Suleiman Al Nabulsi St, Abdali, Amman, and trading under the name “FORM”. This agreement governs your use of the Site, and FORM’s relationship with you in relation to the Site, and the terms and conditions on which we supply the products to you. 

By continuing to browse and using this Site, inputting any details, placing any order, downloading materials from the Site, or using any content within our Site, you agree to abide by the Terms and Conditions set forth here, and you confirm your obligation to comply with our Terms and Conditions, Privacy Policy, and other guidelines posted on the Site. For the avoidance of doubt, the Privacy Policy of FORM is an integral part of this agreement.

FORM reserves the right to update, change or replace any part of the Terms and Conditions contained herein at any time by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued access or use of the Site following any changes constitutes an unconditional acceptance to the changes made.

For the avoidance of doubt and for the sake of clarity, if any discrepancy between these Terms and Conditions and any other provision and/or terms and/or otherwise arises between FORM and you, the provisions of these Terms and Conditions will prevail.

 

  1. Use of this Site

The content of this Site is for informational purposes only, and as such is subject to change without notice. 

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You must not disclose your username or password to any third party. You agree to accept responsibility for all activities that occur under your account or password. 

You may not use our products or Site for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction via the use of the Site. You must not transmit or introduce to our Site any viruses, trojans, worms or other material of any nature or that is malicious or technologically harmful. 

A breach or violation of any of the provisions in these Terms and Conditions will result in an immediate termination of the agreement by FORM without notice to the User.

 

  1. General Conditions

You will make an offer to purchase the products in accordance with these Terms and Conditions by placing an order via our Site. FORM is then free to accept or reject the offer made. Our acceptance of your order will take place when we email you with a written acknowledgement, at which point a contract will come into existence between you and us. For the avoidance of doubt, a quotation for the products given by us shall not constitute an offer. 

If we cannot or are unable to accept your order, we will inform you of this and will not charge you for the products. This might be for reasons such as the product being out of stock, a credit reference we have obtained for you does not meet our minimum requirements, we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.

We will assign an order number to your order and email it to you when we accept your order. Please keep note of the product number as it will help us if you can tell us the order number whenever you contact us about your order.

FORM reserves the right to refuse service to anyone for any reason at any time and to refuse any order you place with us. 

 

  1. Material on our Site

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site without the express written permission by us.

You must not use any part of the content on our Site for commercial purposes without our prior express permission and without obtaining a license to do so from us or our licensors.

 

  1. Account Information

Your submission of personal information through the Site is governed by the Privacy Policy which is an integral part of this Agreement. Please view our Privacy Policy to understand our practices.  

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. This will allow us to perform our obligation of supplying the products to you. We reserve the right to refuse any order in the case any information provided is inaccurate, incomplete or outdated.

Please treat the information you provide us with, including your username and password as confidential. You must not disclose it to any third party.

 

  1. Accuracy of Information

We make every effort to ensure that the descriptions of items are reasonably accurate. We are not responsible for inaccuracy, incompleteness, or timeliness of the information made available on this Site. The material and content of this Site are provided for general information only and the images of products on our Site are for illustrative purpose only. For the sake of clarification, any drawings, descriptive matters or advertising produced by us and any illustrations contained in any brochure or catalogue produced by us are for the sole purpose of giving an idea of the products referred to in them, and they shall not form part of the contract between us nor have any contractual force. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of FORM. 

We have made every effort to display as accurately as possible the colors and images of our products that appear. We do our best to limit colour variations, but there may be differences in color between our products and the images of them in the catalogue due to technical constraints or due to the device monitor’s display. This may also result in shade and colour variations among batches of the same products.

 You can refer to the size chart available on our Site for size measurements to assist you in choosing the correct size.

 

  1. Changes

If you wish to request a change to the product you have ordered, please contact us. We will try to accommodate for such change and will let you know whether the change is possible. If it is possible, we will let you know about any changes to the price of the products, the delivery time or anything else which would be affected as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

 

  1. Delivery

The costs of delivery will be as displayed to you on our Site and will be added to the total price of the order placed with us. You shall be responsible for any customs incurred as a result of the delivery, refund or any redelivery.

We will deliver the products you ordered to you as soon as reasonably possible via a courier partner of our choosing, and within the time-frame we have supplied you with. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. 

We are not responsible for delays outside our control or for delays caused by a force majeure event or for your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the products. If our supply of the products is delayed by an event outside our control, such as the courier’s fault, then we will contact you as soon as possible to let you know and we will try to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event.

The products you ordered will become your responsibility from the time we deliver through the courier the products to the address you gave, and the risk in the products shall pass to you then. For the avoidance of doubt, delivery is completed on the completion of the loading of the products at the delivery location you have provided us with. 

The ownership of the products passes to you upon the receival of payment in full.  

 

  1. Payment

We accept payments online using Visa and MasterCard credit/debit card in USD. We will begin processing your order once the payment has been received.

 

  1. Incorrect or Faulty Products

We inspect all deliveries to ensure that the products you receive meet our quality standards. However, subject to Clause 15, if you do receive items that were faulty (due to our fault) or damaged at our premises, or are clearly of the incorrect style and/or size to those ordered by you please contact us to arrange a return delivery and a refund. The return must be received by FORM within (14) days from delivery, or otherwise the items will be considered as accepted and no refund will be made.

If we consider that, upon us receiving the order claimed to be due to our fault faulty, damaged at our premises, or clearly of incorrect style and/or size, your claim is not sound, we will not issue any refund or order any replacement. Should you wish to arrange for redelivery of the items, you will be responsible for the costs of redelivery.

 

  1. Indemnification

You agree to indemnify, defend and hold harmless FORM, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from:

  • Any violation of these Terms and Conditions; or
  • Any activity related to your account (including negligent or wrongful conduct)
by your or any other person accessing the Site using your internet account.

 

  1. Custom Orders

FORM is unable to accept returns, refund of or exchange items that have undergone customization, unless they have been found faulty after detailed examination by our team due to our fault. 

Please choose your customization details carefully and retain a copy of your confirmation for future reference. This is to ensure that if we have incorrectly customized your items contrary to your instruction’s as per the confirmation notice, such items will be replaced.

 

  1. Prices

We put our effort to ensure that the prices on our website are correct. The price of the goods will be the current price in force at the date of Dispatch. All prices exclude:

  • delivery charges;
  • VAT; and
  • where applicable for overseas deliveries, any export and import duties and levies.
 

For the avoidance of doubt, any delivery charges, VAT and export and import duties and levies are payable in addition to the contract price.

If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of the VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

 

  1. Typographical Errors
In the event that a FORM product is mistakenly listed at an incorrect price, FORM reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. FORM reserves the right to cancel or refuse any such orders whether or not the order has been confirmed and your credit card/debit card charged. If your credit card/ debit card has already been charged for the purchase and your order is cancelled, please rest assured that FORM shall issue a credit to your credit card/ debit card account in the amount of the incorrect price.

 

  1. Stock

Every effort is made by FORM to accurately display correct quantities but due to unforeseen circumstances some items may not be available at the time of purchase. Our staff will contact you to advise if this is the case. Please note that if an item is out of stock you will be notified as soon as possible and we may either reject your order, or delay delivery if a replacement item is selected. Alternatively, if payment has been made then we will refund the amount if no such replacement is selected.

 

  1. Returns
Products may only be returned to us subject to the following conditions:
 
  • Before you return any products to us, we must provide you with a prior written authorization to do so.
  • We need not accept the return of any products unless such products are returned to us within (14) days of the receipt by you.
  • Products returned must be accompanied by a copy of the invoice, the authorization of return, and the name and address of you as a purchaser and returned using our nominated carrier.
  • You shall be responsible for all costs and expenses associated (directly or indirectly) with the return of the products, such as shipping costs and restocking fees, unless we determine otherwise.
  • Subject to clause 11, products which have been customized are not eligible for return.
  • Products to be returned must be in their original garment bag.
  • Sale items are non-refundable and non-exchangeable.
 
To receive a refund of the products ordered, the return must be received by FORM within (14) days from delivery, or otherwise the items will be considered as accepted and no refund will be made.

 

  1. Disclaimers of Warranties and Limitations of Liability

Our Site is made available free of charge. FORM does not guarantee, represent or warrant that our Site, or any content on it, will always be available or uninterrupted, or that your use of our Site will be uninterrupted, timely, secure or error-free or free from bugs or viruses.

We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations or are fit for purpose. 

We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees and for fraud or fraudulent misrepresentation.

You expressly agree that your use of or inability to use the Site is at your sole risk. The products and services delivered to you through the Site are 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 purpose, durability, title and non-infringement. 

In no case, whatsoever, shall FORM, its directors, officers, employees, affiliates, agents be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation loss of profits or revenue, sales, business or savings, or loss of data, replacement costs, business interruption, loss of business opportunity, goodwill or reputation, or any similar damages, whether based in contract, tort, strict liability, breach of statutory duty or otherwise, even if foreseeable, arising from your use of any of the Site and/or services and/or any products in the Site, or from reliance on any content displayed on our Site, or for any other claim related in any way to your use of the service or 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 posted, or made available via the Site, even if advised of their possibility.

In any case, our total liability to you for any damages in connection with any contract between us, whether in contract, tort, breach of statutory duty, or otherwise, shall be limited to the price of the products as per your order.

 

  1. Waiver
The failure of and/or delay by us to exercise or enforce any right or provision under these Terms and Conditions shall not constitute waiver of such right or provision.

 

  1. Entire Agreement
These Terms and Conditions and the Policy Service and any other rules posted by us on the Site or in respect of the products constitute the entire agreement and understanding between you and us and govern your use of the Site, and supersede any prior agreement or communications, whether oral or written.

 

  1. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the Laws of Jordan. FORM and you agree to the exclusive jurisdiction of the courts of Jordan.

 

  1. Contact Information

Name: (FORM)

Email Address: (info@formwear.com)

Postal Address: (32 Suleiman Al Nabulsi St, Abdali, Amman)

Telephone Number: (+96264659193)

 

 

Online Store Coming Soon
Fall/Winter 2019