Terms & Condition
Please read these terms and conditions carefully as they affect your rights and liabilities under the law and set out the terms under which we make our goods available to you.
1. General
1.1 ‘We’, ‘us’ or ‘our’ is a reference to Elite Performance Garments and Shoes Trading L.L.C., and ‘you’ or ‘your’ is a reference to the person or entity to whom we are supplying goods and who is required to pay for the goods we supply.
1.2 By placing an order with us you are offering to purchase goods on and subject to the following terms and conditions. You agree to be bound by all the provisions set out in these terms and conditions. Any order accepted by us is to be deemed to incorporate these terms and conditions.
1.3 No variation or amendment that you make to the terms and conditions shall be binding on us unless explicitly accepted by us in writing. We reserve the right to vary or amend the terms and conditions at any time prior to our acceptance of your order and you will be given the opportunity to agree to any variations or amendments.
2. The contract between us
2.1 Your order constitutes an offer made to us to purchase goods as specified in your order. You can make an order on our website, by emailing us or by telephone at the contact details given in condition 16.
2.2 Once you place your order on our website you will receive an email acknowledging that your order has been placed sent to the email address you provide in your order. We will then contact you by email again to let you know once your order is confirmed. This confirmation email will confirm our acceptance of your order which brings into existence a legally binding contract between us.
2.3 For all other orders other than on our website we will contact you by email at the email address you provide in your order to confirm our acceptance of your order which brings into existence a legally binding contract between us.
3. Pricing and payment
3.1 The prices payable for goods and the descriptions and specifications of those goods that you order are as set out in our website and as displayed in our price lists and in store at our factory unless the goods you order are bespoke goods under condition 5.
3.2 We endeavour to set out and display accurate and up to date prices, however there may be occasions where the price is incorrect due to an error or due to changes in our suppliers’ costs. We will therefore confirm the revised price by phone or email as soon as possible.
3.3 If the price of your order or any delivery charges or other charges are different at the time we are ready to send the email confirming acceptance of your order to what it was at the time you placed your order then:
3.3.1 if the price is lower at the time we send the email confirming acceptance of your order then we will charge you the lower price and dispatch the goods; or
3.3.2 if the price is higher at the time we send the email confirming acceptance of your order then we will either cancel your order or contact you to ask you either whether you wish to pay the higher price or to cancel your order. If the order is cancelled by us or you do cancel the order then if you have already made any payment, we will make a refund.
3.4 When you place an order you authorize us to debit the credit, debit or other card you specify at the time of your order unless your payment is in cash. We do not accept cheques.
3.5 You are required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges will be confirmed to you at the time of your order.
3.6 For all orders made through our website you are required to pay for the entire order (which includes delivery and any other charges) at the time of order before it will be accepted and the goods dispatched.
3.7 For all orders made by email or over the telephone you must pay for the entire order (which includes delivery and any other charges) either at the time of order where the goods require manufacture or they are bespoke goods, or before the goods are dispatched or collected by you where the goods are in stock.
3.8 For all orders for bespoke goods you are required to pay for the entire order (which includes delivery and any other charges) at the time of order before it will be accepted and the goods dispatched.
4. Right for you to cancel your contract
4.1 Your right to cancel your contract in this condition only applies where you order goods through our website, by email or over the telephone. The right for you to cancel your contract in this condition 4 does not apply where your order is for bespoke goods (see condition 5).
4.2 You may cancel your contract with us for the goods you order at any time up to the end of the 14th working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
4.3 To cancel your contract you must notify us in writing by email at the email address given in condition 16.
4.4 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible. Please note that we only refund the costs of the garments or/and shoes.
4.5 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. For this reason we strongly recommend that you use a recorded method of delivery. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you. Please note that we only refund the costs of the garments or/and shoes.
5. Bespoke goods
5.1 You may request to have goods that we offer on our website, price lists and catalogues modified according to your requirements or made to your specification. Orders for such goods shall be considered as bespoke goods. We will treat any request for bespoke goods as an order.
5.2 Please note that cost of bespoke goods ordered by you can be higher from price listening on our web page and next day delivery does not apply on bespoke goods.
5.3 Contact us by emailing, calling or messaging to order a bespoke goods (see condition 16). Please provide us all the details of your order such as size, colour, material, preferable width or/and length of the product. We will contact you back as soon as possible to confirm availability, price and delivery details.
6. Cancellation by us
6.1 We reserve the right to cancel the contract between us if:
6.1.1 we have insufficient stock to deliver the goods you have ordered;
6.1.2 we do not deliver to your area;
6.1.3 you commit a material breach of the terms and conditions;
6.1.4 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers; or
6.1.5 you fail to make payment when it becomes due.
6.2 If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
7. Delivery of goods to you
7.1 Unless you have specified with your order that you wish to collect the goods we will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
7.2 Delivery will be made as soon as possible after your order is accepted. Delivery times may vary during busier periods such as periods of promotion and holiday seasons. If the goods you order are in stock then we aim to dispatch them within 72 hours of your order. If your goods require manufacture then we aim to dispatch them within within 30 days of your order or more. We endeavor to deliver goods ordered by you within these times however if there is a possibility that delivery will be delayed then we will make reasonable efforts to keep you updated.
7.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
7.4 Please note that delivery/postage charges on return are paid by the customer. When customers return garments or/and shoes for an exchange, the customer will be asked to pay the return postage. The company will pay for postage/delivery only when garments or/and shoes have been returned due to a fault in manufacture. By proceeding with your order, you agree that payment of customs charges and duty charges are your responsibility.
7.5. Next day delivery within UAE applied only on orders which was made by 5pm. If you are ordering after 5pm your order will be picked up by courier next working day and delivered to you within 24 hours.
8. Liability
8.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing by email at the email address given in condition 16 of the problem within 14 working days of the delivery of the goods in question.
8.2 If you do not receive the goods ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing by email at the email address given in condition 16 of the problem within 40 days of the date on which you ordered the goods.
8.3 If you notify a problem to us under clauses 8.1 or 8.2 above, our only obligation will be, at your option:
8.3.1 to make good any shortage or non-delivery;
8.3.2 to replace or exchange any goods that are damaged or defective; or
8.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
8.4 If you notify a problem to us under clause 8.1 above, you must:
8.4.1 return the goods to us at your expense; and
8.4.2 give us a reasonable opportunity to examine the goods.
8.5 We will not be liable for any failure or defect in the goods where the failure or defect arises in the normal course of use, or arises out of your wilful damage, negligence or abnormal conditions. We will also not be liable for any failure or defect in the goods where you use the goods after notifying us of the failure or defect.
8.6 We will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 8.3.3 above.
8.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from us. The importation or exportation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
8.8 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
8.9 We shall not be liable in respect of any claim which may be made against us for infringement of any letters patent or registered design which may arise as a result of us carrying out instructions given by you and you agree to indemnify us and keep us indemnified from and against all or any such claims and against all costs, damages and expenses incurred by or recovered against us in respect of any such claims.
9. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our email address dcs.dancewear@gmail.com and all notices from us to you will be displayed on our website from time to time.
10. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
11. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
12. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
13. Governing law
The contract between us shall be governed by and interpreted in accordance with United Arab Emirates law and the UAE courts shall have jurisdiction to resolve any disputes between us.
14. Entire agreement
These terms and conditions, together with our current price lists, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
15. Interpretation
15.1 Any reference to working day means all days other than Fridays, Saturdays and public holidays.
15.2 Condition headings do not affect the interpretation of these terms and conditions.
15.3 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment, and includes any subordinate legislation for the time being in force made under it.
15.4 Words in the singular include the plural and in the plural include the singular and words denoting a gender include all genders.
16. Our details
We are the Company: Elite Performance Garments and Shoes Trading L.L.C. which is a company registered in Dubai, UAE, license №917499.
Email: dcs.dancewear@gmail.com
Registered Address: UAE, Dubai, Business Bay, Binary Tower 20th floor.
If you have any queries, please contact customer services at dcs.dancewear@gmail.com or by phone numbers: +971 58 596 7208, +971 50 655 3470.