Terms Conditions of Sale for Saks Fifth Avenue

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR GOODS FROM THIS WEBSITE, YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

About Localised

Localised Inc. (dba ‘Localised ecommerce’) is a Delaware corporation with its principal place of business at 1460 Broadway, New York, NY 10036, USA ("Localised").

This site is operated by Localised in Kuwait as authorised by Saks Fifth Avenue.

Terms of Sale

  1. ABOUT THIS SITE. This website or application is operated out of United States by Localised Inc. with principal place of business at 1460 Broadway, New York, NY 10036, USA ("Localised"). Localised builds and operates country-specific ecommerce websites and applications ("Localised Sites") for coveted brands in foreign markets, like this one, for Saks Fifth Avenue Kuwait (the "Brand"). To learn more about us, or to contact us, please visit us at www.localised.com.

  2. THESE TERMS OF SALE. Localised is an authorized reseller of the merchandise sold on this Localised Site. By placing an order on this Localised Site, you are agreeing to be bound by these terms of sale ("Terms of Sale") and you acknowledge that any resulting sales contract will be between you and Localised, not between you and the Brand. We reserve the right to make changes to these Terms of Sale at any time. Every time you visit this Localised Site, please check these Terms of Sale to ensure you understand the Terms of Sale that apply at that time. These Terms of Sale were last updated on May 28, 2020.

  3. MERCHANDISE PRICES. Localised sets merchandise prices and calculates order totals in its sole and absolute discretion; such prices are presented to you on the Localised Site at the time of you placing your order. Merchandise prices may include applicable VAT or sales tax for your country, and may also include Localised's estimate of import duty, customs clearance fees and other costs likely to be incurred in connection with importing such merchandise (collectively "Import Fees"), in the case of Localised needing to facilitate the import of the products you are purchasing into your country. Order totals may additionally include any applicable amount for the shipping and handling of your merchandise. Order totals are guaranteed, meaning the aggregate amount billed to you by Localised for the full satisfaction of your order will not exceed the order total amount presented on the Localised Site when you placed your order, unless expressly consented to by you. Notwithstanding the foregoing, all merchandise prices and order totals presented on the Localised Site are exclusive of any surcharges that may be assessed by the issuer of the payment method you choose to use, over which Localised has no control.

  4. PRICING ERRORS. When setting merchandise prices, Localised takes care to price products accurately. Although unlikely, it is possible that a pricing error may occur. Localised reserves the right, at any time, in its sole discretion, to reject any orders placed for product(s) that were priced incorrectly on this website or application. If this occurs, Localised will notify you promptly.

  5. ORDER ACCEPTANCE. Any order placed by you on the Localised Site constitutes an offer by you to purchase the merchandise and/or services that are the subject of such order from Localised. If Localised accepts your order, you will receive an order confirmation email from Localised and you will have entered into a binding contract with Localised which includes an obligation to pay for those products so ordered. However, Localised is not obliged to accept your order and may decline your order for any reason. If Localised decides to decline your order, you will receive an email from Localised.

  6. TITLE TO MERCHANDISE. Title to the merchandise you purchase will transfer from Localised to you in United States, at the time parcels containing some or all of the merchandise you ordered are tendered to the relevant carrier and in that carrier's custody or care to be delivered to you.

  7. RETURNS. We accept the return of merchandise purchased from Localised on this Localised Site for credit, refund, exchange or replacement, subject always to the conditions and instructions detailed in the Returns policy listed on this Localised Site. This Returns policy applies only to orders placed on this Localised Site, and not to orders you may have placed directly with the Brand or any other franchisee or reseller of the Brand's merchandise on any other website.

  8. SHIPPING BROKERS. If you place an order that requires Localised to facilitate an import of one or more products to satisfy your order and procure delivery of such products to you, you hereby authorize a licensed customs broker chosen by Localised (in the case that Localised determines that such is necessary) to act as your agent and transact business with foreign revenue authorities to clear your merchandise, account for duties and taxes on your behalf, return your merchandise, and if applicable, prepare and submit refund claims on your behalf for any merchandise that you return.

  9. DUTIES TAXES. If you place an order that requires Localised to facilitate an import of one or more products to satisfy your order and procure delivery of such products to you, Localised may give you the option to not have merchandise prices and order totals be inclusive of Localised's estimate of Import Fees. If Localised provides this option for your country and you select to make your purchase exclusive of Localised's estimate of such Import Fees, you agree and acknowledge that the actual Import Fees may be more or less than Localised's estimate, and that you shall be solely responsible for paying any and all actual Import Fees levied by the shipper or customs broker in your country and Localised shall have no liability or other obligation in relation to the same.

  10. YOUR COMPLIANCE WITH LOCAL LAWS AS IMPORTER OF RECORD. If you place an order that requires Localised to facilitate an import of one or more products to satisfy your order and procure delivery of such products to you, you agree that you shall be the importer of record for any products you purchase, and you have the sole responsibility for ensuring that your use and import of such products complies with any and all applicable laws and regulations.

  11. COMPLIANCE WITH EXPORT LAWS. If you place an order that requires Localised to facilitate an export of one or more products to satisfy your order and procure delivery of such products to you, you agree that any purchases you make from the Localised Site are strictly for non-commercial use, and that Localised prohibits the purchase of any merchandise via the Localised Site for resale or other commercial purpose. Further, you irrevocably and unconditionally warrant, represent and certify to Localised that the items you are purchasing via the Localised Site will not be re-exported, sold, or transferred in violation of any applicable laws (together, "Export Laws"), including the U.S. Export Administration Regulations or applicable U.S. sanctions and embargoes administered by the U.S. Department of the Treasury, for exports from the U.S.. Any attempt to have commodities, technology and/or software exported from not in accordance with Export Laws and any other applicable law is strictly prohibited.

  12. LIMITATION OF LIABILITY. All marketing, content and product-related imagery, descriptions and specifications are provided without any warranty or guarantee with respect to the accuracy, completeness or reliability of any such information or image. EXCEPT AS EXPRESSLY SET OUT OTHERWISE IN THESE TERMS OF SALE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOCALISED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO FITNESS, QUALITY, OR SAFETY OF MERCHANDISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOCALISED SHALL NOT BE RESPONSIBLE FOR SPECULATIVE DAMAGES OF ANY KIND. LOCALISED'S TOTAL LIABILITY FOR ANYTHING RELATED TO YOUR USE OF THIS LOCALISED SITE, OR GOODS PURCHASED UNDER OR RELATED TO THESE TERMS OF SALE, SHALL BE THE TOTAL AMOUNT THAT YOU HAVE PAID TO LOCALISED FOR THE RELEVANT GOODS AND/OR SERVICES THAT GAVE RISE TO THE CLAIM. NOTHING IN THESE TERMS OF SALE SHALL APPLY OR BE DEEMED TO APPLY TO LIMIT OR EXCLUDE LIABILITY FOR ANY MATTER TO THE EXTENT THAT THE SAME CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW. NOTHING IN THIS SECTION AFFECTS YOUR STATUTORY RIGHTS.

  13. ENTIRE AGREEMENT. To the extent permissible under applicable laws: (i) these Terms of Sale represent the entire agreement between you and Localised and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between you and Localised, whether written or oral, relating to its subject matter; (ii) you agree that you will have no remedy from Localised in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms of Sale; and (iii) you further agree that you shall have no such claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms of Sale.

  14. SEVERABILITY. If any existing or modified condition in these Terms of Sale is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition(s).

  15. CLAIMS AND DISPUTES. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS OF SALE MAY NOT BE LITIGATED ON A CLASS BASIS AND SHALL ONLY BE LITIGATED ON AN INDIVIDUAL BASIS. FOR THE SAKE OF CLARITY, CLAIMS OF MORE THAN ONE PERSON OR ENTITY CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER PEOPLE OR ENTITIES.

  16. GOVERNING LAW AND JURISDICTION. If you make a purchase on this Localised Site, you are making a purchase in United States. Notwithstanding the foregoing, any dispute relating to these Terms of Sale shall be governed by and interpreted in accordance with the laws of the State of New York in the United States (regardless of its conflict of law rules), where Localised Inc. has its principal place of business. Notwithstanding the foregoing, nothing in these Terms of Sale shall affect your mandatory rights under applicable laws.

CONTACTING LOCALISED. You can contact Localised at any time by email at cs@localised.com

Terms Conditions of Sale for Saks Fifth Avenue

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR GOODS FROM THIS WEBSITE, YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

About Localised

Localised Inc. (dba ‘Localised ecommerce’) is a Delaware corporation with its principal place of business at 1460 Broadway, New York, NY 10036, USA ("Localised").

This site is operated by Localised in Kuwait as authorised by Saks Fifth Avenue.

Terms of Sale

  1. ABOUT THIS SITE. This website or application is operated out of United States by Localised Inc. with principal place of business at 1460 Broadway, New York, NY 10036, USA ("Localised"). Localised builds and operates country-specific ecommerce websites and applications ("Localised Sites") for coveted brands in foreign markets, like this one, for Saks Fifth Avenue Kuwait (the "Brand"). To learn more about us, or to contact us, please visit us at www.localised.com.

  2. THESE TERMS OF SALE. Localised is an authorized reseller of the merchandise sold on this Localised Site. By placing an order on this Localised Site, you are agreeing to be bound by these terms of sale ("Terms of Sale") and you acknowledge that any resulting sales contract will be between you and Localised, not between you and the Brand. We reserve the right to make changes to these Terms of Sale at any time. Every time you visit this Localised Site, please check these Terms of Sale to ensure you understand the Terms of Sale that apply at that time. These Terms of Sale were last updated on May 28, 2020.

  3. MERCHANDISE PRICES. Localised sets merchandise prices and calculates order totals in its sole and absolute discretion; such prices are presented to you on the Localised Site at the time of you placing your order. Merchandise prices may include applicable VAT or sales tax for your country, and may also include Localised's estimate of import duty, customs clearance fees and other costs likely to be incurred in connection with importing such merchandise (collectively "Import Fees"), in the case of Localised needing to facilitate the import of the products you are purchasing into your country. Order totals may additionally include any applicable amount for the shipping and handling of your merchandise. Order totals are guaranteed, meaning the aggregate amount billed to you by Localised for the full satisfaction of your order will not exceed the order total amount presented on the Localised Site when you placed your order, unless expressly consented to by you. Notwithstanding the foregoing, all merchandise prices and order totals presented on the Localised Site are exclusive of any surcharges that may be assessed by the issuer of the payment method you choose to use, over which Localised has no control.

  4. PRICING ERRORS. When setting merchandise prices, Localised takes care to price products accurately. Although unlikely, it is possible that a pricing error may occur. Localised reserves the right, at any time, in its sole discretion, to reject any orders placed for product(s) that were priced incorrectly on this website or application. If this occurs, Localised will notify you promptly.

  5. ORDER ACCEPTANCE. Any order placed by you on the Localised Site constitutes an offer by you to purchase the merchandise and/or services that are the subject of such order from Localised. If Localised accepts your order, you will receive an order confirmation email from Localised and you will have entered into a binding contract with Localised which includes an obligation to pay for those products so ordered. However, Localised is not obliged to accept your order and may decline your order for any reason. If Localised decides to decline your order, you will receive an email from Localised.

  6. TITLE TO MERCHANDISE. Title to the merchandise you purchase will transfer from Localised to you in United States, at the time parcels containing some or all of the merchandise you ordered are tendered to the relevant carrier and in that carrier's custody or care to be delivered to you.

  7. RETURNS. We accept the return of merchandise purchased from Localised on this Localised Site for credit, refund, exchange or replacement, subject always to the conditions and instructions detailed in the Returns policy listed on this Localised Site. This Returns policy applies only to orders placed on this Localised Site, and not to orders you may have placed directly with the Brand or any other franchisee or reseller of the Brand's merchandise on any other website.

  8. SHIPPING BROKERS. If you place an order that requires Localised to facilitate an import of one or more products to satisfy your order and procure delivery of such products to you, you hereby authorize a licensed customs broker chosen by Localised (in the case that Localised determines that such is necessary) to act as your agent and transact business with foreign revenue authorities to clear your merchandise, account for duties and taxes on your behalf, return your merchandise, and if applicable, prepare and submit refund claims on your behalf for any merchandise that you return.

  9. DUTIES TAXES. If you place an order that requires Localised to facilitate an import of one or more products to satisfy your order and procure delivery of such products to you, Localised may give you the option to not have merchandise prices and order totals be inclusive of Localised's estimate of Import Fees. If Localised provides this option for your country and you select to make your purchase exclusive of Localised's estimate of such Import Fees, you agree and acknowledge that the actual Import Fees may be more or less than Localised's estimate, and that you shall be solely responsible for paying any and all actual Import Fees levied by the shipper or customs broker in your country and Localised shall have no liability or other obligation in relation to the same.

  10. YOUR COMPLIANCE WITH LOCAL LAWS AS IMPORTER OF RECORD. If you place an order that requires Localised to facilitate an import of one or more products to satisfy your order and procure delivery of such products to you, you agree that you shall be the importer of record for any products you purchase, and you have the sole responsibility for ensuring that your use and import of such products complies with any and all applicable laws and regulations.

  11. COMPLIANCE WITH EXPORT LAWS. If you place an order that requires Localised to facilitate an export of one or more products to satisfy your order and procure delivery of such products to you, you agree that any purchases you make from the Localised Site are strictly for non-commercial use, and that Localised prohibits the purchase of any merchandise via the Localised Site for resale or other commercial purpose. Further, you irrevocably and unconditionally warrant, represent and certify to Localised that the items you are purchasing via the Localised Site will not be re-exported, sold, or transferred in violation of any applicable laws (together, "Export Laws"), including the U.S. Export Administration Regulations or applicable U.S. sanctions and embargoes administered by the U.S. Department of the Treasury, for exports from the U.S.. Any attempt to have commodities, technology and/or software exported from not in accordance with Export Laws and any other applicable law is strictly prohibited.

  12. LIMITATION OF LIABILITY. All marketing, content and product-related imagery, descriptions and specifications are provided without any warranty or guarantee with respect to the accuracy, completeness or reliability of any such information or image. EXCEPT AS EXPRESSLY SET OUT OTHERWISE IN THESE TERMS OF SALE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOCALISED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO FITNESS, QUALITY, OR SAFETY OF MERCHANDISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOCALISED SHALL NOT BE RESPONSIBLE FOR SPECULATIVE DAMAGES OF ANY KIND. LOCALISED'S TOTAL LIABILITY FOR ANYTHING RELATED TO YOUR USE OF THIS LOCALISED SITE, OR GOODS PURCHASED UNDER OR RELATED TO THESE TERMS OF SALE, SHALL BE THE TOTAL AMOUNT THAT YOU HAVE PAID TO LOCALISED FOR THE RELEVANT GOODS AND/OR SERVICES THAT GAVE RISE TO THE CLAIM. NOTHING IN THESE TERMS OF SALE SHALL APPLY OR BE DEEMED TO APPLY TO LIMIT OR EXCLUDE LIABILITY FOR ANY MATTER TO THE EXTENT THAT THE SAME CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW. NOTHING IN THIS SECTION AFFECTS YOUR STATUTORY RIGHTS.

  13. ENTIRE AGREEMENT. To the extent permissible under applicable laws: (i) these Terms of Sale represent the entire agreement between you and Localised and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between you and Localised, whether written or oral, relating to its subject matter; (ii) you agree that you will have no remedy from Localised in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms of Sale; and (iii) you further agree that you shall have no such claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms of Sale.

  14. SEVERABILITY. If any existing or modified condition in these Terms of Sale is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition(s).

  15. CLAIMS AND DISPUTES. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS OF SALE MAY NOT BE LITIGATED ON A CLASS BASIS AND SHALL ONLY BE LITIGATED ON AN INDIVIDUAL BASIS. FOR THE SAKE OF CLARITY, CLAIMS OF MORE THAN ONE PERSON OR ENTITY CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER PEOPLE OR ENTITIES.

  16. GOVERNING LAW AND JURISDICTION. If you make a purchase on this Localised Site, you are making a purchase in United States. Notwithstanding the foregoing, any dispute relating to these Terms of Sale shall be governed by and interpreted in accordance with the laws of the State of New York in the United States (regardless of its conflict of law rules), where Localised Inc. has its principal place of business. Notwithstanding the foregoing, nothing in these Terms of Sale shall affect your mandatory rights under applicable laws.

CONTACTING LOCALISED. You can contact Localised at any time by email at cs@localised.com