TERMS OF USE

  1. About our Terms

    1. These Terms explain how you may use this website (Al Obaidani) and purchase our products.

    2. References in these Terms to the Site includes the following website: https://www.al-obaidani.com/ and all associated web pages.

    3. You should read these Terms carefully before using the Site or making any purchases on the Site.

    4. By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.

    5. If you do not agree with or accept any of these Terms, you should stop using the Site immediately.

    6. If you have any questions about the Site, please contact us by e-mail at contactus@al-obaidani.com.

    7. Definitions

      • Content:means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;

      • Site:has the meaning given to it in clause 1.1;

      • Terms:means these terms and conditions of use of the Site and purchase of products as updated from time to time under clause 17;

      • ‘we’, ‘us’ or ‘our’:means Al-Obaidani Stores & Company incorporated under the laws of the Sultanate of Oman with commercial registration number 1003496 and having its registered address at P.O. Box 138, PC. 114, Mutrah, Muscat, the Sultanate of Oman; .and

      • you:means the person accessing or using the Site or its Content to buy goods from us (and you shall have the same meaning).

  2. Ordering goods from us

    1. Below, we set out how a legally binding contract between you and us is made.

    2. You place an order on the site by first registering on the Site, and then choosing the type of garment you would like and inserting your measurements. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.

    3. Once a custom-made garment has been cut and production has started, no further changes may be made to the goods.

    4. When you place your order at the end of the online checkout process (eg when you click on the ‘pay now’, we will acknowledge it by email and SMS. This acknowledgement does not, however, mean that your order has been accepted.

    5. We may contact you to say that we do not accept your order. This is typically for the following reasons:

      • the goods are unavailable;

      • we cannot authorise your payment;

      • you are not allowed to buy the goods from us;

      • we are not allowed to sell the goods to you;

      • you have ordered too many goods; or

      • there has been a mistake on the pricing or description of the goods.

    6. We will only accept your order when we email you to confirm this (Confirmation Email). At this point:

      • a legally binding contract will be in place between you and us; and

      • we will dispatch the goods to you.

  3. Right to cancel

    1. You have the right to cancel this contract within 1 day from the date you place your order with us, without giving any reason.

    2. The cancellation period will expire within 1 days from the date you place your order with us.

    3. Once the cancellation period has expired, our team will commence work on the custom-made goods, after which you may not for any reason, cancel this contract.

    4. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement by email, using the contact details at the top of this contract.

    5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

  4. Effects of cancellation

    1. If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery.

    2. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

    3. We will make the reimbursement without undue delay, and not later than 14 days from the date of cancellation.

    4. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

  5. Delivery

    1. The estimated date for delivery of the goods is set out in the Confirmation Email.

    2. The estimate shall be based on the current production queue and the actual time it usually takes to send the goods from our tailor shop to your address.

    3. If something happens which:

      • is outside of our control; and

      • affects the estimated date of delivery;

      • we will let you have a revised estimated date for delivery of the goods.

    4. Delivery of the goods will take place when we deliver them to the address that you gave to us.

    5. Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:

      • let you know;

      • cancel your order; and

      • give you a refund.

    6. If nobody is available to take delivery, please contact us using the contact details at the top of this page.

    7. You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

    8. We offer free delivery within Muscat, however should you wish to do so, you may also request that you collect your goods from the nearest store. Our store working hours are weekdays 10am - 10pm and Fridays 5pm-11pm. To find out more about our store locations, click here.

  6. Payment

    1. We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 10) or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

    2. Your credit card or debit card will be charged upon our sending of the Confirmation Email.

    3. If your payment is not received by us the order processing will be on hold until the payment is successfully completed.

    4. The price of the goods:

      • is in Omani Riyals (OMR); and

      • is inclusive of the price of delivery within Muscat, delivery charges will apply to delivery to areas outside of Muscat.

    5. If you are using a credit/debit card supplied by banks other than those in the Sultanate of Oman, then the amount on the your card’s bill may differ to the purchase price due to exchange rate fluctuation and any charges that the card issuer/bank may have. We will not be legally responsible for any extra charges incurred by you due to being charged by your bank for currency exchange or otherwise.

  7. Nature of the Goods

    1. The Consumer Protection Law (Royal Decree no. 66/2014) gives you certain legal rights, for example, the goods:

      • match the description, sample or model provided.

    2. We must provide you with goods that comply with your legal rights.

    3. While we try to make sure that:

      • all weights, sizes and measurements set out on the site are as accurate as possible; and

      • the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.

    4. Due to the nature of the goods and our technical production processes, we may reasonably deviate from the descriptions and information found in our brochures, catalogues and the Site with respect to the good’s material, colour, weight, measurements, design or other features.

    5. Any goods sold:

      • at discount prices;

      • as remnants; or

      • as substandard;

      • will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

    6. If we can’t supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case:

      • we will let you know if we intend to do this but this may not always be possible; and

      • you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

  8. Faulty Goods

    1. Under the Consumer Protection Law (Royal Decree no. 66/2014), you are entitled to replace, return or refund any goods that are defective or incompliant with the specifications outlined within 15 days of receipt of the goods.

    2. In the event that the you goods received do not match the measurements that you specified on the Site, you may walk in to any of our stores with your goods and invoice, and the goods will be sent to our technical team for further inspection. Our technical team will then inform you of whether it would be possible to alter the design to your required measurement or replace your goods to match the measurements provided by you.

    3. Please contact us using the contact details at the top of this page or visit one of our stores, if you want:

      • us to repair the goods; or

      • us to replace the goods.

  9. Using the Site

    1. You agree that you are solely responsible for:

      • all costs and expenses you may incur in relation to your use of the Site; and

      • keeping your password and other account details confidential.

    2. The Site is intended for use only by those who can access it from within the Sultanate of Oman. If you choose to access the Site from locations outside the Sultanate of Oman, you are responsible for compliance with local laws where they are applicable.

    3. We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at contactus@al-obaidani.com.

    4. We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

  10. Your privacy and personal information

    1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

    2. Our privacy policy is available at Privacy Policy

  11. Ownership, use and intellectual property rights

    1. The Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our rights in any intellectual property in connection with these Terms.

    2. Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

  12. Accuracy of information and availability of the Site

    1. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.

    2. We may suspend or terminate operation of the Site at any time as we see fit.

    3. Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

    4. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

  13. Limitation on our liability

    1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

      1. losses that:

        • were not foreseeable to you and us when these Terms were formed; or

        • that were not caused by any breach on our part;

      2. business losses; and

      3. losses to non-consumers.

  14. Events beyond our control

    We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

  15. End of the contract

    If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

  16. Rights of third parties

    These Terms are dated 2020/06/22. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 17. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

  17. Disputes

    1. We will try to resolve any disputes with you quickly and efficiently.

    2. If you are unhappy with us please contact us as soon as possible.

    3. If you want to take court proceedings, the relevant courts of the Sultanate of Oman will have exclusive jurisdiction in relation to these Terms.

    4. Relevant laws of the Sultanate of Oman will apply to these Terms.