These terms and conditions of use (the “Terms”) govern the use by the users (each a “User” or “you”) of Afrodiva’s website (the “Website”) for the purpose of purchasing wigs, hair and hair care products, and other products made available through the Website (the “Products”) and is made between Afrodiva Exotic Hair Boutique LTD (together with its affiliates and subsidiaries, “Afrodiva”, “us”, or “our”) and the User.
Please read these Terms carefully before using the Website or purchasing the Products.
By registering on the Website or purchasing the Products, the User agrees to be bound by these Terms and acknowledges and agrees to the collection, use, and disclosure of the User’s personal information in accordance with our privacy policy (the “Privacy Policy”).
If you disagree with these Terms and/or with the Privacy Policy, you must not access the Website, purchase, receive or use the Products.
Afrodiva and the User are referred to individually as a “Party” and collectively as the “Parties”.

BACKGROUND

Afrodiva was born in Dubai over a decade ago. From its very first day, it attracted women who recognized the hallmark of quality. What began as a salon grew into a destination, then a reputation, and finally a name sought after by those who refuse to settle for anything less than extraordinary.
Afrodiva believes that hair is not just an accessory; it is an identity. Each piece is handcrafted by master artisans using ethically sourced human hair, designed to deliver invisible luxury, effortless elegance, and absolute confidence.
Afrodiva exists for the woman who sees beyond the mirror. Through master craftsmanship and the finest human hair, Afrodiva creates pieces that move, breathe, and empower. Because true luxury is not merely seen, it is felt.
Afrodiva’s vision is singular: to make Afrodiva synonymous with the finest wigs in the world. Afrodiva aims to educate, inspire, and empower every woman who chooses them whether she wears their pieces daily as part of her identity, or for a single moment she wants to remember forever.

GENERAL CONDITIONS

Afrodiva grants the User a limited, non-exclusive, non-transferable, and revocable license to use the Website for personal, non-commercial purposes subject to the User’s compliance with the Terms, the Privacy Policy, and any other Afrodiva policies and applicable laws.
The User may not copy, modify, distribute, sell, or lease any part of the Website. The User may not reverse engineer or attempt to extract the source code of the Website. The User may only purchase the Products through the interfaces that Afrodiva provides on the Website for the purpose of accessing, browsing and purchasing the Products and may not interfere or attempt to disrupt the Website.

REGISTRATION & ACCOUNT CREATION

The User is required to create an account on the Website to purchase the Products (the “Account”).
When creating an Account, the User will be required to create a user ID and a password and to answer certain questions or provide certain information that may or may not be personal in nature. Some such fields may be mandatory or optional. The User represents and warrants that all information supplied to Afrodiva is true, complete, accurate and not misleading.
The User shall be the sole authorised User of the Account it creates. The User agrees that it is responsible for all conduct and transactions that take place on or using the Account. In the event the User becomes aware of any unauthorised access to its Account, the User agrees to contact Afrodiva immediately.
The User shall be solely responsible for maintaining the confidentiality of both the password and its Account as well as for all activities on its Account. Afrodiva will not be liable for any loss that may be incurred by the User as a result of unauthorised use of the password or Account, either with or without the User’s knowledge. The User shall not use anyone else’s Account at any time.

USERS & ONLINE STORE TERMS

Individuals who have not attained the age of eighteen (18), or the age of majority under the applicable law, are prohibited from registering as Users of the Website. By completing the registration process and creating an Account, the User warrants that it is of legal age in the jurisdiction where it resides to form a binding contract with us.
If the User is purchasing the Products for its intended purposes on behalf of a business or other entity, the User warrants that it has the necessary authority to bind that business or entity to the Terms and that it is agreeing to the Terms on behalf of that business or entity.
The User agrees that it shall comply with all applicable laws when accessing or using the Website and/or purchasing the Products, it shall adhere to any applicable Afrodiva policies, and it shall respect those who it encounters, including third-party providers and Afrodiva’s personnel.
Afrodiva may periodically offer the User certain incentives or benefits (e.g., credit, coupon, promotion code, and/or discount code) through the Website. If Afrodiva suspects or determines, in its sole discretion, any fraud, tampering, abuse, or violation in connection with any such offer, Afrodiva reserves the right to withhold, revoke, cancel, and/or terminate the incentive or benefit and to take any other appropriate remedial measures.
Afrodiva reserves the right, at its sole discretion, to prohibit sales to dealers or resellers. For the purpose of these Terms, a reseller is anyone who purchases a Product(s) from the Website for the purpose of engaging in a commercial sale of that same Product(s) to a third party. Products you purchase may not be resold or exported.

PRICES & FEES

All prices of Orders are quoted in Dirhams (AED) (the “Order Price”).
Afrodiva may charge additional fees to the Order Price to cover inter alia, delivery and shipping fees, value added tax or customs fees, if applicable (together with the Order Price, referred to as the “Fees”)
The applicable Fees for each Order shall be clearly mentioned in the final Order confirmation screen on the Website and in the dispatch confirmation email that the User receives after their Order is placed.
Afrodiva may change its rates in relation to the Fees at any time, or discontinue any Product, without notice. Afrodiva shall not be liable to any User or third-party for any modification, price change, suspension, or discontinuation of a Product.

PAYMENT TERMS

The User shall pay the Fees by credit/debit card and/or store credit.
If the User makes an online payment through the Website, the User acknowledges and agrees that its payment details shall be directly provided to Afrodiva’s payment provider via a secured connection. The User shall retain a copy of transaction records and the payment service provider’s policies and rules.
Once an online payment is made, a confirmation notice shall be sent to the User via email, within twenty-four (24) hours of receipt of payment. If, for any reason, the online payment transaction is declined immediately after being made, Afrodiva shall have the right (but not the obligation) to offer, where available, other available payment methods, including but not limited to “cash on delivery” or “credit card reader on delivery” payments.
Any refund due to the User under these Terms or applicable law shall be made to the original payment method, unless otherwise required by law or agreed with the User. Refund timelines may be subject to the payment service provider’s processing periods.

USER SUPPORT & COMPLAINTS

Afrodiva’s User customer support personnel shall provide support to the User regarding any questions, issues, or complaints in relation to the Products (the “Support”). The Users may contact Afrodiva via the contact number and email address available on the website.
If the User has a complaint regarding a Product received through the Website, the User should provide reasonable details of the complaint, including the order number and supporting information where applicable, to enable Afrodiva to investigate and respond.

USER COTENT

We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you voluntarily: (i) submit or post on the Website, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, X, Facebook, TikTok and Pinterest, that are tagged with #Afrodiva or any other Afrodiva promoted hashtag (collectively “User Content”) shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant Afrodiva a non-exclusive, royalty-free, worldwide licence to use, reproduce, display and share such User Content solely for the purposes of (i) operating and improving the Website and Afrodiva’s services; (ii) displaying customer reviews and experiences; and (iii) promoting Afrodiva’s products and brand through Afrodiva’s Website, social media channels, email communications and marketing materials. Upon Afrodiva reusing the User Content, neither you, nor any other person or entity, will have the right to: (a) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms; or (b) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Afrodiva will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Any further use of the User Content will require a written acceptance from the User. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.
By submitting or posting User Content on the Website, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that: (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are eighteen (18) years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any fraudulent, libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, Trojan horses, worms or other harmful files or code. You are solely responsible for the User Content and you hereby agree to indemnify and hold Afrodiva and its
directors, officers, agents and employees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

INTELLECTUAL PROPRTY

The Website and its original content, features, functionality, design elements, and any and all intellectual property rights related thereto, including but not limited to any registered and unregistered trademark, tradename and/or service mark appearing on the Website (“Intellectual Property Rights”) are and shall remain the exclusive property of Afrodiva. Except as expressly set forth in the Terms, nothing in the Terms grants the User any right, title, or interest, implied or otherwise, in or to Afrodiva’s Intellectual Property Rights.

INDEMNIFICATION

To the fullest extent permissible by applicable law, the User shall indemnify, defend, and hold harmless Afrodiva and their relevant directors, officers, employees, and/or agents from and against any liability, damage, loss, or expense (including attorneys’ fees and expenses of litigation) (collectively, “Losses”) suffered or incurred by Afrodiva in connection with any claim, suit, action, demand or judgment (“Claim”) arising from or in connection with: (a) the User’s purchase or use of the Products; (b) the User’s unauthorised use of the Website; (c) the User’s actual or alleged breach of the Terms or the Privacy Policy; (d) any actual or alleged infringement or misappropriation of any Intellectual Property Right; or (d) fraud, intentional misconduct, gross negligence, or violation of publicity or privacy rights by the User in connection with the Terms and/or the Privacy Policy.

LIMITATION & EXCLUSIVE OF LIABILITY

To the fullest extent permitted by applicable law, Afrodiva shall not be liable to the User based on contract, warranty, tort or otherwise by law, for:
any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with the User’s use of the Website and/or purchase or receipt of the Products; or
any loss of profit, revenue, business, or data,
however arising, even if Afrodiva has been advised of the possibility of such costs or damages.
The User further acknowledges that Afrodiva shall not be liable, to the fullest extent permitted by applicable law, for any damages arising from interruption, suspension, or termination of the Website, the discontinuance, non-availability or suspension of any Product, including without limitation any direct, indirect, incidental, special, consequential, or exemplary damages, whether such interruption, suspension, or termination was justified or not, negligent or intentional, inadvertent or advertent.
To the fullest extent permitted by applicable law, Afrodiva’s total liability to the User arising out of or in connection with the Terms and/or the Products for any losses arising shall not exceed the amounts paid by the User to Afrodiva for the Products. Nothing in this clause limits or excludes any liability that cannot be limited or excluded under mandatory consumer protection law.

DISCLAIMERS

Afrodiva shall use commercially reasonable efforts to provide the User with accurate and up-to-date pricing, product availability and promotional information. Discrepancies are possible and the User acknowledges that Afrodiva is not in any way liable in such instances.
The User acknowledges and agrees that the Products are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. Afrodiva makes no warranties or representations about the accuracy or completeness of the content provided through your access of the Website and/or the purchase or receipt of the Products. Afrodiva assumes no liability or responsibility for (i) any errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage of any nature whatsoever, resulting from the User’s access to and use of the Website or Products; (iii) any unauthorised access to or use of Afrodiva’s secure servers and/or any and all personal information and/or financial information therein. Afrodiva, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including without limitation the warranty of merchantability, non-infringement of third-party rights and the warranty of fitness for a particular purpose. Afrodiva makes no warranties about the accuracy, reliability, completeness or timeliness of the content, services, support, software, text, graphics, or links.
Afrodiva shall aim to regularly update the information on the Website. However, Afrodiva is not responsible if information made available on the Website is not accurate, complete, or up to date. The material on the Website is provided for general information only and any reliance placed on the material on the Website is at the User’s own risk.
No guarantee shall be given that data communication via the internet shall be error-free and/or available at all times. Afrodiva therefore shall not be held liable in respect of any failure to maintain the constant, uninterrupted availability of the Website, nor for technical and electronic faults during sales transactions, in particular for any delay in processing or accepting Orders.

TERMINATION

Afrodiva may suspend or terminate a User’s access to the Website or Account where reasonably necessary for security, fraud prevention, suspected unlawful activity, abuse of the Website, or material breach of these Terms. Afrodiva may also discontinue the Website or any part of it on reasonable notice where practicable.
Any suspension or termination of access to the Website or an Account shall not affect Orders already accepted by Afrodiva, any refund obligations, or any accrued rights or remedies of either Party, except where the Order is cancelled in accordance with these Terms or applicable law.

FORCE MAJEURE

Afrodiva shall not be liable for any delay or failure to perform any of Afrodiva’s obligations under the Terms where the delay or failure results from impossibility caused due to factors beyond Afrodiva’s reasonable control, including but not limited to strike, lock-out, labour disputes, acts of God, fire, flood, storm, war, conflict, military action, riot, civil commotion, terrorism, epidemic, pandemic, explosion, malicious damage, and accident or breakdown of machinery.

MISCELLANEOUS

Entire Agreement: These Terms set out the entire agreement and understanding among the Parties with respect to the subject matter described herein and supersedes any previous negotiations, representations, undertakings, and agreements (whether oral or written).

Headings: The headings used in These Terms are included for convenience only and will not limit or otherwise affect these Terms.

Severability: The provisions contained in each clause of these Terms shall be enforceable independently of each of the others and their validity shall not be affected if any of the others is invalid. If any of those provisions is void but would be valid if some parts of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid.

Modification: Afrodiva reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the Terms or any of its terms with immediate effect, with or without prior notice (i) for legal, regulatory, fraud and abuse prevention or security reasons; and/or (ii) to change existing features or add additional features to the Website. Any material changes shall be notified by publication on the Website or by other reasonable means. The User’s continued access of the Website, following any revision to the Terms constitutes the User’s complete and irrevocable acceptance of any and all such changes. If any change or modification is unacceptable to the User, the User’s only recourse is to terminate the access to, and use of, the Website.

Waiver: The failure of Afrodiva at any time to require performance by the User of any provision hereof shall in no way affect the right of Afrodiva to require such performance at any time thereafter, nor shall the waiver by Afrodiva of a breach of any provision hereof constitute a waiver of any succeeding breach of the same or any other provision or constitute a waiver of the provision itself.

Assignment: The User may not assign the Terms or any of its rights, duties or obligations hereunder, whether in whole or in part, without Afrodiva’s prior written consent. Afrodiva may freely assign all of its rights, duties and/or obligations, whether in whole or in part, at its own discretion.

Successors: The Terms shall insure to the benefit of and be binding upon the respective successors and assigns of the Parties. Nothing in the Terms, express or implied, is intended to confer upon any party other than the Parties hereto or their respective successors and assigns any rights, remedies, obligations or liabilities under or by reason of these Terms, except as expressly provided herein.

Relationship of Parties: Nothing in these Terms is intended to create a partnership, joint venture, agency, franchise, sales representation, employment or any other legal relationship of any kind between the Parties that would impose liability upon one Party for the act or failure to act of the other Party, or to authorize either Party to act as agent for the other. Neither Party shall have authority to make representations, act in the name or on behalf of, or otherwise to bind the other Party.

Notices: Afrodiva may provide any notice under the Terms to Users by (i) posting a notice on the Account, (ii) sending a message to the email address then associated with the User’s Account, (iii) sending a text message to the phone number then associated with the User’s Account, or (iv) by other similar means. It is the User’s responsibility to keep its email address and phone number current. The User shall send Afrodiva all notices (i) by using the tools Afrodiva makes available to the User on the Account (e.g., in app-chat), or (ii) to Afrodiva’s email address available on the Website.

Governing Law: These Terms and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of the United Arab Emirates.

Dispute Resolution: Any dispute, claim, difference or controversy of any kind arising out of, relating to or having any connection with these Terms, including any dispute as to its existence, validity, interpretation, performance, breach or termination or the consequences of its nullity and any dispute relating to any non-contractual obligations arising out of or in connection with it shall be referred to and finally settled by the competent courts of the Dubai International Financial Centre.