General

You purchase the Merchandise in your local currency, which typically includes applicable sales taxes (such as Value Added Tax, Goods and Services Tax, Consumption Tax), in addition to delivery costs and fees (“Delivery Costs”).

Orders placed through the Checkout are exclusively for “Consumers” as defined by law and case law precedent and individuals acting solely on their own behalf. Any Order that is evidently not a consumer retail sale, or is fraudulent or presumed as such, will not be accepted. By placing an Order, you represent and warrant that the purchase of the Merchandise is strictly for personal use with no direct link to commercial activity of any kind.

The characteristics of the Merchandise you purchase, along with the price and Delivery Costs (if available for pre-payment), will be as displayed on the Checkout. Please ensure you review your checkout page to identify and correct any input errors.

Note that there may be minor differences between the actual Merchandise and its appearance on the Website/Checkout, such as color, texture, or finish. The labeling or packaging of the Merchandise may differ from the images shown on the Website and may not be in your language.

Quantity limits may apply to Orders of certain Merchandise. Orders exceeding the authorized quantity may be refused at any time without prior notice.

Browsing, Checkout, and Acceptance of Orders

You place an Order for the Merchandise by using the Checkout ordering process. This involves selecting the Merchandise, placing it in the shopping cart/basket, and transmitting the order by clicking the “Proceed to checkout” button (or similar button) on the Checkout. This process allows you to check and correct any errors before placing an order by using the “back” button.

To place an Order, you must meet the age requirements to bind yourself to contracts under local legal requirements where you reside. By placing an Order, you confirm that you meet these requirements. By accepting our Terms, you confirm that you are above the age of 18 and consent to the collection of your personal data as further stipulated in the Terms.

The information in these Terms and the data on the Website and Checkout do not constitute an offer to sell but rather an invitation to contract. Once you have placed your Order, it will be acknowledged via an email containing relevant Order details. This email does not constitute acceptance of your Order to buy the Merchandise; it is merely an acknowledgment. Your Order is not accepted, and no contract for the sale of Merchandise comes into effect, until your Order is specifically accepted and a confirmation email is sent (“Order Confirmation”). Order confirmation is subject to fraud checks and other regulatory checks (such as ‘Denied Parties Screening’).

Efforts are made to process and fulfill any Order as quickly as possible. However, certain Orders may be declined, such as abnormal orders, orders suspected of not being placed in good faith, or orders not placed by individuals. Your Order may also be declined or canceled upon notice if: (a) the Merchandise is unavailable (in which case, if payment was processed, you will be refunded in accordance with these Terms); or (b) the payment information you provided cannot be verified.

If a suspicion arises that someone’s identity, address, email address, and/or payment information has been used fraudulently or unauthorized, you may be required to provide additional verifications and information before and as a condition to the acceptance of any Order.

Moreover, an Order may be canceled (in full or in part) even after the Order Confirmation was dispatched if a suspicion arises that circumstances on our part or any third party’s part could have given rise to a good faith, genuine, or honest error, mistake, or misunderstanding pursuant to which we would neither have sent the Order Confirmation nor agreed to sell the Merchandise. An example could be a specious low price for Merchandise otherwise costing significantly more. In such cases, you will receive a detailed notice of cancellation, following which your Order will be automatically canceled, and you will be refunded the amounts you paid.

Nothing in these Terms affects consumers’ legal rights concerning Merchandise that are not in conformity with the contract, whether because they are faulty, not as described, or otherwise.

Exchange Rate

Exchange rates may be set and updated regularly, and you acknowledge that such updates may affect Merchandise pricing on the Checkout. The price of the Merchandise will be the price (according to the applicable exchange rate) at the time you place your Order via the Checkout, as displayed on the Checkout.

Title; Risk; Importer of Record

The title to the Merchandise ordered is transferred to you the moment the Merchandise is dispatched to you (where the contract for the sale of Merchandise is concluded), provided you have made full payment of the Order amount (including Merchandise price, taxes including VAT, delivery charges if any, and any other charges payable under these Terms, if any).

Risk of damage or loss transfers to you on delivery to you or somebody identified by you to carry or take possession of the Merchandise on your behalf.

Fulfillment, Handling, and Delivery

You agree that you will not re-export or commercially re-sell any Merchandise purchased via the Checkout.

OF ORDERS

You acknowledge and agree that We or one of Our third-party fulfillment services providers acting on its behalf, including the retailer (each a “Fulfillment Provider“) may handle the delivery and fulfillment of your Order, and that Exallia has sole discretion as to the Fulfillment Provider it chooses to use.

Not all Merchandise can be delivered anywhere (due to limitations imposed on the Merchandise or by the destination).

Delivery will be complete when the Merchandise will be delivered to the address which you specify when ordering (that may include the port of entrance to the destination as specified on the Checkout, in case you have selected not to pre-pay Import Charges).

Different parts of your order may be delivered on different dates. Unless otherwise stated, and subject to applicable laws, delivery dates given on Checkout (or on the Websites) are estimates only. Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances (pre-order for example). Delivery timeframes are affected by your delivery address and the delivery method selected. We are unable to specify an exact delivery date and time.

We have no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond its reasonable control and where we could not have taken reasonable steps to deal with the delay. For example, delays resulting from customs clearance procedures or other actions of relevant authorities are generally outside of our control, or delays resulting directly from your actions or omissions.

If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. Efforts will be made to deliver your merchandise according to the details in the Order.

PAYMENT METHODS

You may pay with the payment methods specified at Checkout. When being charged, the descriptor you will see shall include Exallia/ JAKAMEN identified as ‘Exallia/ JAKAMEN’ and will substantially look like this: **Exallia//Merchant**. Payments concerning the Merchandise could be made to an intra-group affiliate as our agent, and such payment will discharge you from your payment obligations in connection with the purchase of the Merchandise from us.

You acknowledge and agree that: (i) you will be charged by Exallia or one of its third party payment processors (“Payment Processor“), through the payment method you have selected at Checkout for such Order and such other amounts payable under these Terms that may be due in connection with the Order; (ii) you will provide valid and current information about yourself; (iii) Exallia may use the tools, software or services of Payment Processors to process transactions on its behalf; and (iv) you may be charged bank or credit/debit card issuer with additional fees (such as foreign transaction fee or cross border fee) or surcharges imposed by your bank or credit/debit card issuer, and those are not Exallia charges or fees, and Exallia has no control over this nor does Exallia have any way to mitigate this, as this is purely up to the relationship and commercial terms between you and your bank or credit/debit card issuer, and Exallia also has no way of knowing in advance whether you will be charged such fees or surcharges, as each bank and credit/debit card issuer has its own policy, and Exallia commitment is to acquire the amount set at Checkout in your local currency.

Depending on your geography, payment may be routed through one of our intra-group affiliated companies, acting as our agent. Payment will be made to such affiliate, which will constitute a payment to us, and will discharge you

from your payment obligations in connection with the purchase of the Merchandise from us.

Payment by Cash on Delivery: you may be offered Cash on Delivery (“COD”) as one of the optional payment methods. If so, please be advised that the maximal amount that can be paid using COD is limited in accordance with applicable local laws in your destination and, may also be limited by the Website in accordance with its policies or the carrier. The Merchandise will only be handed to you subject to and after you have signed the delivery note and paid the Order amount in full.

Exallia will process your payment for the Merchandise. Exallia will take reasonable care to keep the details of your Order and payment secure, but (in the absence of material negligence) Exallia cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.

RETURNS POLICY (ALL CUSTOMERS, EXCLUDING FAULTY AND PERSONALIZED MERCHANDISE)

This Returns Policy applies to all customers. This policy does not apply to faulty or personalized Merchandise and such other Merchandise listed below. 

The return request must be made within 14 days from the date the Order was delivered (unless otherwise required by applicable specifically prevailing consumer law).  The return period shall be 14 days from the date you, or a third party named by you, who is not the carrier, have/has taken possession of the Merchandise, or, where your Order contained multiple products which will be delivered separately, delivery of the final product(s) making up your Order.

If you wish to return Merchandise pursuant to these Terms, the following instructions apply:  

• You must first inform us about your desire to return your order by clicking on Return Button from the order screen then follow the instructions and provide the requested information therein.
• Promptly thereafter you are required to follow instructions on return confirmation mail that is scheduling collection with couriers & handover Merchandise. You must act without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract.
• The Merchandise must be returned in a new and unused state, in perfect condition, with all protective or other materials in place and tags and stickers attached to them (if applicable), as well as with the original box /container, including all accessories and documents.
• Returned Merchandise is subject to a strict quality control to ensure that the returned Merchandise satisfies these above-mentioned requirements. If the Merchandise does not meet such standards, it could be refused, and the Merchandise will be returned to you (at your own cost) or you will be liable for the Merchandise devaluation.
• Upon receipt of the returned Merchandise and confirmation that it has been returned in accordance with the applicable requirements, you will be reimbursed for the actual paid price of the returned Merchandise.

Unless expressly agreed otherwise, reimbursement will be made using the same means of payment as you used for the initial transaction. Notwithstanding the forgoing, if COD was used as the payment method of your choice, we will reimburse you through your bank account or electronic wallet (and not in cash) and you will be required to provide such details for us to process the refund.

LIMITATION ON RETURNS POLICY

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THERE IS NO RIGHT TO RETURN MERCHANDISE THAT WAS MADE TO YOUR SPECIFICATIONS OR THAT IS CLEARLY PERSONALIZED. THERE ARE OTHER TYPES OF MERCHANDISE THAT ARE NOT ELIGIBLE FOR RETURN SUCH AS FRAGRANCES, ACCESSORIES, UNDERWEAR, AND SEALED GOODS  IF THEY WERE SEALED AND BECOME UNSEALED AFTER DELIVERY.

Only the buyer will be entitled to receive a refund of the purchase price. In no event will a person who has received the Merchandise as a gift be entitled to receive a refund. If you are a gift recipient and wish to return the Merchandise, please contact us to discuss your options. 

RETURNS POLICY FOR FAULTY MERCHANDISE

If any Merchandise you order is contains manufacturing defect or faulty when delivered to you or has developed a fault, you may have the right to return it within 30 days from the delivery date.

You should inform us as soon as possible, preferably in writing, giving your name, address, and order reference.

In any case, if you feel that the product you purchased has a defect, after the specified dates, you can contact us. We will do our best to satisfy you whenever possible.

LIABILITY

Exallia confirms its full commitment to the laws in force locally, especially the Consumer Protection Law, and guarantees the fulfillment of your rights as a consumer as stated in this law, including rights related to defective products and the return and exchange policy.

Subject to this, in no event there will be any liability for any of your business losses. Any liability, if so exists, shall not exceed the purchase price of the relevant Merchandise and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.

Exallia will not be responsible for any loss or damages incurred by unauthorized use of your payment card on the Checkout, and Exallia is not responsible for notifying your card issuer or any law enforcement authority in these instances.

You must give Exallia a reasonable opportunity to remedy any matter for which they are liable before you incur any costs remedying the matter yourself.

It cannot be guaranteed that the Website will be uninterrupted or error-free and Exallia cannot guarantee that the Checkout will be uninterrupted or error-free. Exallia are entitled without notice and without liability to suspend the Website or the Checkout for repair, maintenance, improvement or other technical reason.

To the maximum extent permitted by applicable law, Exallia shall not be held liable, if and in so far as it cannot fulfil its obligations as a result of circumstances beyond its reasonable control and where it could not have taken appropriate steps to avoid such effects including third party telecommunication failures.

INTELLECTUAL PROPERTY RIGHTS

Any access or use of the Checkout for any reason other than your personal, non-commercial use, is prohibited. You further acknowledge that any other use of the material and content of the Checkout is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Unless otherwise stated, the copyright and other intellectual property rights in the content on the Checkout are owned by Exallia.

You may print off one copy and may download extracts of any page from this Checkout for non-commercial, personal use.

TERMS OF WEBSITE USE

Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”) carefully before using the Website. These Use of the Website Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined below), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to these Use of the Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.

Copyright And Trademarks

The copyright in all Content is and remains owned by Exallia, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Website, you are authorised to view, play, print and download Content found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of Exallia. For purposes of these terms, the use of any such Content on any other Website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Website.

In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Exallia. Exallia does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Exallia retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

All trademarks, service marks, logos and trade names which appear on products of Exallia (JAKAMEN Trade Mark), product packaging and/or on the Website, whether registered or not (the “Trade Marks”) remain the exclusive property of Exallia, its affiliated companies or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Exallia prior written consent. The use of any of the Trade Marks on any other Website or network computer environment, for example the storage or reproduction of (a part of) the Website in any external internet Website or the creation of links, hypertext, links or deep links between the Website and any other internet websites, is prohibited without the express written consent of Exallia.

Disclaimer of Warranties

The Website and the Content are free of charge and provided ‘as is’ and without any warranties of any kind. The information on the Website is for general information purposes only and does not constitute advice.

Exallia does not represent or warrant that the information and/or facilities contained in the Website are accurate, complete or current, or that the Website or the server that makes the Website available are free of viruses or any other harmful components. Further, Exallia will not provide for specific IT infrastructure or connectivity. Thus, Exallia cannot represent or warrant the Website will be uninterrupted or error free. Exallia does not make any warranties or representations regarding the use of the Content on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.

Limitation of Liability

Your use of the Website is at your own risk. Neither Exallia, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Website, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website, or the performance of the products or otherwise arising out of or in connection with these Use of Website Terms and Conditions, even if Exallia has been advised of the possibility of any such damages.

Links to Third Parties 

For your convenience and to improve the usage of the Website, links to Websites that are owned and controlled by third parties may be provided from time to time. These links take you outside Exallia service and off the Website and are beyond Exallia control. This includes links to partners that may use the Trade Marks as part of a co-branding agreement. The Websites you can link to have their own separate terms and conditions as well as a privacy policy. Exallia is not responsible and cannot be held liable for the content and activities of these Websites. You therefore visit/access these Websites entirely at your own risk.

Please note that these other Websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those Websites prior to using them.

Misuse of the Website

You are prohibited from using the Website to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Exallia/ JAKAMEN may deny you access to the Website at any time in its sole discretion, and which shall include situations where Exallia/ JAKAMEN believes that your use of the Website is in breach of any of these Use of Website Terms and Conditions and/or applicable laws.

You are also prohibited from using the Website to advertise or perform any commercial solicitation.

You may not use any software, robot, crawler, spider, page scraper or any other automated means or device to (a) access, copy, affect or monitor any part of the Website or its content or circumvent the structure or presentation of the Website or any of its content or (b) to interfere with the operation of the Website or any transaction being made on the Website or interfere or affect any person’s use of the Website or to help facilitate any third party to purchase any product on the Website.

You may not attempt to gain unauthorised access to any part or feature of the Website or any system connected to the Website by hacking, password mining or other illegitimate or unauthorised means.

User Generated Content

All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials (including

your personalisation on Personalised Products) that you or other users of the Website post to the Website or transmit using the Website (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, Exallia/ JAKAMEN shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that Exallia/ JAKAMEN only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. Exallia/ JAKAMEN shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall Exallia/ JAKAMEN be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of Exallia/ JAKAMEN. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep Exallia/ JAKAMEN and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Exallia/ JAKAMEN or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Website.

Exallia/ JAKAMEN reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which Exallia/ JAKAMEN believes is not in accordance with these Use of Website Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Exallia/ JAKAMEN.

You agree to promptly notify Exallia/ JAKAMEN in writing (https://www.jakameneg.com) of any User Generated Content (or other Content) which breaches these Use of Website Terms and Conditions. You agree to provide to Exallia/ JAKAMEN sufficient information to enable Exallia/ JAKAMEN to investigate whether such User Generated Content (or other Content) breaches these Use of Website Terms and Conditions. Exallia/

JAKAMEN agrees to make good faith efforts to investigate such complaint and shall take such action as Exallia/ JAKAMEN in its sole discretion decides. However, Exallia/ JAKAMEN does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.

Unsolicited Ideas

Exallia/ JAKAMEN maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to Exallia/ JAKAMEN business (including without limit footwear, garments) whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to Exallia/ JAKAMEN. You should therefore not post any Materials on the Website or send these to Exallia/ JAKAMEN by e-mail or otherwise.

PERSONAL DATA USE 

By accepting the Terms and using the Website, you hereby acknowledge and agree that Exallia/ JAKAMEN may collect, process, transfer or store your information and personal data for the purpose of completing the purchase of the merchandise. The information and personal data collected, processed, transferred or stored under our Terms shall be in compliance with all applicable laws and regulations regarding personal data protection.

GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of the Egypt.

You hereby agree that any dispute arising out of or in connection with these Terms or any Order, including any question regarding its existence, validity or termination and any dispute regarding non-contractual obligations arising out of or in connection with them, shall be referred to and finally resolved by the Egyptian courts. 

MISCELLANEOUS

Communications will be made electronically by sending email or otherwise posting electronically.

If any provision or provisions of these Terms shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

Headings used in these Terms are for information and not binding.

Any failure by either party to exercise or enforce any right or provision of these Terms does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of these Terms is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of these Terms shall continue to apply. These Terms may be transferred to a third party, without your consent, but this will not affect your rights or obligations. A person who is not a party to these Terms shall have no rights to enforce any term of these Terms except insofar as expressly stated otherwise.

Exallia reserve the right to access, read, preserve, and disclose any information obtained in connection with the Order, and your use of the Checkout, as Exallia reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your support requests, or (v) protect the rights, property or safety of Exallia or the public.

The Checkout may contain links to third party websites or services that are not owned or controlled by Exallia. Exallia is not affiliated with, has no control over, and assume no responsibility for the content, privacy policies, or practices of, any third-party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third-party website; and (ii) expressly release Exallia from any and all liability arising from your use of any third-party website. Accordingly, you are encouraged to read the terms and conditions and privacy policy of each third-party website that you may choose to visit.

Exallia reserves the right to modify these Terms at any time by posting the changes on the Checkout or the Site. Such change will take effect ten (10) days following the posting of the revised Terms, and your use of the Checkout after such changes have been posted means that you agree to be bound by the Terms as modified. However, no such change will affect any Order that you have already placed.

These Terms constitute the entire agreement with respect to the subject matter of the Order. The contract in respect of any Orders is concluded between you and Exallia or our intra-group affiliate acting on behalf of Exallia and that no public filing requirements apply.