Terms of service
TERMS OF SERVICE
OVERVIEW
This website is operated by Dia Alwaa! The terms "we", "us" and "our" refer to Dia Alwaa. Dia Alwaa operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services").
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or country of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current, and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
Because our garments are created on a made-to-order basis to promote mindful consumption, each piece is crafted specifically for you upon purchase.
We have made every effort to provide an accurate representation of our products in our online store. However, please note that colors or product appearance may differ slightly from how they appear on your screen due to lighting conditions, monitor calibration, and device configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to how they appear on digital displays.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Dia Alwaa reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Dia Alwaa confirms acceptance and payment is successfully processed.
Because crafting begins shortly after purchase, any cancellation or order modification (such as size or address changes) must be requested within 24 hours of placing your order. Once production has started, orders cannot be canceled or modified.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Exchange & Return Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, or customs and import duties.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your financial institution, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes or duties.
SECTION 5 - SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed, as made-to-order items require dedicated craft lead times prior to dispatch. We are not liable for shipping and delivery delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, garment designs, photography, graphics, videos, and layout, are owned by Dia Alwaa, its affiliates, or licensors and are protected by international copyright, trademark, and intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republication, download, store, or transmit any material from our Services without our prior written consent.
Dia Alwaa's names, logos, product names, designs, and slogans are trademarks of Dia Alwaa. You must not use such marks without prior written permission.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites.
We are not liable for any harm or damages related to your access of third-party websites or your purchase or use of goods, services, or resources on any third-party sites. Please review the third party's policies carefully before engaging in any transaction.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Dia Alwaa is powered by Shopify Inc., which provides us with the online e-commerce platform that enables us to offer our Services to you. However, any sales and purchases you make in our store are made directly with Dia Alwaa.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Dia Alwaa, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Dia Alwaa.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is governed by our Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the platform. Information you submit to the Services will be transmitted to and shared with Shopify and relevant service providers as necessary to fulfill your order.
SECTION 11 - FEEDBACK AND SUBMISSIONS
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, or proposals (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose.
We are under no obligation to (1) maintain Feedback in confidence, (2) pay compensation for Feedback, or (3) respond to any Feedback. You agree that your Feedback will not violate any right of any third party or contain unlawful, abusive, or harmful material.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
(a) For any unlawful or malicious purpose;
(b) To violate any international, federal, or local regulations, rules, or laws;
(c) To infringe upon or violate our intellectual property rights or the rights of others;
(d) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone;
(e) To transmit false or misleading information;
(f) To upload or transmit viruses or malicious code;
(g) To send unsolicited promotional material ("spam");
(h) To collect or track the personal information of others; or
(i) To use scraping, automated bots, AI extraction tools, or manual means to access or harvest data from the site without express permission.
We reserve the right to suspend or terminate your account or access to the Services immediately for violating any prohibited uses.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity.
14.2 No Agent may access, use, or interact with Services unless it identifies itself in strict accordance with section 14.4 below or if we have requested that the Agent refrain from accessing the Services.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) disclose their identity in HTTP/HTTPS request user agent strings as "Agent/[agent name]"; (ii) not obfuscate interactions, mimic human behavior patterns, or circumvent CAPTCHA checks; (iii) respond truthfully to prompts checking for human vs. computer origin; and (iv) respect security headers and rate limits.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY DIA ALWAA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL DIA ALWAAM, OUR FOUNDER, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS (OR THOSE OF SHOPIFY AND ITS AFFILIATES) BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, OR REPLACEMENT COSTS ARISING FROM YOUR USE OF ANY OF THE SERVICES OR PRODUCTS PROCURED USING THE SERVICE.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Dia Alwaa, Shopify, and our respective affiliates, officers, directors, employees, agents, and contractors from any claims, liabilities, damages, or reasonable legal fees arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed from these Terms without affecting the validity of remaining provisions.
SECTION 20 - ENTIRE AGREEMENT & WAIVER
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms of Service and any policies posted on this site constitute the entire agreement between you and Dia Alwaa.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction or notice.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Arab Emirates. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of the United Arab Emirates.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. Your continued use of or access to the site following any changes constitutes acceptance of those updates.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at dia.alwaa@gmail.com.
Dia Alwaa
United Arab Emirates
Email: dia.alwaa@gmail.com