TERMS AND CONDITIONS
Last Updated on 1 September 2021
Please read these terms and conditions carefully.
Lals Retail L.L.C , doing business as Carter’s, and its affiliates and subsidiaries (collectively “Carter’s”, “we”, “us” or “our”) operates the Internet e-commerce website at (or any successor site) and its related sub-domains, sites, online applications, services and tools (“Platform”). The Platform is provided as a service to you (“you”, “your” or “users”) and is intended to allow you and other users to browse and order products and other goods or services (“Products”) offered for sale on the Platform.
In addition to our Terms, you may also find it helpful to visit the Help section of the Platform. Here you will find useful information on such things as our cancellation, delivery, returns and refund policy, (as well as helpful information relevant to other questions you may have).
If you cannot find an answer to your query, then please feel free to contact us at the email address specified in the Contact section below.
By accessing, browsing, using, registering with, or placing an order on the Platform, you confirm that you have read, understood and agree to these Terms. If you do not agree with the Terms in their entirety, please do not to use this Platform
Carter’s may amend these Terms at any time by posting an updated version. Carter’s encourages you to check the Terms regularly for any amendments to it. Your continued use of the Platform will constitute your express consent to these Terms. The “Last Updated” legend above indicates when these Terms were last changed.
Additional terms and conditions apply to purchases of Products and to specific portions or features of the Platform, including our Terms of Sale, all of which terms are made a part of these Terms. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to agree such terms and conditions.
Nothing in these Terms affects your statutory rights, either as a consumer or otherwise.
To open an Account, you must be at least 21 years of age and are required to provide true, accurate, complete and current information (including Name, Date of Birth, Email Address, Credit Card details, and other details) as requested during the Account creation. If you are below 21 years of age, you may not register an Account and instead you can consider asking a parent or guardian to register his or her own Account on the Platform.
By registering yourself on the Platform, you warrant that the details you provide to Carter’s are correct and complete and you agree that you will inform us immediately of any changes to those details (e.g. change of email or postal address). You can access and update your details using the “My Account” area of the Platform. You authorise us to use any information provided to us in registering to verify your information (including any updated information). Your application for registration must otherwise be acceptable to us in our own absolute discretion.
You are responsible for maintaining the confidentiality of your Account user name and password and for preventing unauthorised access to your profile. You agree to accept responsibility for all activities that occur under your Account. Please take all necessary steps to ensure that the user name and password is kept confidential and secure. Please inform Carter’s immediately if you have any reason to believe that your user name and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorized manner. Carter’s will never request your Account user name or password through electronic messages.
You will not be charged by Carter’s for registering an Account or browsing the Platform. You will only be responsible for making payment for any purchases through the Platform (including any tax on the purchase price, if any).
Carter’s reserves the right to refuse access to the Platform, terminate Accounts, remove or edit content, or cancel orders at our discretion. If Carter’s cancels an order, it will be without charge to you.
YOUR USE OF THE PLATFORM
You may only use the Platform for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Platform.
You may not copy, modify, distribute, sell, or lease any part of the Platform. Unless such restriction is prohibited by law or you have our written permission, you may not reverse engineer or attempt to extract the source code of the Platform. You may only access the Platform through the interfaces that we provide for that purpose (for example, you may not “scrape” the Platform through automated means or “frame” any part of the Platform), and you may not interfere or attempt to disrupt the Platform.
You may have the option of accessing the Platform through a downloadable software and this software may update itself automatically on your device. Some software or portions of the software, in the Platform may be governed by open source licenses. In that case, we will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control, but only with respect to the software, or portion of the software, to which it applies.
Except where otherwise specified on this Platform, the materials on this Platform are displayed solely for the purposes of promoting Products available in the UAE. However, Carter’s may accept orders for delivery to locations outside of the UAE subject to customs, legal, regulatory and certain practical restrictions. Those who choose to access this Platform from locations outside the UAE or place orders for delivery to locations outside the UAE are responsible for compliance with local laws, if and to the extent local laws are applicable (and any related costs and/or expenses).
You may not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or our systems or networks, or any systems or networks connected to the Platform or to us.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on Platform or with any other person’s use of the Platform.
We reserve the right to restrict or terminate your access to, or use of, the Platform or any feature or part of it at any time if you breach these Terms or for any other reason whatsoever without notice. Termination or limitation of your access or use will not waive or affect any other right or relief to which we may be entitled at law.
MATERIALS AVAILABLE ON WEBSITE
We and our suppliers and/or licensors may make available various merchandise information, product descriptions, reviews, and other information, data, content, and materials on the website (“Materials”). The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance of any Materials, you should confirm any facts that are important to your decision. We make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Platform, we would appreciate it if you let us know by contacting us at firstname.lastname@example.org.
If you have any concerns or questions about your health or the health of a dependent family member, please seek and rely on the advice of an appropriately qualified health-care professional. The information related to health, fitness and wellness contained in or made available through our Platform (including but not limited to information contained on videos, blogs, comments, in emails, in text files, or in chats) is designed for informational purposes only. You should not rely on such information as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the Platform. Nothing stated or posted on the Platform is intended to be, and must not be taken to be, the practice of medicine or counselling care (including psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counselling or providing health care treatment, diagnosis, prognosis or advice). Developments in medical research may impact the health, fitness and nutritional topics discussed on the Platform and no assurance can be given that the information contained in the Platform will always include the most recent findings or developments with respect to the particular material. Your access or use of the Platform does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our suppliers and/or licensors. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Platform. If you rely on any of the information provided on the Platform, you do so solely at your own risk.
USER CONDUCT AND USER GENERATED CONTENT
You agree that you will not use, sell or supply any Product purchased from Carter’s in an unlawful manner and, in particular, will comply with all export controls and sanctions rules.
The Platform may at times provide opportunities for users to submit comments or questions, or other information (“User Generated Content”) on it. You warrant that any such User Generated Content submitted by you to the Platform is original (and does not infringe the copyright of others), and you hereby grant Carter’s a perpetual, irrevocable, non-exclusive, royalty-free licence to use such User Generated Content so submitted for any purpose without restriction. You waive any moral rights in such User Generated Content. You agree that you will not post any content that is contrary to morality, defamatory, inflammatory, that infringes copyright, or that may otherwise breach common decency or be contrary to law. Carter’s has the right, but not the obligation, to monitor and edit or remove any activity or User Generated Content, and takes no responsibility and assumes no liability for any User Generated Content posted by you or any third party.
CHANGE OF WEBSITE AND CESSATION OF OPERATIONS
We reserve the right to change or correct any errors or omissions on the Platform, and to alter, limit or discontinue the provision of any of the services provided through the Platform at any time without prior notice to you.
The Platform may contain links to other websites. We make no representations or warranties as to the content, privacy practices and other practices of any websites operated by a third party and Carter’s does not assume responsibility for the content or practices of such websites. You should check the terms and conditions and privacy policies of all third party websites you visit to understand their procedures.
If you use any material, or visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive material. Carter’s does not endorse and is not responsible for the use of, or the content of, any third party websites. Carter’s is not responsible for anything that may happen when you use them.
Neither you nor any third party acting on your behalf may link to any page of this Platform.
You or third parties acting on your behalf may not (i) use our or our licensors proprietary marks and logos as meta tags or any other "hidden text"; or (ii) use framing technology to enclose any content included on the Platform, without our prior written consent.
Unless otherwise expressly stated, all contents of the Platform are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us or one of our affiliates or by third parties who have licensed their materials to us and are protected by the applicable laws.
We, together with our suppliers and/or licensors expressly reserve all intellectual property rights in all programs, products, processes, technology, content (that is graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content) and other materials, which appear on the Platform. Access to the Platform does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. Any use of the Platform or its contents, including copying or storing it or them in whole or in part, other than for your own personal, non-commercial use, is prohibited without our permission.
DISCLAIMER OF WARRANTY
The Platform is provided on an “as is” and “as available” basis. Carter’s, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees, expressly disclaim (to the fullest extent permitted by applicable law) any and all express, implied, and statutory warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, freedom from computer, mobile or internet device virus, title, and non-infringement of proprietary rights.
LIMITATION OF LIABILITY
To the maximum extent permissible by applicable law, Carter’s, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees:
- are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of, or in a way connected with the use or inability to use the Platform and its content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Carter’s is advised of the possibility of such damages; and
- exclude any and all liability for damages caused by, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the internet or on the Platform or combination thereof, including any injury or damage to any users or to any person’s computer related to or resulting from use of the Platform.
Where it is not possible to exclude liability under applicable law, you agree that the Carter’s’ maximum liability for any corresponding claim shall be limited to an amount of AED 100.
You agree to hold harmless and indemnify Carter’s, its parents, subsidiaries, affiliates, and their respective suppliers (including, without limitation, Authorised Suppliers), and any of their owners, officers, directors, managers, members, agents, and employees, from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and attorneys’ fees or other costs or expenses of any kind or nature arising from or in any way related to your use of the Platform, including, but not limited to those brought by you or on your behalf in excess of the liability described above, or by third parties as a result of your breach of these Terms, your violation of any law or the rights of a third party, or your use of the Platform.
These Terms, as supplemented by any additional documents referred to in them and any policies or rules posted on the Platform (including any amendments made from time to time as contemplated by these Terms) sets out the entire understanding and agreement between you and Carter’s with respect to the use of the Platform.
If we believe that your conduct is in violation of these Terms, applicable law, or otherwise harmful to the interests of Carter’s or any third party, we may terminate or suspend your access to all or part of the Platform, without Court order and without prior notice. Notwithstanding, such termination or suspension, you agree that you will continue to be subject to the obligations which, by their nature, survive such termination or suspension, including the obligations relating to Intellectual Property Rights.
To fulfil our obligations to you under these Terms, we may wish to communicate with you by email. Other electronic messaging and/or by posting notices on the Platform. You agree to receive communications from us electronically and these electronic communications will satisfy any legal requirement for communications which need to be in writing.
Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable and can be deleted without altering the essence of these Terms, the invalid, illegal or unenforceable provision will be severed and the remaining provisions will remain in full force or effect.
No Waiver: Any failure by us to enforce any terms set out in these Terms or other policies with you is not a waiver of our rights to enforce those terms.
Assignment and third party rights: You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing. We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.
GOVERNING LAW, JURISDICTION AND LANGAUGE
The Terms shall be governed by the laws of the Dubai International Financial Center (“DIFC”). Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the Courts in Dubai. All contracts for the purchase and sale of Products from the Platform shall be concluded in the language of these Terms.
These Terms may be published in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will prevail apply.
Lals Retail L.L.C, Commercial License No. 204135 and having its principal place of business at Dubai, United Arab Emirates. You can contact us regarding the Platform, or these Terms, on email@example.com and telephone number +971-4-881-1117.
Last Updated on 1 September 2021
Lals Retail L.L.C , doing business as Carter’s, and its affiliates and subsidiaries (collectively “Carter’s”; “we”, “us” or “our”) operates the Internet e-commerce website at [insert url] (or any successor site) and its related sub-domains, sites, online applications, services and tools (“Platform”). The Platform is provided as a service to you (“you”, “your” or “users”) and is intended to allow you and other users to browse and order products and other goods or services (“Products”) offered for sale on the Platform.
These provisions apply to purchases of Products on the Platform for delivery in UAE only.
Please read the following terms of sale ("Terms of Sale") carefully before purchasing any Products on the Platform. By purchasing any Products using the Platform, you agree to be bound by these Terms of Sale.
Additional terms and conditions as set out in the policies referred to in these Terms of Sale (“Policies”) may apply to purchases of Products, all of which terms are made a part of these Terms of Sale. If there is any inconsistency between the Policies and the Terms of Sale, then the order of precedence shall be: (a) the provisions of these Terms of Sale; and then (b) the Policies.
PLACING AN ORDER
By placing an order through the Platform you warrant that you are at least twenty-one (21) years old and that you are capable of entering into legally binding contracts.
The Platform may make available listings, descriptions, and images of Products. Such Products are made available by us or our suppliers. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Platform). Such information and the availability of any Products are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including the applicable colours. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect actual product colour or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
Some Products we sell are for children’s use; however, these Products are intended for sale to adults only.
We are not responsible for, and cannot guarantee the performance of Products provided by third parties, including any supplier, our advertisers, or other third parties to whose sites we link. We do our best to ensure that information provided on the Platform is accurate but we do not warrant that it is accurate, complete, reliable, current, and/or error-free. For Products, you should not rely solely on the information presented on the Platform, and you should read labels, warnings and directions provided with the Products.
All prices shown on the Platform are in AED and inclusive of Value Added Tax (“VAT”) at the applicable rate. If your chosen payment method is not denominated in AED, the final price of any products you purchase will be calculated in accordance with the exchange rate on the date your payment provider processes your payment.
Delivery fees will be calculated in accordance with our Shipping & Delivery Policy depending on your location, measurements, weight, size, nature and the value of the Product you have ordered. For more information concerning delivery fees please refer to our Shipping & Delivery Policy.
Prices are subject to change without notice. Prices may change at any time due to markdowns or price changes advised by the suppliers. These price changes can reflect at any time throughout the day and may result in the price of a Product increasing or decreasing. Pricing or availability errors may occur on the Platform. We reserve the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
From time to time we may offer certain promotions for eligible purchases or eligible customers. Please ensure that you read the terms of the promotion and enter any applicable Promotional Code on the payment page. If your Promotional Code qualifies, your deduction will be displayed in the payment summary. Only one Promotional Code per order will be accepted. Please note that we reserve the right to cancel orders in the event that an unauthorised Promotional Code is used. A Promotional Code cannot be applied retrospectively to orders that have already been placed.
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
The risk of loss and title to any gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. Your purchase and use of gift cards is subject to our Gift Card Policy.
When you choose to use our services to send a Gift Card to anyone, you represent that you have their consent to provide us their name, email address and/or mobile number. We will automatically send the receiver of Gift Card an email or mobile SMS informing them of the received Gift Card. Unless we are authorized by your friend, we will only use the receiver’s name, email address and/or mobile number for the purposes of sending this email and reminder emails for using the Gift Cards and maintaining an activity log of it.
ORDERS AND PAYMENT
Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase Products from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we take payment from you and dispatch the Products that you ordered from us.
Prior to the dispatch of the Products, we have the right to decline an order for any reason, including legal and regulatory reasons. Without limiting the generality of the preceding sentence, we reserve the right, at our sole discretion, to limit the quantity of Products purchased per person per household or per order. These restrictions may be applicable to orders placed by same account, the same credit card and also to orders that use the same billing and/or shipping address.
The duration of our contract with you will start from when you receive the order dispatch email and last until the last day of your right to return the Products.
If we cannot supply you with the Products you ordered, we will not process your order, we will inform you of this in writing (including email or other electronic messaging) and, if you have already paid for the Products, refund you in full as soon as reasonably possible.
During the checkout process, you will be asked to enter your payment details. We offer customers various payment methods including cash on delivery, credit card and debit card in accordance with our Payment Policy.
Where you pay by credit card, you agree, understand represent and warrant that the credit card details provided by you are correct, accurate and current and that you are lawfully authorized to provide us the details and use such credit card to make purchases on the Platform. Under no circumstances you shall use a credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to us. The card details will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove it otherwise' shall be exclusively on you.
We may request a pre-authorisation for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
- lack of authorization for any transaction/s;
- exceeding the pre-set limit mutually agreed by you and between your "Bank/s",
- any payment issues arising out of the transaction; or
- decline of transaction for any other reason/s.
All payments made against the purchases/services on website by you shall be compulsorily in AED. The Platform does not accept any other form of currency with respect to the purchases.
Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
Whilst your payment is being authorized, look out for https// in the address line of the page you are directed to. This indicates that your data is being transferred using Secure Socket Layer (SSL) protection. We use industry standard data encryption to make sure no unauthorized parties can access your payment details. We have also introduced secure code services for customers using Visa and Mastercard to shop on website.
The Products are not intended for reselling. We reserve the right, at our sole discretion, to prohibit sales to resellers. For the purposes of these Terms of Sale, “reselling” will be defined as purchasing or intending to purchase any Products from Carter’s for the purpose of engaging in a commercial sale of the same Products to a third party.
By confirming your purchase at the end of the checkout process, you agree to accept and pay the full amount payable for the Products as well as all shipping and handling charges, assembly charges (where assembly is offered and ordered) and applicable taxes. Full payment is required before an order can be dispatched to you. In the event that the sum due from you for your order cannot be debited or charged for whatever reason, your order will be cancelled. The only exception is if you have opted to pay cash on delivery in accordance with the Payment Policy.
We provide you with access to the Platform on the basis that, to the maximum extent permitted by law, we exclude all warranties, representations, conditions and other terms of any kind that access to the Platform will be uninterrupted or error-free. Where any errors in transmission result in the interruption of your purchase, you agree to cooperate with us to resolve such issues, and you agree that us shall have full discretion to determine the appropriate resolution in such cases.
Please note that Carter’s does not guarantee the security of data that you send to Carter’s by email or other form of electronic messaging. Accordingly, please do not send to Carter’s any payment information using email or electronic messaging. Only uses the payment gateway on our Platform. Unless Carter’s acts either fraudulently or negligently, Carter’s will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide to us when placing an order.
Title to the Products will pass to you on the later of the day on which: (i) you pay us in full for those Products; or (ii) the day you receive the Products. Risk in the Products in your order passes to you on delivery to the address detailed in the order.
In case of fraudulent activities in relation to use of our Platform, we reserve the right to recover the cost of goods, collection charges and lawyers’ fees from person(s) concerned. We reserve the right to initiate legal proceedings against such person(s) for fraudulent activities relating to use of the Platform and any other unlawful acts or omissions in breach of these Terms. We will prosecute any fraudulent activities relating to any attempt to reverse or seek a refund of a valid charge for an order that has been properly fulfilled and delivered to you and is not subject to a right of return.
Suspicious customers or customers with fraudulent history are required to be blacklisted in the payment gateway admin portal using their email ID, card number or IP address.
“Phishing” refers to the practice of fraudulently contacting people and asking them to provide confidential information, such as bank details, home address and date of birth. From time to time, we may contact our customers asking them to confirm personal details relevant to their order, such as shipping address or telephone number. If you are in any doubt about whether an email or other electronic message you have received is in fact from us, please contact our Customer Service Team at firstname.lastname@example.org before replying, so we can confirm that the email or electronic message was in fact sent by us.
SHIPPING AND DELIVERY
We will only deliver Products to addresses within the UAE. Orders that are placed for delivery to addresses outside the UAE will be automatically rejected during the order process.
Delivery charges and timescales vary depending on the type of Products ordered, the service you select and the delivery address. For further details of our delivery service please see our Shipping & Delivery Policy.
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained in our Shipping & Delivery Policy. All deliveries are made pursuant to a shipping contract with our courier partner, and, as a result, for products once they have been dispatched and are in the possession of the carrier (but see clause 6.17 above regarding the passing of risk of the Products on delivery.
We shall have no liability to you in respect of any delay or failure to deliver a product due to circumstances beyond our reasonable control, including (without limitation) delay or failure caused by adverse weather, strikes or transport problems.
If you wish to cancel your order, please see our Cancellation Policy. As Carter’s tries to process orders immediately it may not always be possible to prevent an order from being dispatched.
Please note that once Carter’s has dispatched the Product to you (that is the Product is out for delivery with our courier service partner), you will not be able to cancel your order. If Carter’s receives notice of your cancellation of a Products before dispatch, Carter’s will cancel the order and refund the relevant part of the purchase price of that Products in accordance with our Refunds Policy and Clause 10 (Refunds) of these Terms of Sale.
In addition to your statutory rights, including statutory rights relating to faulty or mis-described goods, we also operate a “goodwill” Returns Policy. If for any reason you are not satisfied with any Product purchased via the Platform, you may return them to us within 14 days of your receipt of such Products for a refund, provided they are returned in accordance with these criteria detailed in our Returns Policy. Carter’s reserves the right to refuse to provide a refund for any Products in the circumstances described in our Refunds Policy and Clause 10 (Refunds) of these Terms of Sale.
For delivered Products, we will refund to you the Products price amount (excluding the amount paid for the original shipping fees) in full plus the cost of return, if applicable, where:
- If the Products are faulty or not as described on our Platform;
- If your reason for return is due to an error on our side, such as an error in pricing or description; or
- Where we are otherwise required to provide a refund under applicable law.
In all other circumstances, we will refund the Product price amount (excluding the amount paid for the original shipping fees and excluding any bank, financial institutions charges or applicable third-party charges).
For Products not delivered, you will receive a full refund (excluding any bank, financial institutions charges or applicable third-party charges).
Orders can be cancelled before under our Cancellation Terms without any charges (except any bank, financial institution, or third-party charges).
We will not refund any delivery and assembly costs you have paid in case you requested to return goods already delivered to your home/place of delivery. As a general policy we will not accept any refund request for Products which fall under the installation category, however based on our evaluation of the Product’s condition and our sole discretion, we may refund the product value.
We issue the refund to the payment method that you chose when you made your order (except Gift Card and Cash On Delivery (“COD”)), as follows:
- If you paid by COD and you return your entire order and not part of your order, we would issue a refund to your Account on the Platform, which must be used within a maximum period of 6 months from the date of refund to your Account, else it will expire. If you do not have an Account with us, we will issue you a store credit by way of a return voucher/coupon (“Return Voucher”) with a validity of 6 months from the date of issuance. The Return Voucher will be sent to you by email. If you return only part of your order, your COD charges will not be refunded; or
- If you paid by Gift Card, we will issue a refund to your Account on the Platform, which must be used within a maximum period of 6 months from the date of refund to your Account, else it will expire, if you do not have an Account with us, we will issue you Return Voucher with a validity of 6 months from the date of issuance; or
- If you paid partly by credit or debit card and partly by Gift Card, we will issue you Return Voucher with a maximum validity of 6 months from the date of issuance for the same value you used the Gift Card for during the order, and rest of the payment will be refunded to your credit or debit card.
- Any Return Voucher issued by us will be sent to you by email.
Refunds will usually be processed in 2 - 3 working weeks depending on your banking partner from the date of our receipt of the returned product or receipt of your cancellation request (as applicable). For returns your refund will be initiated once your Products are received by us and inspected and approved by our team in accordance with our Returns Policy. The final refund will be received by you (excluding deductions if any and all applicable charges and fees (such as shipping, handling fees, banks, financial institutions, any other third party charges) as follows:
- If the refund is to a credit or debit card all correctly returned Products will be refunded to the original purchaser as credit to the relevant credit or debit card or bank account used for the transaction after deducting the applicable bank charges (if any).
- If your refund is to Account on the Platform, you will receive the refund immediately after your Products are received back by us and inspected and approved by our team in accordance with our Returns Policy; or
- If you have cancelled your order before dispatch under our Cancellation Terms, an automated refund will be provided back to you to the payment method chosen by you (your unpaid COD charges will not be refunded).
- If you think that we have provided you with an incorrect refund, please contact us immediately on email@example.com.
All the terms and conditions stated in this Clause 10 (Refunds) above are subject to the following:
- Returns need to comply with our Returns Policy.
- If the refund is to a Credit or Debit Card, all correctly returned products will be refunded to the original purchaser as credit to the relevant Credit or Debit Card or bank account used for the transaction after deducting the applicable bank charges (if any).
- Please note credit or debit card refunds may take up additional time depending on your bank processing time. This can vary greatly between credit or debit card issuers, and we shall not be liable for any delays in refund by credit or debit card companies. We offer no guarantees whatsoever for the accuracy or timeliness of the refund reaching your credit or debit card /bank accounts. This is delay can arise as a result of various events, including but not limited to the various intermediaries involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.
Nothing in this Clause 10 (Refunds) is intended to affect any consumer rights that you may have under UAE law.
LIMITATION OF LIABILITY
Please note that nothing in these Terms of Sale affects your statutory rights as a consumer.
Except any case in which it was illegal to exclude, limit or attempt to exclude or limit our liability, or where expressly provided otherwise in these Terms of Sale, our liability regarding any Products acquired on our Platform shall be limited strictly to the price of purchase of said Products.
Neither Carter’s nor any of its affiliates will be liable to you for any indirect or consequential loss or damage incurred by you under these Terms of Sale in connection with your purchase of any Products through the Platform. We shall not be liable to you if we are prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our reasonable control including without limitation, act of God, explosion, flood, war and civil disturbance, strike, industrial action or stoppages of work, force majeure.
You must follow any advice we or our suppliers give you to keep Products we supply to you safe (including any instructions or product manuals provided with the Products). We cannot accept liability for damage to Products we have supplied which is caused by your failure to follow this advice.
Nothing in these Terms of Sale shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) fraudulent misrepresentation or (iii) any other liability which cannot be excluded or limited under applicable law.
If you have any questions, comments or complaints about the goods you have ordered, please contact us at: firstname.lastname@example.org