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Terms & Conditions

"CAPELESS TRADING LLC” ("Capeless”) maintains the www.capeless.me Website.

"United Arab of Emirates is our country of domicile” and stipulates that the governing law is the local law. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.

*We will not trade with or provide any services to OFAC and sanctioned countries.

 At all times, the relevant laws of the United Arab Emirates apply to these terms and conditions except when specifically stated otherwise.  If you use this website, your submission to these terms is deemed granted. If you do not agree to these terms, you are not permitted to use this website. These terms of service refer only to your use of the Website.  Separate conditions apply to refunds and listings which we may run from time to time.

 

1. Your Acceptance:

  1. By using or visiting the Website or using any of Capeless products, software, data feeds, and services provided to you on, from, or through the Website (collectively the "Service") you signify your agreement to:

  1. These terms and conditions

  2. The Privacy Policy, found and incorporated herein by reference, and if you do not agree to any of these terms, the Privacy Policy, or the Community Guidelines, you are not permitted to use the Service.

  3. The Shipping and Pre-order Policy
  1. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. Capeless may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

 

2.  User Accounts:

  1. In order to access some features of the Service, you will have to create a User Account. Use of another person’s account is prohibited. You must provide complete and accurate information when creating your account. You are solely responsible for the activity that occurs on your account, and it is your responsibility to keep your account password secure. You must notify Capeless immediately of any breach of security or unauthorized use of your account.

  2. Capeless is not liable for any losses or damages that occur from unauthorized use of your account, but in some circumstance, you may be liable for the losses of Capeless others due to such unauthorized use.

  3. Visa or MasterCard debit and credit cards in AED will be accepted for payment

  4. Cardholder must retain a copy of transaction records and Capeless policies and rules

  5. User is responsible for maintaining the confidentiality of his account

 

3. General Use of the Service—Permissions and Restrictions:

Capeless will grant permission to access and use the Service as set forth in these Terms of Service Agreement, provided that you adhere to the following requirements:

  1. In your use of the Service, you will comply with all applicable laws relating to these Terms of Service, and agree to jurisdiction for the purposes of enforcement of this agreement in the UAE or the appropriately designated Arbitration Panel referenced in this agreement.

  2. Any act or statement that is illegal under the laws of the United Arab Emirates is strictly prohibited. Capeless reserves the right to discontinue any aspect of the Service at any time.

  3. Please note that the United Arab Emirates specifically prohibits by law the following Content (as defined below) on websites and you agree not to engage, post or submit items in violation of these laws: 

  1. Content that contradicts with the ethics and morals of the UAE

  2. Content that contains material which expresses hate to religions

  3. Content that is racist or discriminatory content towards any race, religion, creed, nationality, gender or any other grouping of individuals.

  4. Content that is not in accord with UAE Laws.

  5. Content that allows or assists users to access Blocked Content.

  6. Content that directly or indirectly constitutes a risk on UAE internet users such as Phishing websites, Hacking tools & Spywares.

  7. Content that is relevant to gambling.

  8. Content that provides information on purchasing, manufacturing, promoting and using illegal items.

  9. Content that defames the reputation of others, or breaches other people’s privacy.

  10. Content that affects the security of the UAE or its political stability. "Content”: refers to any listing, forums, event listings, reviews, postings, messages, text, files, images, photos or any other material posted on the Website.

  11. You must not register under a pseudonym and / or impersonate the login credentials of any other buyer or password(s), as this fraudulent behavior results in violation of applicable federal, national, regional or international laws and regulations in the United Arab Emirates.

 

4. Use of Content:

  1. You agree that the Content on the Service, the trademarks, service marks and logos and written text on the Service are owned by or licensed to Capeless or their respective owners and are subject to the full protection of copyright and other intellectual property rights under the national and international laws.

  2. You agree not to copy, distribute, reproduce, sell, lease, assign or sub-license any aspect of the Website or any Content.

  3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

You agree that your use of the services shall be at your sole risk. To the fullest extent permitted by law, Capeless and its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof. Capeless makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any:

  1. errors, mistakes, or inaccuracies of content,

  2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services,

  3. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,

  4. Any interruption or cessation of transmission to or from our services,

  5. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or

  6. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services.

 

5. Limitation of Liability:

In no event shall Capeless, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:

  1. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services,

  2. Unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,

  3. Interruption or cessation of transmission to or from our services,

  4. Bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or

  5. Any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages and/or damages or losses due to the use or inability to use the website and/or damages or losses resulting from services or goods acquired through the website. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

The Service is controlled and offered by Capeless from its facilities in the United Arab Emirates. Capeless makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. Data will be backed up by remote servers.

 

6. Indemnity:

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Capeless and its owners, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  1. Your use of and access to the Service;

  2. Your violation of any term of these Terms of Service;

  3. Your violation of any third-party right, including without limitation any copyright, property, or privacy right;

  4. Any disputes between you and one or more users connected to or arising from the Website in any way

  5. Any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

 

7. Ability to Accept Terms of Service:

Customers using the website who are Minor/under the age of 18 shall not register as a User of the website and shall not transact on or use the website. 

 

8. Assignment:

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Capeless without restriction.

 

9. Governing Law and Dispute Resolution:

These Terms of Service shall be governed by the internal substantive laws of the United Arab Emirates. You agree that the Service shall be deemed.

By use of this website, you are agreeing that any dispute, claim, controversy or difference of any kind, including or a tortious, statutory or common law claim that arises out of or is in any way related  to these Terms of Service and their areas of concern without limitations; including questions on the formation, existence, scope, performance, interpretation, validity, termination or validity of these Terms of Service or this clause, or any question regarding the legal relationships established by these Terms of Service or the consequences of their nullity be resolved in the following manner: 

  1. All parties to a Dispute shall first attempt to resolve the Dispute by good faith negotiations between the Parties to reach an amiable and mutually agreeable settlement which shall be reduced to writing. The timeframe for the good-faith negotiations commence with the written notification of one side to the other of a dispute and shall run for a period of thirty (30) calendar days.  

  2. If good faith negotiations fail to resolve a Dispute within the thirty-day timeframe, the Parties may, but are not required to, extend the timeframe for up to 5 additional days and such extension shall be by mutual agreement.

  3. At the expiration of the time set for direct good faith negotiations, the Parties agree that the Dispute shall be referred to binding arbitration for a final and binding resolution on terms set forth in this clause: the Rules of Arbitration shall be set by the Arbitration Rules of the Dubai International Arbitration Centre (DIAC) are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator. If the parties to the arbitration fail to nominate a sole arbitrator within 30 days from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by DIAC), the sole arbitrator shall be appointed by DIAC. The seat or legal place of the arbitration shall be in Dubai, UAE. The arbitration proceedings shall be conducted in the English language and the award shall be in English. 

  4. The foregoing provisions of this clause are without prejudice to the right of Capeless to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and Capeless shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.  This judgment shall be deemed final and binding unto the Parties, their heirs, agents and assignees. 

 

10. General:

These Terms of Service, together with the Privacy Policy and any other legal notices published by Capeless on its website shall constitute the entire agreement between you and Capeless concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Capelesss failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Capeless reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of their revised terms.

YOU AND CAPELESS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN NINE MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

11. Shipping and Delivery:

Shipping will be done by a third party courier.
Delivery Duration: Within UAE: 2-5 business days.
Shipping fees are fixed to 15 AED per order and will be calculated/shown on the checkout page. Orders with total 200 AED or above qualify for FREE shipping.
Other shipping details are mentioned in the "Shipping" Policy page

 

12. Authenticity:

We ensure that product(s) being sold on the site is 100% genuine. This is regardless of item's condition or if the item is brand new, vintage, previously owned, etc. 

 

13. Promotions and Offers:

Customers acknowledge and agree that they are ineligible to combine offers or vouchers on any item(s) that are already under a specific promotion or discount. Pre-Order items are not eligible for any discounts or promotions.