Terms & Conditions

OVERVIEW

This website & application is operated by DASHN. Throughout the site, the terms “we”, “us” and “our” refer to DASHN. DASHN offers this website & application, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website & application. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website & application or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

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

Section 1 – Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least of legal age in your country or province of residence, or that you are of legal age in your country or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 – General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services and content, use of the Service, or access to the Service or any contact on the website & application through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 – Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site and application is not accurate, complete or current. The material on this site and application is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site and application is at your own risk.

This site and application may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site and application at any time, but we have no obligation to update any information on our site and application. You agree that it is your responsibility to monitor changes to our site and application.

Section 4 – Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 5 – Products or Services

Certain products or services may be available exclusively online through the website and application. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display the colors and images of our products as accurately as possible on our platform. We cannot guarantee that your computer or phones monitor’s display depicts accurate colors and the products received may vary from what appears on the screen. We reserve the right, but are not obligated to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 – Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns & Exchange Policy.

Measurements

DASHN uses a proprietary measurement technology in order to calculate the thobe measurements. After you submit photographs for measurement, we process them to calculate measurements and other information useful for using our Services. Once processed, the original photographs are automatically deleted from our servers.

It is the responsibility of the customer to take the photos in tight fitting clothing as prompted by the application to ensure that the measurements are accurate if using the DASHN Sizing Technology. In such a case that the garment does not fit and measurements were taken using the DASHN sizing technology, the thobe will be subject to the returns policy as stipulated in the terms and conditions.

In case the customer has opted to use Manual Measurements of an existing garment, DASHN shall not be liable for thobe fit and the thobe will not be covered by the Returns Policy.

All items produced by DASHN based will be subject to a 0,5” tolerance.

Orders

DASHN reserves the right to accept, refuse, cancel or hold any order you place with us. Once we’ve received your order, you’ll receive a confirmation email that indicates that the payment has been received along with an order number and contains information about the details of your order. Production of the thobe will not commence until a measurement profile is associated with an order.

By submitting an order, the customer accepts full responsibility for having checked that all the styling options of the chosen product/s and the size are correct. Every submitted order shall be considered final once a measurement profile has been selected to that specific order.

As our products are custom-made, we cannot accept any changes once an order has been moved to production. In exceptional cases and at the sole discretion of the company, a change may be applied to a submitted order if requested within a 24 hour period of its placement.

N.B.: First-time customers placing an order will be limited to a single item. To mitigate the risks on fit DASHN restricts 1st time orders to 1 item in order to ensure that the ordered fit is as per the customer requirements. Upon delivery and completion of the delivery survey the system will lift the restriction on the customer profile and as many items as required can be ordered.

Section 7 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site & application is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website & application (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 8 – Third – Party Links

Certain content, products and services available via our Service may include materials from thirdparties.

Third-party links on this site may direct you to third-party website and application s 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 website and application s, 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 website & application(s). 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.

Section 9 – User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website & application. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10 – Personal Information

Your submission of personal information through the platform is governed by our Privacy Policy.

Section 11 – Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or application in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website & application is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website & application , including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website & application, should be taken to indicate that all information in the Service or on any related website & application has been modified or updated.

Section 12 – Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website & application , other website & application s, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website & application , other website & application s, or the Internet. We reserve the right to terminate your use of the Service or any related website & application for violating any of the prohibited uses.

Section 13 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and noninfringement.

In no case shall DASHN, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 – Indemnification

You agree to indemnify, defend and hold harmless DASHN and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 15 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 17 – Entire Agreement The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 – Governing Law These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Kingdom of Saudi Arabia.

Section 19 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website & application. It is your responsibility to check our website & application periodically for changes. Your continued use of or access to our website & application or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 – Contact Information

Communication about the Terms of Service should be sent to us at:

Email: support@DASHN.com

Section 21 – Privacy Policy

Thank you for visiting DASHN’s Platform and for reviewing our Privacy Policy.

DASHN provides a service that uses proprietary technology to bring you fitted products based on your exact size. This Privacy Policy explains how information about you is collected, used and disclosed by DASHN when you purchase, download, install, register with, access or use our mobile application and other online products and services (collectively, the “Services”) or when you otherwise interact with us.

The intent of this privacy policy is to inform you of what kinds of information we may gather about you when you visit our website & application and how we may use that information.

Section 22 – Data Collection

We collect personal information directly from you and we receive and store information you enter on our Services, when you call or email or communicate with us through social media (Twitter, Facebook, et al.), or participate in events or other promotions. Part of our Services involves collecting, storing, processing and otherwise using images of your body in order to calculate various measurements relating to certain features of your body. You provide the images or videos of your body that we use when you take your photographs as requested and described within our Services; you control how and when the photographs are taken. You agree that any photograph you provide shall not be pornographic, lewd or otherwise likely offensive to members of DASHN and we reserve the right to refuse access to our Services to any user who provides such photographs or videos. We automatically delete photographs and videos related to measurements once they are processed.

Our web servers collect and store all information that your web browser/mobile device sends when it requests a web page, including but not limited to:

• Name, domain, and numerical internet address of the “host” computer (that of your Internet Service Provider, not necessarily your personal computer) that you use for Internet access;

• The date and time when you accessed our site;

• The Internet address of the web page that you came from;

• The page requested from our site and the number of characters sent to your computer;

• The information your web browser software sends as its so-called “User Agent,” which typically identifies the browser software and may also indicate the operating system and type of CPU used in your personal computer.

• Device Information: We may collect information about the computer or device you use to access our Services, including the hardware model, operating system and version, MAC address, unique device identifier, phone number, International Mobile Equipment Identity (“IMEI”) and mobile network information. In addition, the Services may access your device’s native phonebook, location, gallery & camera with your consent, to facilitate your use of certain features of the Services.

DASHN intends to analyze these log files to learn how visitors use the site and what improvements we can make to improve user experience.

Section 23 – Use of Information Personal information

about users visiting our website & application will not be collected and used, unless the visitor chooses to provide such information.

E-MAIL

We use personal identifying information sent to us via e-mail to respond to your requests for information or assistance. This includes forwarding your e-mail to other DASHN staff better able to handle your requests. Information collected through e-mails will be retained as long as necessary to complete our response.

COOKIES

DASHN uses cookies for anonymous visitor tracking. Our web server assigns each visitor a unique numerical ID so that we can determine how many unique visitors visited the site. Personal information based on the numerical IDs are not identified nor collected. Information entered in our inquiry and reservation are not linked or related to the cookie data.

By using this site, you signify your agreement with DASHN’s Privacy Policy. We reserve the right to change, revise, add or delete parts of this policy at any time. Your continued use of this website & application following said possible changes to these terms indicates acceptance of those changes.

Any questions or comments regarding DASHN’s Privacy Policy should be directed to us by email at support@DASHN.com.

Section 24 – Returns Policy / Remakes

DASHN offers customized, tailor-made products. As such, those products cannot be resold. Therefore, we do not provide full returns. We do, however, offer a full exchange service if the thobe does not fit. The company reserves the right to decide to request the return of product(s) and provide a return label, if necessary. DASHN cannot take any responsibility for the correctness of the submitted measurements in case of manual measurements are selected.

Each customer shopping with DASHN is covered by the Guaranteed Fit in case the sizing technology has been used. The guarantee is offered once on each order to account for changing body sizes over time. Should the garment’s fit not meet the customer’s expectations, we shall adjust the measurements and issue a replacement free of charge. Any potential subsequent replacements of the same product type are at the sole discretion of the company. In case a customer already has used the guarantee once for a specific type of product yet wishes to make further adjustments to the size, they are encouraged to contact our customer support for fit/ sizing advice. Nonetheless, if after going through with the Free Remake Guarantee, the customer decides to make further alterations in the size due to changes in the body dimensions, size or style preferences, the customer will not be eligible to use the Free Remake Guarantee again.

In order to be eligible for a replacement, the customer shall contact our customer support within 1 Week of receiving the garment and complete the contact us form on the application in order to generate a ticket associated with that particular order. The customer may be asked to provide the support team with additional information and or pictures in order for the company to ascertain the fit issues.

DASHN will not accept return claims on the basis of sweat stains or discoloration or if the item appears to be used or worn and not in its original condition.