GENERAL TERMS OF SERVICE

The website www.exbags-shop.com (the "Website") and any other connected features, materials, apps, widgets, and/or services (collectively the "Services") provided by ex(bags) ("ex(bags)" or "we" or "us" or "our") are subject to these Terms of Agreement ("Terms of Service").
You acknowledge that you have read, understand, and agree to be bound by all of the terms of service and any additional conditions contained herein by using the services and that you have the legal right to enter into those agreements.
You are not allowed to use any ex(bags) services if you do not abide by these terms and conditions.
"You" and "your" refer to you as the Services' user for the purposes of these Terms of Service.
If you use the Services on behalf of a business, organization, or other entity, then (a) "you" refers to both you and that entity; (b) you represent and warrant that you are the entity's authorized representative and have the power to bind the entity to these Terms of Service; and (c) your entity is legally and financially responsible for your use of the Services as well as for the use of your account by third parties.
These Terms of Service outline your obligations, ex(bags) responsibility, and third parties' liabilities in relation to the Services.
The Terms of Service outlined herein must be accepted and followed by all users of the Services.
Additional Terms of Service that we may specify from time to time will apply to some features of the Services.
These extra Terms of Service govern how you use the Services.
ex(bags) may offer special promotional offers, which may or may not apply to your ex(bags) account. You agree to be bound by any additional Terms of Service for these special offers. Headings are for reference purposes only and do not limit the scope or extent of such sections.
These terms of service and your relationship with ex(bags) shall be governed by United Arab Emirates law.
ex(bags) has the right to take action in response to future or similar breaches even if it chooses not to do so in response to a breach by you or any other individual.
ex(bags) cannot guarantee that it will take action in response to any violation of our terms of service.
There will be no third-party beneficiaries to these terms of service unless clearly stated differently in this document.
These terms of service supersede all earlier agreements between you and ex(bags) with regard to the Site and govern your use of the Site as the whole agreement between you and ex(bags).

Our Official Headquarters & Communication

ex(bags) is owned and represented by EX BAGS DMCC, and its registered address:
DMCC Business Centre, Jewellery & Gemplex 3
Level No 1, Unit No: 4655 Dubai, United Arab Emirates
Please email us at info@exbags-shop.com, if you have any queries about these terms of service.

Site Access and License

• This license does not permit the following:
• downloading or copying any information or data of any sort for the benefit of another vendor or any other third party; caching; creating unauthorized hypertext links to the Site or framing any Content made available through the Site; uploading, posting any content for which you do not have the necessary rights (such as the intellectual property of another party)
• transmitting any material that contains illegal; malicious content or requires unauthorized access (such as material containing software viruses or any other computer code, files ,or programs designed to interrupt, destroy or limit the functionality of any software, hardware, or TC-equipment)
• any action that imposes or may impose (in ex(bags)’s sole discretion) an unreasonable or disproportionately large load on ex(bags)’s infrastructure; or any use of data mining.
• You are given a limited license by ex(bags) to use the Site and the Service for personal purposes only.
• You are not allowed to circumvent any safeguards put in place by ex(bags) to prohibit or limit access to the Site.
• Any authorization or license provided to you by ex(bags) will end if you make any unlawful use or any use against our terms and conditions.

Membership Requirements

If your account has been suspended or deleted by ex(bags) for any reason, or if you are under the age of 18, you are not allowed to access the Service or Site.
You are only allowed to have one active account.
Additionally, it's against the law to trade, sell, or otherwise transfer your ex(bags) account to a third party.
You are not permitted to use the Service or the Site if you do not match the aforementioned eligibility conditions.

Your Profile

You confirm that you are of legal age to form a binding contract and that you are not a person who is prohibited from obtaining services under the laws of the United Arab Emirates or another applicable country for the usage of the Site.
Also, you consent to update the information you submit on the registration form on the website to keep it truthful, accurate, current, and comprehensive.

ex(bags) reserves the right to suspend or terminate your account and refuse any and all current or future use of the Site or any portion thereof if you provide any information that is untrue, inaccurate, not current, or incomplete, changes to that information, or ex(bags) has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete.

If you use the Site, you are responsible for protecting the privacy of your password and account information as well as preventing access to your computer.
You consent to be held accountable for all actions taken using your account or password.
As a result, we advise you to log out of your account at the conclusion of each session.
You consent to immediately inform ex(bags) of any unauthorized account usage or any other security breach.
ex(bags) maintains the right, at its sole discretion, to reject service, cancel accounts, or remove or edit content.

Disclaimer of Warranty

You are supplied with all information, goods, and services on the site "as is" and without any explicit or implied warranties of any kind, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy.
ex(bags) neither supports nor has any liability for:
• The validity or dependability of any opinion, recommendation, or other statement expressed on the website by anyone other than ex (bags).
• Any information supplied on linked sites, as well as the efficiency or dependability of any goods or services purchased from those sites.
• Any human or technical mistakes brought on by software, technology, information technology, bugs, malware, virus attacks, hacks, and other unanticipated events that may or may not lead to erroneous material, pricing (ex(bags) pricing), and original retail price, descriptions, etc.

Under no circumstances will ex(bags) be liable for any loss or damage brought on by a user's reliance on information gained from the site or an affiliated site, or by a user's reliance on any goods or services obtained from a linked site, except as required by relevant consumer protection legislation.
The user is responsible for determining whether any opinion, advice, or other material on the site or gained from a linked site is accurate, comprehensive, or useful.
For the assessment of any specific opinion, advice, product, service, or other material, please consult experts as necessary.

Restrictions on liability

You hereby expressly acknowledge and agree that ex(bags) and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors are not liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, inaccurate pricing caused by human error, technical error or bug, software glitches, etc., damages for loss of profits, goodwill, use, data, or other intangible losses even if ex(bags) has been advised of the possibility of such damages.

Indemnity

You consent to indemnify and hold ex(bags) (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand resulting from or connected to your violation of these terms of service or any law or the rights of a third party, including reasonable legal fees.
Every dispute or claim originating from or related to this website shall be controlled by and interpreted in accordance with UAE law.

Authentication and Brands

You understand and consent that ex(bag)'s authentication procedure is internal and unrelated to any brand affiliation.
None of the brands being offered takes any liability for any items obtained from or via the Internet. Brands mentioned on the Site are not engaged in the authentication of the products being sold.
ex(bags) has no partnerships with or affiliations with any of the brands that are sold on the website.

Digital Communication

You are communicating with ex(bags) digitally when you use the Site or send emails to them.
You give ex(bags) permission to send you electronic messages.
ex(bags) will get in touch with you through email or by publishing announcements on the Site.
You concur that all contracts, notices, disclosures, and other communications we deliver to you electronically satisfy any legal need that such communications be in writing.

Links

Links to other Internet sites or resources may be provided by the Site or by third parties.
You recognize and agree that ex(bags) is not responsible for the availability of any such sites or resources, and that ex(bags) does not endorse and is not responsible or liable for any content, advertisements, products, or other materials on or available from such sites or resources.
You further recognize and agree that ex(bags) is not responsible or liable, directly or indirectly, for any damage or loss caused or claimed to be caused by or in connection with the use of or reliance on any such content, products, or services made available on or through any such site or resource.

Password-Protected/Secure Area Access

The Site's password-protected and/or secure parts are only accessible to authorized users.
Unauthorized users who attempt to access these portions of the Site may face legal action.
Minors under the age of 18 are not permitted to use or register as users of this website.

Notifications for Updating Terms of Service

The Site, associated rules and agreements, the Privacy Policy, and all terms of service, are all subject to change by ex(bags).
If ex(bags) modifies our terms of service, we will inform you by:
(a) Sending an email to the account-related address; ex(bags) is not liable if you don't receive an email because of your ISP's or another email filtering service's activities; as a result, you should add ex(bags) to your whitelist of domains to send you communication through email.
OR (b) Posting a large notice above the text of these terms of service for thirty (30) days, as applicable, with (a) and (b) being considered an adequate warning of such modifications.
A brief explanation of the adjustment and the date it went into effect will be included in the Historical Modifications section at the end of the terms of service once notification of a modification to the terms of service or the Privacy Policy has been posted for 30 days.
If you haven't used the Site in more than 30 days, you should check these sections for any updates to the terms of service or Privacy Policy before making any additional use of the Site.
Send an email with the subject line "Account Termination" to the following address
info@exbags-shop.com if you decide to cancel your account as a result of changes to the terms of service or the Privacy Policy.
If you decide to continue using the Site, you acknowledge that doing so will be construed as your acceptance of the updated terms of service or Privacy Policy.

Trademarks, Brands, & Logos Ownership

The trademarks, brands, and logos displayed on the Site are owned by ex(bags) and other parties.
Without the prior consent of ex(bags) or any other third party that may own the Marks, users are not permitted to use any Marks for any purpose, including but not limited to use as metatags on other web pages or sites.
Copyright protection applies to any data, information, and material, including any software programs made accessible on or via the Site ("Content").
Any Material made accessible on or via the Site may not be changed, copied, distributed, transmitted, displayed, published, sold, licensed, turned into derivative works, or used for commercial or public gain by users.

Process for Intellectual Property Infringement Claims

ex(bags) respects other people's intellectual property, and we urge our customers to do the same.
In suitable situations and at its discretion, ex(bags) may disable and/or delete the accounts of users who may be violating the intellectual property of a third party.
Please contact ex(bags) through email at info@exbags-shop.com and provide the following information if you think that your work has been plagiarized in a way that violates your copyright or your intellectual property rights in any other way:

• The physical or electronic signature of the person with the authority to act on behalf of the owner of the copyright or other intellectual property interest.

• A clarification of the copyrighted work or any claims for infringing intellectual property.

• A description of the location on the Site of the allegedly infringing material.

• Your name, address, and phone number
• a declaration from you stating that you really believe the disputed use is not permitted by the copyright owner, its agent, or the law.

• a declaration from you, covered under penalty of perjury, that the information in your official communication is correct and accurate and that you are the copyright or intellectual property owner or have the authority to act on their behalf.

Email ex(bags) at info@exbags-shop.com with the subject "Intellectual Property Claim" to notify us of any concerns about copyright or other intellectual property violation.

ex(bags) reserves the right to periodically amend this email address.
You acknowledge that changes to this postal address do not constitute a modification to these terms of service.

Continuation of the Terms & Conditions After Agreement Termination

After the Agreement is terminated, the Terms & Conditions, any provision of these terms of service that imposes continuing liabilities on a party shall survive the expiration or termination of these terms of service, excluding any other provisions or contrary to general legal principles.

Force Majeure

ex(bags) shall be excused from performance under these terms of service, to the extent we are prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from
(1) weather conditions or other elements of nature or acts of God,
(2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion,
(3) quarantines or embargoes,
(4) labor strikes,
or (5) other causes beyond the reasonable control of ex(bags).
You will be given the choice of delaying shipping or getting a refund if, due to such an incident, we are momentarily unable to ship you the item you ordered.

Laws and Jurisdiction

Every dispute or claim originating from or related to this website shall be controlled by and interpreted in accordance with UAE law.
Our head office is in the United Arab Emirates.
Send an email with the subject line "TOS Inquiry" to info@exbags-shop.com if you have any inquiries or comments regarding these Terms of Service, ex(bags), the Site, or any related Services.

Buyer Terms

This section constitutes a legally binding agreement between the User, hereafter referred to as the "Buyer," and ex(bags) with regards to the purchase of an item ("Item") displayed and described on our Site. ex(bags) retains the sole discretion to display or remove Items from the Site based on availability, without any obligation to inform or alert the Buyer. The Item is being sold on behalf of a Seller by ex(bags) subject to the Buyer agreeing to the following Buyer terms, which shall be legally binding and enforceable by law.

Product Descriptions

Prior to placing an order, it is advised that the Buyer thoroughly reviews the item listing. ex(bags) strives to provide precise and comprehensive product descriptions on the Site. Nevertheless, ex(bags) does not guarantee the accuracy, completeness, reliability, currency, or absence of errors in product descriptions, titles, attributes, specifications, prices, or any other content or information pertaining to the product(s). It is important for the Buyer to understand that the descriptions of the Item(s) do not constitute warranties, and each Item is sold in its present condition, "as is".

Order and Cancellation

Order is an offer by the Buyer to enter into a binding contract with ex(bags) for the sale and purchase of the Item, incorporating the Buyer’s Terms. The Buyer acknowledges that ex(bags) reserves the right to refuse an order from a Buyer with whom a dispute exists regarding the payment of a previous order, or for an item for which a material error has been made as regards it’s price or for any other reason.
ex(bags) may not be able to confirm an order for reasons arising out of a mismatch in live inventory listings with our partners. In such cases, ex(bags) may cancel such orders if an item is unavailable, and make a full refund if the order has been paid for. The placement of an order does not guarantee delivery of an item.

Delivery

Subject to our terms and conditions, ex(bags) offers free shipping and returns worldwide. Before confirming and shipping any order, ex(bags) undertakes to obtain confirmation from Partner's third party payment authentication service to verify the buyer's credit card and account information. Please note that ex(bags) is not responsible for any delays in delivery of orders due to customs clearance issues at your destination.
Delivery of purchased goods occurs from Poland. In addition, buyers should be aware that there are special regulations prohibiting the import into some countries of products made from exotic materials (for example, crocodile skin). It is the buyer's responsibility to obtain clarification by emailing us at info@exbags-shop.com regarding the import regulations for the desired items.

Value Added Tax (VAT)/ Custom Duties and Taxes

Please note that the standard Value Added Tax (VAT) rate of 5% applies to all goods sold ex(bags) within the geographical boundaries of the United Arab Emirates (UAE). The exact VAT rate applicable to a specific order will be calculated automatically at checkout, provided the selected delivery point is within the UAE.
Moreover, it is important to note that for orders that need to be delivered outside the UAE, local import duties or taxes may be levied by the relevant authorities in the destination country. The buyer is required to settle these costs directly with the relevant authorities. Please also note that these costs are not within the control of ex(bags) and we cannot be held responsible for any delays or non-delivery of ex(bags), ensuring that any item sold to the Buyer is not counterfeit. Counterfeit products mean an imitation of a branded product specified in the product nomenclature. The guarantee of authenticity applies solely to the clearly stated branding information of the product.
The buyer may at any time declare the inaccuracy of the goods by contacting ex(bags) in writing at info@exbags-shop.com. The buyer must ship the item back to ex(bags) at his own expense for investigation and final determination. ex(bags) uses advanced artificial intelligence technology to determine whether the product is the same as what was delivered to the customer. If the item is confirmed to be the same as that delivered to the Buyer and is found to be counterfeit, ex(bags) will refund the full price to the Buyer.
Buyer understands and acknowledges that ex(s) may require an undetermined amount of time to investigate any allegation. To facilitate this process, the Buyer is encouraged to provide any official documentation, such as a letter from the brand owner, supporting the Buyer's approval. ex(bags) will consider all information available and provided, including product verification through its own authentication process and technology, and make a final determination in good faith. The guarantee of authenticity is personal to the Buyer and is not transferable by contract or law. However, we are not responsible for refunds for changes to items made by the seller.
As per international trade practice, all countries levy customs duty on imported goods. ex(bags) ships its products from Poland and therefore the Buyer is responsible and obligated to pay any applicable customs duties upon delivery of the products. It is the buyer's responsibility to check the applicable duty rates in the country of importation. The website https://www.simplyduty.com/import-calculator/ can be used as a reference for duty rates.
For all orders delivered outside Poland, estimated customs fees may be charged prior to delivery or must be collected directly by the partner courier at the time of delivery at the discretion of ex(bags).

Authenticity

ex(bags) has a consignment lock-in period of 90 or 180 days, as applicable, during which the items listed by the Seller will be kept on the site until they are sold. If the Seller wishes to retrieve the item(s) before the end of the lock-in period, the cost of return shipping and any applicable customs duties will be borne by the Seller. In addition, ex(bags) will charge a fee of USD 20 per item for such returns. It is the responsibility of the Seller to verify the duty rates applicable in their resident country and comply with any relevant regulations. ex(bags) recommends using https://www.simplyduty.com/import-calculator/ as a reference guide. ex(bags) reserves the right to purchase the item from the Seller and pay the agreed payout before the end of the 10-day notice period of return.

Counterfeit Items

The parties agree that any items found to be inauthentic will not be returned and shall be destroyed by ex(bags) in accordance with the applicable laws and regulations in the United Arab Emirates. In the event that any items are rejected due to being counterfeit, ex(bags) shall inform the seller accordingly.
The seller agrees to indemnify and hold ex(bags) harmless against any and all costs, including but not limited to shipping, customs duties, fines, authentication fees, and bank charges incurred in connection with inauthentic items. In the event that ex(bags) has already paid the seller for an inauthentic item, the seller shall immediately reimburse ex(bags) for such amount upon demand.
ex(bags) reserves the right to take any remedial actions that it deems necessary in order to make good any financial and consequential losses incurred due to counterfeit items. Furthermore, ex(bags) may retain any other items belonging to the seller until all losses arising from the supply and sale of inauthentic items have been fully remedied to the reasonable satisfaction of ex(bags).
The seller hereby indemnifies and holds ex(bags) harmless against all costs, claims, expenses, and losses, including consequential loss, arising from the supply of counterfeit items.

Sale of Consigned Merchandise

In consideration of the consignment services provided by ex(bags), the following terms and conditions shall apply:

1. ex(bags) agrees to photograph and write copy for the consigned merchandise and list it for sale on the website, www.exbags-shop.com. ex(bags) also reserves the right to list the merchandise on partner websites.
2. ex(bags) shall have full control over the final pricing of the consigned merchandise. We will make every attempt to obtain the highest possible selling price for the consigned merchandise, but reserve the right to add up to the selling price, eventual shipping fees, duties and other related charges.
3. ex(bags) guarantees authenticity of every item offered for sale. Therefore, the seller warrants the consigned merchandise to be authentic. In the event that ex(bags) determines the merchandise to be counterfeit, the seller agrees to pay back any payout for the item, authentication and shipping fees for return of item.
4. The seller warrants to be in legal possession of the consigned merchandise. Therefore, proof of identification will be required upon collection of selected items in compliance with the provision of the Criminal Investigation Department.
5. ex(bags) will make every attempt to obtain the highest possible selling price for the consigned merchandise, but shall have full control on pricing the item. Periodic price reduction will be applied without Seller's formal consent. No manifested objection is considered as consent.

Loss or Damage

Upon delivery, ex(bags) shall maintain adequate insurance coverage for the consigned merchandise including risks of fire, flood, theft, and damage. However, all risks of loss or damage to the merchandise in transit shall be borne by the Seller until the item is inspected by ex(bags). The Seller shall be responsible for adequately packaging and securing the merchandise prior to shipping to prevent any damage during transit. In case of any loss or damage during transit, the Seller shall be liable to bear all expenses and losses incurred by ex(bags) due to such loss or damage.