Terms and Conditions

These terms and conditions (“Terms”) govern and apply to anyone accessing or using the website located at www.thematernityproject.com (the “Website”) and any other website(s) owned and/or operated by The Maternity Project Ladies' Garments Trading Co. L.L.C (“Maternity Project”, “we”, “us” or “our”) (including any of its subsidiaries or corporate affiliates, collectively, and any of their associated web pages) (collectively, our “Services”).

Please take some time to review these Terms, our Cookies Policy and our Privacy Policy (hereinafter jointly referred to as the “Policies”), including any additional terms, conditions and policies referenced herein and/or available by hyperlink before using the Website. By accessing or using the Services, including purchasing any products through the Services, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms and Policies; (2) that you have the right, authority, and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Services; and (4) 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 another applicable jurisdiction. Certain services may be subject to additional terms, guidelines or rules, which will be available in conjunction with those relevant services, and those additional terms will become part of these Terms when you use those services.

Our Website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Modifications

Any new features or tools which are added to the Website shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Policies

 

We provide this Website to you subject to these Terms as well as:

 

·         Our Privacy Policy, which is available at Privacy Policy. You acknowledge that all information you provide through the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website and account registration, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.

 

·         Our Cookies Policy, which is available at Cookies Policy. Our Cookies Policy governs our use of cookies and similar technologies on the Website. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.

 

 

 Registration

 

You may register as a customer of the Website and as part of the registration process you will need to select a password which is in accordance with our password policy. You are solely responsible for the security of your password and account. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password. We would be storing your information to be able to make your experience with our brand better.

 

Your order

By placing an order for products through the Website, you are confirming that you intend to enter into a contract (“Contract”) with us for the purchase of those products. You place the order for your products on the Website by clicking the ‘Confirm Order’ button at the end of the checkout process. During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed (which includes providing us with a valid phone number and email address). We will then send you an email confirming receipt, the details of your order and the delivery costs which will be added to the purchase price (if applicable).

Please note that neither completion of the online checkout process nor our confirmatory email constitutes our acceptance of your order. Our acceptance of your order will take place only upon receipt of full payment from you.  Full payment is due upon order placement and you will be charged when you press the ‘Make Payment’ button at the end of the checkout process. You can review the orders you have placed and their current status at any time by visiting the Website and clicking on “Log In” at the top of the page followed by selecting “Track Your Order”.    

If we cannot supply you with the products you ordered for whatever reason, we will not process your order and will inform you of this. If you have already paid for the products we will provide you with a full refund as soon as reasonably possible.

Price and Payment

Product prices shown on the Website may change from time to time. Such prices do not include shipping and handling costs and do not include sales taxes where applicable. You are responsible for any state and local sales or use taxes that may apply to your order, which will be added to your total invoice price during the checkout process.

Method of Payment must include all the details related to payment such as Payment method, Card Types accepted, Currency etc.

We accept payments online using Visa and MasterCard credit/debit card in AED (or any other agreed currency).

If you choose to pay using a payment card with a currency denominated account that is different from the currency of your order, additional charges and foreign exchange differences may apply. These charges and exchange rates applied are beyond our control.

Local import duties and additional charge may be payable by you on receipt depending on the location of delivery. You are responsible for any import duties and clearance fees (where applicable) in your country and to check the duties and clearance fees with your local authorities.

By purchasing from the Website, you agree to abide by Shopify's payment terms and conditions. For detailed information on payment processing, including accepted payment methods, billing, and security, please refer to Shopify's Terms and Conditions.

By placing your order and making an offer to buy a product, you authorize us and Shopify to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports e.g., in order to authenticate your identity.

You represent and warrant that (i) the credit card information you supply is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the website at the time of your order.

Delivery

We can only process orders for delivery within countries in which we are permitted to sell the products.  

The charges for shipping and handling will depend on the value of your order, the country to which the merchandise is being shipped, and your requested delivery date. The delivery of products is carried out by our third-party delivery partners.

We will try our best to either deliver the products to your address by the estimated delivery date set out in our order confirmation email. If we are unable to meet our estimated delivery date, we will contact you as soon as we can with a revised estimated date.  We will inform you when the order has been delivered to your address, as the case may be.

If you have selected delivery to your address and no one is available at the specified address at the time of delivery, our delivery partner will contact you to arrange re-delivery. The products will only be left with a third party (such as building caretaker or a maid) with your express authority. 

All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the address specified in your order and we will NOT be liable for a refund or a replacement of the products in the event the address you specified is incorrect. Occasionally, the supply of your products may be delayed or prevented for reasons beyond our control (e.g. material shortages, import delays or higher than anticipated demand). Where this is the case, we will make every effort to keep you informed but shall be under no liability to you for such delay or failure.

Cancellation

You may, at any time prior to your order being marked as "Processed" on our online order tracking system, contact us or use the Website to cancel or change the order. If you do so, we will at your request either: (i) cancel the order free of charge and issue you with a full refund, or (ii) we may agree to make certain changes to the Order, subject to stock availability and any applicable price adjustments. If the order has already been processed by us, you will be unable to cancel the order or make changes to the order. You can return the items in accordance with our returns process after you receive the order for a refund, and alternatively place a new order with the items you wish to purchase.

Exchange

Items can be exchanged by arranging collection from your delivery address and the following conditions apply:

• You can exchange an item for a different size only if it's the same product.
• The exchange order is only created after the return is approved.
• If there are technical issues during order creation after the return, the customer will get store credits regardless of the original payment method.
• On placing an exchange request the same can be cancelled at any point.
• You can exchange an item multiple time.
• Exchanges are only for eligible items with the same price, located in the same warehouse, and must be returnable.
• Orders placed using coupon codes will not be eligible for exchange.

Makeup and underwear items are eligible for exchange only and cannot be refunded. The items must be unused and in their original, unopened packaging. Exchanges can be made within 14 days of the purchase date, provided the original receipt or proof of purchase is presented.

Return

We offer a fourteen (14) day discretionary return policy, under which you can request to return a product that you have purchased online and receive a refund of the purchase price of the product. This policy does not apply to defective or damaged products. 

Any return made under this policy must be received by us within fourteen (14) days of the date upon which you received your order.

This Returns policy is offered to make your online shopping experience easier. However, we monitor the number of returns made by customers and may refuse to accept requests for future orders at our discretion if goods are returned repeatedly.

This Returns policy does not apply if the product:

• is an e-gift card or the top up of an e-gift card;
• is not in its original unopened packaging with all labels still attached;
• is not in its original state and has items missing, such as belts or other included accessories;
• has already been used;
• was a clearance item marked as non-returnable;
• was sold as part of a promotion such as a two-for-one or with a free product;
• is one of the following:
• underwear;
• health & beauty products (such as skincare, make-up & cosmetics);
• personalized products made to your order; or
• a perishable product.

Please note the below options, where applicable, to return the product for a refund:

Request a return online: Where available, online return can be found under “My Account”. Select the products you want to return and place a return request to arrange for pick-up.

For any of the return options above, when you send the product you must:

1. ensure that the product is in its original unopened packaging with all tags and labels attached;
2. ensure that any accessories sold with the product, such as belts, are included;
3. if the product was sold alongside a free gift, you must also return the free gift along with the returned product, and the free gift must also not have been used or fall into one of the categories or products that cannot be returned, as listed above;
4. include the original invoice.

You must ensure that the returned product reaches us within fourteen days of the date upon which you received your order. Any returned product that arrives at our returns facilities after this date may not be processed. Please note that any product that does not include the original invoice may not be processed. Furthermore, if you fail to include your invoice it may not be possible for our returns facility to link the received product to your account. It is therefore important to ensure that the original invoice is included to ensure that we can process your refund. We shall not be liable for any inability to process a refund where the required invoice was not enclosed. 

All items which are returned will be assessed and validated before they are accepted for a refund. If you return a product otherwise not eligible for a refund under this Return policy, your claim for a refund will be rejected. 

Where your request for refund is approved, such refund will be made back to your original method of payment. For example, if you paid by credit card, a refund will be made to your credit card. If you paid by gift card, a credit will be added to the balance of your gift card. Please note that the refund processing time may differ depending on the method of payment used.

For more detailed guidelines and procedures, please refer to our comprehensive Refund and Cancellation Policy.

Returns of defective products

If you think that at the moment of delivery the product is not as stipulated on the Website, you must contact us immediately on our contact form, providing the product details and the damage sustained; you can also send an email to care@thematernityproject.com. You must return the product to the courier that we send to your home. We will carefully examine the returned product and will notify you by email within a reasonable period if the product may be exchanged or whether you have a right for a refund (as appropriate). The refunding or replacement of the product shall take place as soon as possible after the date on which we send you an email confirming that the refund or replacement of the product is going ahead. If a defect or damage is confirmed on the returned products, we will give you a complete refund including the charges you have accrued of delivery and return. The refund will always be paid using the same payment means you used to pay for your purchase. All rights recognised in current legislation shall be, in any case, safeguarded.

Third Party Links

Certain content, products and services available via our Services may include materials from third parties. Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

                                                      
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

Intellectual property

All copyright, trademarks and other intellectual property rights in all material, content or software supplied as part of our Website, including emails or any other form of communication with you is protected by international copyright and database right laws and shall remain at all times vested in us or, where relevant, our franchisors/licensors.

You are permitted to use this material only as expressly authorized by us or our franchisors/licensors. You may not extract and/or utilize the whole or any part the Website without our express written consent.

The brand names and logos indicated on the Website and all related emails are owned either by us or by our franchisors/licensors in the territories in which we operate.

We may provide the functionality to allow you to provide product ratings and reviews (“User Content”) in relation to the products. If so, you are solely responsible for such User Content, and you warrant that any User Content you post is accurate and that you are the sole author. We do not necessarily review User Content prior to it being posting and it may not reflect our views or opinions. You hereby assign to us all intellectual property rights in any User Content you post on the Website. We make no warranty as to the accuracy or reliability of such User Content. We reserve the right to remove User Content which in our sole opinion is deemed to be incorrect, offensive, illegal or otherwise unacceptable. User Content which provides negative reviews of products will generally be deemed acceptable when objective, not otherwise in breach of these Terms and posted by a verified customer.

Communication

By making a purchase on the Website or otherwise creating an account on the website, you understand that we may send you communications or data regarding our products and services.  You agree to receive such communications from us.  Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s).

Subscription to Newsletters

You may subscribe to Maternity Project newsletter by selecting the subscription option provided on the Website. By subscribing to our newsletter you agree to receive email from us. The aim of our newsletter service is to keep our customers and visitors updated about new product releases or new information about our products. The subscription to our newsletter service is not mandatory.

We reserve the sole right to either modify or discontinue the newsletter, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms.

We reserve the sole right to unsubscribe users / visitors from or newsletter service, without notice. We will do so with any subscriber we deem registered with fake data.

Prohibited Uses

The Website may be used only for lawful purposes and is available only for your personal, non-commercial use, which shall be limited to viewing the Website, purchasing products, providing information to the Website and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Website. Madewell specifically prohibits any use of the Website, and requires all users to agree not to use the Website, for any of the following:

• Posting any information which is incomplete, false, inaccurate or not your own
• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violating any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol
• Communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party, unless you are the copyright owner or have the permission of the owner to post it
• Communicating, transmitting or posting material that reveals trade secrets, unless you own them or have the permission of the owner
• Communicating, transmitting or posting material that infringes on any other intellectual property, privacy or publicity right of another
• Communicating, transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws
• Attempting to interfere in any way with the Website’s or Maternity Project’s networks or network security, or attempting to use the Website’s service to gain unauthorized access to any other computer system
• Communicating, transmitting or posting material that is in violation of applicable laws or regulations
• Using the Website to harass, disrupt or unlawfully interfere with Maternity Project’s business interests

Limitation of liability

While we will use reasonable endeavors to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy or in relation to any transaction that may be conducted on or through the Website, in our stores or with customer services (including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade).

Although the Website follows high levels of Information Security Standards, we make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms for:

• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses

suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms.

Nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Events beyond our control

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control ("Force Majeure"). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

i.                    Strike, lockout or other forms of protest.

ii.                  Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.

iii.                Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.

iv.                 Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private. v. Inability to use public or private telecommunication systems.

v.                   Acts, decrees, legislation, regulations or restrictions of any government or public authority.

vi.                 Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.

Waiving rights

The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or of these Terms or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Terms shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations. The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions. The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalized and notified to you in accordance with the provisions of the Communication section above.

Transfer of rights and obligations

You may not assign the Terms or any of your rights or obligations under the Terms without Maternity Project’s express written consent. The Terms inure to the benefit of Maternity Project’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Severability

Should any of these Terms or any provision of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.

Entire contract

These Terms and any document referenced in the same constitute the entire contract between Maternity Project and you as regards the purpose of the same, replacing any previous pact, agreement or promise made between the parties verbally or in writing. The parties acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other party or that could have been inferred from any statement or document in the negotiations entered into by the two parties prior to said Contract, except those expressly mentioned in these Terms. Neither Party shall take any action regarding any untrue statement made by the other party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently). The only action that may be taken by the other party shall be due to breach of contract in accordance with the provisions of these Terms.

Applicable legislation and jurisdiction

The use of the Website and the product purchase contracts through said Website shall be governed by the laws of the Emirate of Dubai and the Federal laws of the UAE applicable thereto. Any controversy that arises or is related to the use of the website or said contracts shall be subject to the exclusive jurisdiction of the Dubai courts.

If you are entering into the contract as a consumer, nothing in this Clause shall affect the statutory rights you have, as recognized in any applicable legislation in this area.

 

The Kind Closet - At Home Styling Service

Service Area

• The "Kind Closet at Home Styling Service" is currently available only within Dubai city. 
  

Booking & Payment

• Sessions must be scheduled within 4 days of your initial call (excluding Sundays and public holidays).
• As this is a tailored experience, full payment must be made in advance through the secure link we provide in order to confirm your booking.
• The service fees are as follows:
          - Online Styling Call: AED 300
          - In-Person Styling Session: AED 1,700
  

Cancellations & Refunds

• A 24-hour cancellation policy applies to the online call.
• A 48-hour cancellation policy applies to the in-person styling session, as this experience is custom-tailored for you.
• If you cancel within the allowed timeframe, you are eligible for a refund only for the session being canceled. Completed sessions are non-refundable.
  Example: If you complete the online styling call, you will not be refunded for that service.
• If you later cancel your in-person session within the allowed timeframe, the refund will apply only to the in-person session fee.
• Refunds (when applicable) will be processed within 7–14 working days.
• Cancellations made after these timeframes are non-refundable.

Rescheduling

• You may reschedule your online call once at no extra charge, provided you notify us at least 24 hours in advance.
• Rescheduling requests made within 24 hours will be treated as cancellations (non-refundable).

Customer Location Details

• Please ensure you share accurate address information when booking.
• If the stylist cannot reach you due to incorrect or inaccessible location details, the cancellation policy will apply (no refund).

Purchases, Returns & Exchanges

• Items purchased during styling sessions are considered final sale.
• A discount of twenty percent (20%) shall be applied to the purchase of any TMP items, provided that such items are not already subject to a discount.
• We are unable to accept returns or exchanges on these purchases.