Terms & Conditions
NOTE: OUR TERMS AND CONDITIONS HAVE CHANGED AS OF DECEMBER 16, 2019
TERMS OF SERVICE
Welcome to the website (“RIOT”). Retail Forward FZ, LLC. ("Retail Forward FZ, LLC") is the legal entity behind RIOT. For the purposes of this contract “Retail Forward FZ, LLC” will be referred to as “RIOT”.
DESCRIPTION OF SERVICES
In the Site, RIOT provides users with access to sales of fashion and luxury resale items and related services ("the Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
LICENSE AND SITE ACCESS
RIOT grants you a limited license to access the Site and Service for personal use. Unless otherwise stated, RIOT owns the intellectual property rights for all material on RIOT. All intellectual property rights are reserved. You may view and/or print pages from the Site for your own personal use subject to restrictions set in these terms and conditions.
You must not:
i Republish material from the Site
ii Sell, rent or sub-license material from the Site
iii Reproduce, duplicate or copy material from the Site
iv Redistribute content from the Site (unless content is specifically made for redistribution).
v caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site
vi uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party);
vii uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
viii any action that imposes or may impose (in RIOT’s sole discretion) an unreasonable or disproportionately large load on RIOT’s infrastructure;
ix any use of data mining, robots, or similar data gathering and extraction tools.
You may not bypass any measures used by RIOT to prevent or restrict access to the Site or Service. Any unauthorized use by you shall terminate the permission or license granted to you by RIOT.
You are not permitted to access the Service or Site if you are under the age of 18 or if your account has been suspended or removed by RIOT for any reason. You may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your RIOT account to another party. If you do not meet the foregoing eligibility requirements, you may not use the Service or the Site.
RIOT accepts payments online using Visa and MasterCard credit/debit card, cash on delivery for customers in UAE (and for customers in Bahrain, Kuwait, Oman, Qatar, and Saudi Arabia for purchases less than 3500 AED only), PayPal, bank transfer, and RIOT credit. An additional fee for the Cash on Delivery service of 30 AED is applied.
You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United Arab Emirates or any other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or RIOT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RIOT has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Service (or any portion thereof). If you use the Site or Service, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify RIOT immediately of any unauthorized use of your account or any other breach of security. RIOT reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
RIOT does not claim ownership of any materials you make available through the Site. At RIOT’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant RIOT a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license and that RIOT’s authorized use thereof, does not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).You acknowledge that you are responsible for any materials you may submit/post through the Site or Service, including the legality, reliability, appropriateness, originality and copyright of any such Postings. You may not upload to, distribute or otherwise publish through this Site any Posting that:
ii is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable UAE, or foreign laws;
iii may contain software viruses or malware;
iv contains advertisements or solicitations of any kind, or other commercial content;
v is designed to impersonate others;
vi contains personal information (such as messages that include phone numbers, ID numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
vii contains messages by non-spokesperson employees of RIOT purporting to speak on behalf of RIOT or containing confidential information or expressing opinions concerning RIOT;
viii contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
ix contains multiple messages placed within individual folders by the same user restating the same point;
x contains chain letters of any kind; or
xi contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.
DISCLAIMER OF WARRANTY
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. All content, products, and services on the site, or obtained from a website to which the site is linked (a “linked site”) are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
RIOT does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site by any party other than RIOT, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site.
Other than as required under applicable consumer protection law, under no circumstance will RIOT be liable for any loss or damage caused by a user’s reliance on information obtained through the site or a linked site, or user’s reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
All promotional dates refer to the current year, unless otherwise stated.
LIMITATION OF LIABILITY
You expressly understand and agree that RIOT and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if RIOT has been advised of the possibility of such damages), resulting from use of the site, content or any related services.
You will indemnify and hold harmless RIOT from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever including attorneys’ and experts’ fees, or arising out of or related to your breach of your breach of these Terms and Use; your breach of the Terms of Service; fraud you commit, or your intentional misconduct or gross negligence; or your violation of any applicable UAE, or foreign law or the rights of a third party. Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws and regulations of the Creative City Free Zone and the UAE. United Arab of Emirates is our country of domicile.
EVENTS OUTSIDE OUR CONTROL
RIOT shall be excused from performance under these TOS, to the extent it is 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 conditions beyond RIOT’s control such as (but not limited to) weather conditions or other elements of nature or acts of God. In the event that RIOT is temporarily unable to ship to you a purchased item because of such an event, RIOT will give you the option of deferring shipment or receiving a refund of your charges. RIOT takes possession of the item at seller's own risk and is not responsible for loss or damage owing to such Force Majeure events including but not limited to fire and earthquakes.
When you use the Site or send emails to RIOT, you are communicating with RIOT electronically. You consent to receive communications from RIOT electronically. RIOT will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Site, Service or third parties may provide links to other websites or resources. Because RIOT has no control over such sites and resources, you acknowledge and agree that RIOT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that RIOT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
Access To Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
MODIFICATION AND NOTIFICATION OF CHANGES
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of RIOT and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of RIOT or such third party which may own the Marks. Information and content including any software programs available on or through the Service or Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for any purpose.
Procedure for Claims of Intellectual Property Infringement
RIOT respects the intellectual property of others, and we ask our users to do the same. RIOT may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide RIOT Service Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The RIOT agent for notice of claims of copyright or other intellectual property infringement can be reached via e-mail at email@example.com with the subject line “intellectual property”.
SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Notwithstanding any other of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
If any of these conditions are deemed invalid, void, or for any unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time RIOT may offer special promotional offers which may or may not apply to your RIOT account. Headings are for reference purposes only and do not limit the scope or extent of such section. You agree to be bound by any additional terms and conditions for these special offers. The laws of the United Arab Emirates will govern this TOS and the relationship between you and RIOT. The failure of RIOT to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. RIOT does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and RIOT and governs your use of the Site, superseding any prior agreements between you and RIOT with respect to the Site.
HOW TO CONTACT US
If you have any questions or comments about these TOS or this Site, please contact us .
Address: Fujairah – Creative Tower, PO Box 4422 Fujairah, United Arab Emirates
TERMS OF CONSIGNMENT
This contract (this “Agreement”) is between the Consignor (the “Seller”) and “Retail Forward FZ, LLC” Retail Forward FZ, LLC is the legal entity behind the RIOT website. For the purposes of this contract “Retail Forward FZ, LLC” will be referred to as “RIOT” (the “Consignee”) (each, a “Party” hereto). This Agreement is valid as of this date.
RIOT is engaged in the marketing and sale of luxury designer items, jewelry, and watches.
SELLER is engaged in the sale of luxury designer items.
Seller desires that his products be sold on consignment by RIOT
RIOT will pick up the itemized Products from the Seller on a consignment basis only. Those items have been itemized in the online form.
RIOT will expend time and labor on said items in order to market and sell those Products
In consideration of the mutual premises and covenants contained in this Agreement, the receipt and sufficiency of which is acknowledged, the Parties hereby agree as follows:
2. DELIVERY OF PRODUCTS:
Seller makes the Property available to RIOT on a consignment basis and RIOT accepts the Property from the Seller on a consignment basis only. All risk of loss or damage of the Property will pass to RIOT only when RIOT takes physical possession of the Property. Seller retains all risk of loss or damage to the Property until that time; however, if Seller uses RIOT’s approved method of shipment to RIOT, specifically using RIOT’s logistics and shipping arrangement provided by a third party contractually bound to deliver and pick up items on behalf of RIOT, then RIOT will insure or arrange for a third party to insure each Property shipment against loss or damage in transit. A "shipment" means items of Property shipped together under one Label.
Subject to the foregoing, RIOT shall insure the Property in such amounts and against such risks as to which such goods are customarily insured, including insurance for theft and damage while in RIOT’s possession, and shall provide evidence of such insurance coverage to Seller as and when requested. If the Property is damaged or lost while in RIOT’s possession, then a Property Sale, as defined below, will be deemed to have occurred and RIOT will reimburse Seller in the amount of Seller's Commission (also defined below), based on the damaged or lost Property's Net Selling Price(s), (also defined below), and as determined solely by RIOT. This remedy shall constitute the sole remedy and entire recourse of Seller against RIOT and is in lieu of any other remedy available as a matter of law or equity.
3. ACCEPTANCE OF PROPERTY; CONDITION OF ITEMS
RIOT only accepts Property via the online form as per RIOT specifications OR through contact with a member of RIOT staff who is explicitly assigned to collecting items. RIOT will only accept items if : (1) it determines in its sole discretion to be in very good to excellent condition; (2) that is listed in its Designer Directory (see The RIOT's website at www.riothere.com/designers for items currently being accepted) OR that is a Designer that RIOT specifically accepts; (3) it determines in its sole discretion to be authentic; and (4) that is made available to RIOT in full compliance with the representations and warranties Seller makes pursuant to this Agreement ("Acceptance").
Upon receipt, RIOT will evaluate the Property to determine its authenticity, quality and value. Condition issues will affect the valuation. Property that does not meet RIOT's quality standards will not be Accepted and will be returned to Seller at Seller's expense (see "Unauthenticated Items" and "Consignment Period and Return of Property" below).
4. UNAUTHENTICATED, COUNTERFEIT OR STOLEN ITEMS
RIOT is responsible for ensuring the authenticity of all items that Seller offers or provides for consignment. In the event RIOT determines it cannot confirm the authenticity of any item of Property offered or provided for consignment, it shall have the right in its sole discretion to refuse to Accept the item. In the event that RIOT determines at any time that an item of Property is counterfeit, RIOT shall notify Consignor that it has made such determination. Consignor acknowledges and agrees that any item RIOT determines to be counterfeit will be returned to the seller. RIOT will not arrange nor bear the charges for shipping back inauthentic items. Furthermore, the authentication fee (AED 500 per item) will need to be paid upon the return of seller’s item/s.
Failure to comply with this procedure regarding inauthentic items will result in the seller’s item/s being destroyed by RIOT. See www.riothere.com/authenticity
Seller acknowledges and agrees that RIOT is subject to laws and regulations relating to claims that consigned items have been stolen. RIOT takes reports of stolen goods seriously and will cooperate with law enforcement in all investigations.
5. CONSIGNMENT PERIOD AND RETURN OF PROPERTY
The "Consignment Period" for an item of Property begins on the Effective Date and ends 180 days thereafter. Effective date is the date that the item is listed online. Seller understands and agrees that it may take anywhere between one (1) month to three (3) months or longer to upload the Items for sale online. RIOT reserves the right to determine the timing of introducing new items to the RIOT website based on seasonality and curation.
At any time during the Consignment Period, and subject to this provision, Seller may request RIOT return all or some of the Property, upon written notice to RIOT and so long as the item of Property has not already been sold (the "Return Request"). Upon such Return Request, RIOT will make its best efforts to remove the item of Property from the site before it is sold. RIOT reserves the right to pass on all costs of such returns to the Seller and in such case, all costs of return shall be deducted as available from Seller's pending Payouts; where such pending Payouts are not available, RIOT shall have no obligation to return such Property unless and until Seller has provided for the cost of return shipping at its sole expense. Additionally, Seller acknowledges and agrees if Seller requests the return of Property before the the end of 180 days “Final Period”, RIOT reserves the right to charge Seller a fee of 175 AED per item of Property, which fee reflects the up-front costs to RIOT of authenticating, cleaning, storing, cataloging and photographing the Property in preparation for sale.
If an item remains unsold after the “Final Period” then RIOT will offer the seller the option to donate items to charity or return the items with RIOT bearing the price of delivery back to seller. In the event that item is returned as undeliverable owing to seller failure to provide, register or update an appropriate delivery address, RIOT will attempt to contact seller by e-mail, phone or other media that seller registered. If such a contact attempt is unsuccessful, Item will be deemed abandoned 30 Day after Final Period. Abandoned Item will be given to charity or otherwise dealt with as RIOT see fit.
The Seller agrees to the following with regards to RETURN OF PROPERTY:
RIOT reserves the right of removal of all or some of the Products, with reasonable written notice to the seller. All costs of removing the Products will be borne by RIOT.
RIOT reserves the right to send Property back to Seller due to item arriving not as presented in the pictures this includes but is not limited to; authentication issues, brand issues, or condition issues. In this event, the seller bears the cost for the return shipping.
RIOT only accepts clean items in very good and excellent condition. Please note this means that if the seller sends items that have a stain, snag, pull, run, hole, etc in it, the item may be designated as a warehouse item or it may be donated to charity unless the seller would prefer to have items returned. The seller is responsible for return shipping charges and must notify RIOT customer service team via email at firstname.lastname@example.org of their desire to have the items returned to them.
6. EFFORTS TO SELL; PRICE
Subject to Seller's acceptance of the Agreement, RIOT will display Property on the Site and may also display and promote it via social media platforms such as Instagram and Facebook as well as third party websites. Seller acknowledges and agrees for item to be stored, advertised, and displayed as such. RIOT will make commercially reasonable efforts to sell the Property, as such Seller acknowledges and agrees that:
(a) RIOT in its sole discretion will determine the initial selling price for the Property (the "Initial Sale Price"), based on its evaluation of the Property together with its determination of the current market price for each specific item of Property;
(b) RIOT reserves the right to run promotions on the website and offer additional discounts and promotions during the Consignment Period, at its sole discretion and without notice to Seller as a means to efficiently market and sell the Property, unless RIOT and Seller have otherwise agreed in writing to a specific price at which an item must be sold or a price minimum at which an item will not be sold below. Revenues shall be calculated on the basis of revenues actually received by RIOT, and shall be net of such promotions and other discounts expenses in connection with any item.
(c) RIOT in its sole discretion will determine if the items need to be laundered, cleaned, polished, or retouched in any way to enhance the chances of a sale, the cost for this will be deducted from Seller’s payout and without prior notice to Seller. RIOT will only offer minor cleaning and does not offer stain removal or color restoration.
(d) In the event that the product(s) have not sold at the initial price RIOT has the right to reduce prices after 90 days (In addition to any site-wide sales or discounts that have taken place) by at least 10%. If the item is not sold 30 days after the said price deduction, it will be reduced by at least 10% further. If item is not sold after 60 days from the second price reduction, RIOT reserves the right to decrease the last agreed Price gradually by up to 40% during an additional 90 Day period (“Final Period”). Payout will reduce in proportion to the Price reduction effected at RIOT’s discretion.
(e) At any stage during Consignment Period, seller may request RIOT to reduce Price by at least 10% as to have item displayed additionally in the SALE section of Site. A Price reduction may be requested by seller more than once during Consignment Period provided that the Price reduces by at least 10% each time. Payout will reduce proportionately to Price reduction and applicable Fee level.
(f) Price minimums will be recorded and RIOT will advise the Seller if a price reduction below the Seller’s requested minimum is recommended.
(g) In the event of a "pop-up", RIOT, in its sole discretion, will determine the new commission structure and payout, based on additional costs such as, but not limited to, rent, advertising, and additional staff. (h) RIOT may at its discretion provide items to models, bloggers, influencers, or celebrities to wear in order to generate publicity and attract customers; such models, bloggers, influencers, and celebrities shall be bound by the Rental Policy. Any item worn by a model, a blogger, an influencer or a celebrity (as per RIOT’s assessment) is solely for the purpose of marketing the item and RIOT. The Participant acknowledges that no rental fees will be charged on the use of the item by a model, a blogger, an influencer or a celebrity for this purpose.
7. TITLE TO PROPERTY
Title to and ownership of the Property will remain with Seller until a Property Sale occurs. A "Property Sale" shall be deemed to have occurred where an item of Property is:
(a) Sold by RIOT and not returned to RIOT within the period specified in RIOT’s then-current Return Policy (see www.riothere.com/returns);
(b) Lost or stolen from RIOT’s stock on hand;
(c) Damaged or destroyed while in RIOT’s possession.
8. PAYMENT AND COMMISSIONS
Upon a Property Sale, the net selling price upon which all Commissions are based shall equal the price of the item of Property sold, less applicable discounts, excluding taxes and shipping (the "Net Selling Price") and less any cost incurred
Seller acknowledges and agrees it will receive the following payout (as defined below, the "Payout") based on the Net Selling Price of an item of Property:
Commission on Net Selling Price
First 8000 AED
Exceeding 8000 AED
Note: Costs and expenses incurred in the ordinary course of business (such as dry cleaning, delivery, transfer charges, maintenance and any other incidental expenses incurred by RIOT in connection with any sale of your Items ) will result in an admin cost of 90 AED to be deducted from seller payout where applicable.
In the case of costs and expenses incurred in an extraordinary manner (such as expenses resulting from a dispute with an End-user in relation to an Item), RIOT shall be entitled to exercise its reasonable discretion in assessing the amount of any Expenses in connection with the sale of any Item.
RIOT may at any time and in its sole discretion temporarily increase the Commission from time to time for promotional reasons without notice or make other changes to its Commission structure and the Commissions upon fourteen (14) days’ notice to you. The Payout shall be Seller's sole compensation under this Agreement.
RIOT agrees to pay proceeds from the sale of the consigned merchandise on the 15th of the month in which a credit withdrawal request from Seller’s account has been received and only after the “Returns and Refunds” period of three (3) business days has ended. Please note, if the request is received after the 15th of the current month, the seller would need to wait until the 15th of the upcoming month to receive payments.
If Seller has selected to donate to a registered charity on RIOT’s website, seller will be notified when charity is issued funds.
Payment method can be selected by Seller. It can be by cheque or a bank transfer (Actual charges for courier company and bank transfer apply – transfer charges shall be equally split between Seller and RIOT) or where Seller elects another payment method acceptable to RIOT.
The timing of processing and delivering Payout payments will vary by the payment method selected by Seller but payment processing will typically take at least two business days to complete and issue to Seller.
In the event of any dispute between the Parties, RIOT shall have no obligation to pay any Payout or other amount otherwise due to Seller, including without limitation amounts unrelated to the dispute, unless and until such dispute is resolved. RIOT shall be entitled to withhold any Payout (including any otherwise due for items of Property not then subject to the dispute) in full or partial satisfaction of any amounts due to RIOT.
Either Party may terminate this Agreement at any time, for any reason. Termination shall be effective when either Party serves written notice thereof on the other Party. Costs listed above under Section 5, Consignment Period and Return of Property, will apply.
10. NO ASSIGNMENT
Seller may not assign this Agreement or any interest herein without RIOT’s prior written consent and any prohibited assignment shall be void.
11. NO PROPERTY WARRANTIES
RIOT shall not make any representation or warranty either express or implied about any item of Property, except to the extent a warranty is required by law and cannot be disclaimed.
12. SELLER’S REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION
Seller hereby represents and warrants that it has good and marketable title to each item of Property and has the right to consign and sell the Property, none of which is subject to any liens or other encumbrances, and further represents and warrants that the Property does not infringe upon or violate any trademark, copyright, or other proprietary right of any third party, any state or federal law, or any administrative regulation. Seller hereby agrees to indemnify and hold RIOT harmless from all damages, suits, litigation, awards, and costs, including but not limited to attorneys' fees and costs, as a result of or arising out of in any way RIOT’s display or sale of the Property for any reason whatsoever, including but not limited to civil or criminal suits over authenticity, legality, ownership, infringement of copyright or trademark, or any other claim or litigation.
13. GOVERNING LAW
This Agreement shall be governed as to validity, interpretation, construction, effect, and in all other respects by the laws and decisions of the Creative City - Media Free Zone and the U.A.E.
14. AMENDMENTS TO THIS AGREEMENT
RIOT may update or change any of the terms and conditions of this Agreement at any time and in its sole discretion by notifying Seller at the email address or physical address Seller has provided in this Agreement. Seller hereby agrees that all agreements, notices, disclosures, and other communications that RIOT provides electronically satisfy any legal requirement that such communications be in writing. Seller shall be bound by all revised terms. If Seller does not agree to any revised terms of this Agreement, including any change to the Commissions, Seller’s sole recourse is to terminate this Agreement in accordance with Section 9 before the effective date of the revised terms. Notwithstanding the foregoing, any revised terms shall not apply retroactively to Sales made prior to the effective date of the revised terms.
15. ENTIRE AGREEMENT
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both Parties.
16. NO IMPLIED WAIVER
Either Party's failure to insist, in any one or more instances, on strict performance by the other Party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
In the event one or more of the provisions of this Agreement shall be declared or held to be invalid, illegal, or unenforceable in any respect in any jurisdiction, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby and any such declaration or holding shall not invalidate or render unenforceable such provision in any other jurisdiction.
18. SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Notwithstanding any other provision or general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a Party will survive the expiration or termination of this Agreement.
19. COUNTERPARTS/ELECTRONIC SIGNATURES
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. For purposes of this Agreement, use of a facsimile, e-mail, or other electronic medium shall have the same force and effect as an original signature.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
21. ACCEPTANCE OF TERMS
The Consignor signifies acceptance of all terms of business by clicking on the electronic box that states: I agree to the terms and conditions.
DELIVERY AND RETURN POLICY
Our priority is a fast and reliable delivery to your doorsteps. However, to ensure your entire satisfaction, orders are subject to verification and approval before shipping and may take up to 48-hour to process. As such, delivery is done within 2-3 business days depending on the items. Buyers have the option of; selecting a delivery time of 1 business day at an added cost depending on the items.
RIOT will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE”.
Multiple shipments/delivery may result in multiple postings to the cardholder’s monthly statement
We will send an email notification including tracking information when your package has shipped.
RIOT packages are insured directly by the shippers.
RIOT works with sellers and collectors across the world to maintain an accurate listing of their items online. In the rare event that RIOT is unable to deliver items due to a mismatch in live inventory listings with our partners, RIOT will cancel the order/s and make a full refund if the order has been paid for.
The placement of an order does not guarantee delivery of an item. Regulations may prohibit importation of items made with exotic materials to certain countries.
CUSTOMS AND DUTIES
Orders shipped outside of the United Arab Emirates may be subject to import taxes, customs duties and other fees levied by the destination country. All orders are delivered duties unpaid, and all import taxes, duties and customs fees, as well as compliance with the laws and regulations of the destination country, are the customer’s responsibility. Payment is usually collected at time of delivery.
RIOT will NOT deal or provide any services or products to any of OFAC sanctions countries in accordance with the law of UAE.
RIOT may provide the international shipper with the product details, including cost, as well as customer name and address or other contact details, so that the information can be provided to destination customs or postal authorities, to the extent required under the laws and regulations of the destination country.
RIOT is not liable for delay in orders, because of custom clearances at destination.
Multiple shipments may result in multiple postings to the cardholder’s monthly statement.
CASH ON DELIVERY
The cash on delivery service is available all over the UAE.
For the following countries the cash on delivery service is available only for purchases less than 3500 AED.
There is an additional charge of 30 AED for the cash on delivery service.
Cash on Delivery orders are an obligation for buyer to pay the amount on delivery. Refusal to accept shipment will lead to legal implications including a ban on any further orders.
BANK TRANSFER PAYMENTS:
We accept payments through bank transfer for some countries. Please contact our team to learn more. Bank transfer must be received by us for full amount of order, and charges (payment and refund) are responsibility of buyers.
CREDIT CARD PAYMENTS:
We accept payments online using Visa and MasterCard credit/debit card in AED & USD. The cards are charged on site via our secure payment partners Payfort for the amount of the order value. Credit card companies may have additional charges based on the currency of your card.
All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
We accept payments through PAYPAL
To return apparel (except swimwear), shoes, handbags, belts, jewelry, or accessories the customer must visit “What I’ve Bought” in Buyer’s Dashboard and click on Refund where applicable. A customer can only request a refund within three 3working days of the shipment arrival date. Our couriers will pick up the item within 2-3 business days. The customer is responsible for the cost of return shipping.
Once we receive your return in our warehouse, please allow 7-10 business days to process your return and for the refund to take effect. Refunds will be done only through the Original Mode of Payment. (Cash on delivery orders are refunded through cheque or bank transfer). We’ll notify you by email once we have received and processed your return.
Refund amount includes 100% the value of the item, but does not include the shipping fee or any custom duties paid for importation, nor any additional charges charged by your credit card provider.
FINAL SALE ITEMS
No return on Hermes Birkin and Kelly bags.
No return on apparel, shoes, belts, jewelry, handbags, accessories, or any
other item sold on SALE.
All items that fall outside of our return policy are available for re-consignment. Click here to learn more about selling your items with RIOT.
RETURNING YOUR ITEM THROUGH OUR COURIER:
Package the return items securely, preferably using the original shipping box. Be sure to include all original packaging and enclosed materials including invoice, authenticity cards, and dust bags.