N8TIVE TERMS OF SALE

WELCOME TO N8TIVE

Welcome to https://www.n8tive.ae. We aim to make every visit effortless and inspiring. These Terms of Sale govern your purchase of products and services through our website, mobile applications, and related digital interfaces (together, the "Platform").

The Platform is owned and operated by N8TIVE Marketplace FZ-LLC, a Free Zone Limited Liability Company incorporated in the United Arab Emirates, Commercial Licence Number 45031474, with its registered office at Ras Al Khaimah Economic Zone, United Arab Emirates ("N8tive", "we", "us", or "our"). We operate the Platform for our own benefit and for the benefit of our affiliates, partners, and independent third-party merchants who list products on the Platform.

By accessing or using the Platform you agree to these Terms of Sale, our Privacy and Cookie Policy, our Website Terms of Use, and any supplemental policies referenced here. If you do not agree, you must not use the Platform.

When you place an order for products or services through the Platform you accept the version of these Terms of Sale that is in force at the time of ordering. If a change in law requires us to amend these Terms after you place an order but before acceptance, that change will apply to your order; otherwise, the version posted at the time of order applies.

If there is any conflict between these Terms of Sale and any other policy on the Platform, these Terms of Sale prevail to the extent of the conflict.

Our Role and Legal Status

N8tive operates a technology marketplace that connects users with independent third-party Vendors. Unless expressly stated, N8tive is not the seller, manufacturer, producer, or importer of products. Vendors are the sellers of record and are solely responsible for product authenticity, safety, fitness for purpose, lawful importation, and labelling in accordance with the laws of the United Arab Emirates. Vendor obligations include product conformity with mandatory standards, warranty support, after-sales service, and statutory withdrawal/repair/refund rights under UAE consumer protection law. N8tive facilitates communications and logistics between you and the Vendor and may, at its discretion, administer refunds or returns on the Vendor's behalf without assuming the Vendor's underlying legal obligations.

Any assistance we provide with logistics, delivery, refunds, payment processing, or customer service does not create a partnership, agency, joint venture, employment, or fiduciary relationship between N8tive and any Vendor, courier, delivery aggregator, or payment service provider.

We may withhold or delay Vendor payouts while we investigate or resolve disputes, chargebacks, suspected fraud, regulatory inquiries, or potential breaches of our terms or policies.

The Platform is provided on an "as is" and "as available" basis. While we strive for high availability and accuracy, we do not promise that the Platform will be uninterrupted, error-free, or immune from unauthorised access.

Eligibility and Accounts

The Platform is intended for individuals who are at least eighteen years of age and legally capable of entering into binding contracts under UAE law.

If you create an account, you must provide accurate, current information and keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. To the extent required by UAE law and Central Bank of the United Arab Emirates (CBUAE) digital payment security regulations, N8tive remains responsible for losses caused by unauthorised access that is attributable to N8tive's breach of applicable obligations.

We may request identity verification or additional information to comply with anti-money laundering and counter-terrorism financing requirements or to prevent fraud. We may suspend or close accounts in cases of misuse, security concerns, or non-compliance.

You must not use the Platform for unlawful purposes, interfere with its security, availability, or integrity, attempt to access its source code, scrape or mine content, or upload malware or harmful code.

Orders and Contract Formation

Placing an order is an offer to purchase the products listed in your basket at the prices shown together with applicable delivery fees, taxes, and duties. After submission you will receive an acknowledgement. An order is accepted when the Vendor confirms acceptance or dispatches the product. No party other than N8tive is authorised to accept orders on the Platform.

We may reject or cancel an order at our discretion for reasons including pricing or listing errors, technical faults, ineligibility, inability to obtain payment authorisation, suspected fraud, suspected commercial or bulk purchasing, shipping restrictions, or stock unavailability. Items in your basket are not reserved until payment is completed and your order is accepted.

Pre-order items, where offered, are subject to indicative delivery dates and may be delayed. If stock cannot be secured, we will notify you and refund the relevant amount to your original payment method.

We may limit or refuse orders that in our reasonable opinion appear to be placed by resellers, dealers, or distributors or that involve atypical quantities.

Pricing, Errors, and Promotions

Prices are displayed in United Arab Emirates Dirhams and include Value Added Tax (VAT) unless stated otherwise. Prices exclude optional services such as gift wrapping and exclude duties or import charges where applicable. Additional charges are calculated at checkout based on your delivery address, selected services, and delivery option.

If a pricing or charging error is identified after you place an order, we will contact you and give you the option to reconfirm at the correct price or cancel for a full refund. If we are unable to reach you, the affected item(s) will be cancelled and refunded.

Promotional codes may be offered from time to time. Each code is subject to its stated terms, including validity period, brand or category exclusions, maximum redemptions, and whether it can be combined with other offers. Promotional codes are not redeemable for cash and are personal to you unless we expressly authorise transfer. If a product is not eligible, the discount will not apply at checkout.

Payment

All payments are processed by independent, licensed payment service providers authorised by the CBUAE or another competent authority. N8tive does not process, access, or store your card number or banking credentials. By submitting your payment details you authorise the provider to process payment using your selected method in accordance with its terms and applicable banking rules.

We may request additional identification to verify payment. We may suspend payment options or decline orders where we cannot verify the method or where we suspect illegal or irregular activity. Refunds are made only to the original payment method and are subject to the timelines of the relevant bank or provider.

We and our providers monitor transactions for suspicious activity in accordance with UAE Central Bank fraud prevention guidelines and cybersecurity regulations. Suspected fraud may result in immediate suspension of accounts and, where required by law, reporting to competent authorities.

Where a card issuer or payment service provider ("PSP") reverses or charges back a payment, we may deduct or recover the relevant amount (and associated network fees) from any refund due or seek reimbursement from the Vendor as applicable. We and our PSPs may share transaction-level data and risk signals strictly for fraud-prevention purposes.

Delivery

Deliveries are carried out by independent couriers or by delivery aggregators that allocate deliveries to one or more couriers. The delivery timelines displayed on the Platform are estimates and are not guaranteed. Time is not of the essence. Delays may occur during promotions, sale periods, or public holidays.

Risk in the products passes on verified delivery to the address you provided (including courier photo, one-time password, GPS log, signed delivery note, or other electronic proof). Title passes upon delivery.

If delivery cannot be completed after reasonable attempts, the order may be cancelled and refunded less delivery charges. For cross-border deliveries, you are responsible for customs clearance, import duties, excise, taxes, and compliance with destination-country regulations. Any delays caused by customs, border authorities, or import processes will not give rise to liability for N8tive.

Returns, Refunds, and Exchanges

You may return eligible products within fourteen days of delivery provided they are unused, undamaged, and returned in their original packaging with all labels, tags, authenticity cards, and inserts. Swimwear must have the original hygiene liner attached. Shoe returns are accepted only if tried on a clean, carpeted surface and returned new and undamaged in the original box.

Certain categories are not eligible for discretionary returns for hygiene, safety, or regulatory reasons. These include lingerie, swimwear, cosmetics once opened, personalised or customised items, and clearance items. Additional non-returnable items, if any, will be identified on the product page. This does not affect your statutory rights in respect of defective, unsafe, counterfeit, or misdescribed products.

Returns must be initiated through the Platform or via Customer Care and must follow the instructions provided, including the use of our return label. Unless the return is due to Vendor fault, you are responsible for return courier charges.

Returned items are subject to quality and authenticity checks. Items that are used, damaged, altered, or missing tags, hygiene liners, accessories, brand boxes, or documentation may be refused or result in a deduction reflecting diminished value.

If a product is defective, unsafe, counterfeit, or misdescribed, the Vendor must repair, replace, or refund it in accordance with Federal Law No. 15 of 2020 on Consumer Protection and applicable executive regulations. We may request photographs or video as evidence before arranging collection.

Refunds are typically initiated within seven business days after inspection and are usually completed within twenty-one days, depending on bank or provider timelines. We monitor returns for abuse and may suspend return privileges or close accounts where misuse is identified.

Where an exchange feature is offered, exchanges may be limited to size for the same product, subject to availability and warehouse location. If an exchange cannot be fulfilled, we may issue a refund to the original payment method instead.

Intellectual Property and Content

All intellectual property rights in the Platform, its software, design, look and feel, and content are owned by or licensed to N8tive. You may not copy, reproduce, distribute, modify, translate, decompile, reverse engineer, or create derivative works from the Platform or its content without our prior written consent, except as permitted by law for your personal, non-commercial use.

If you post reviews, images, or other material on or through the Platform, you grant N8tive a perpetual, worldwide, royalty-free licence to use, reproduce, adapt, publish, and display that content for operational, promotional, and archival purposes. You are responsible for ensuring that your submissions are lawful, do not infringe third-party rights, and comply with our community standards. We may remove content that violates law or policy.

To the extent permitted by law, you waive any moral rights you may have in User Content you submit to the Platform.

Data Protection, Cookies, and Third-Party Logins

We process Personal Data in accordance with Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data and its executive regulations, and other applicable laws. Personal Data may be shared with Vendors, payment processors, couriers, delivery aggregators, professional advisers, and regulators strictly for order fulfilment, customer service, fraud prevention, and legal compliance.

We use cookies and analytics to improve site performance and user experience. Where required by law we will obtain your consent before placing non-essential cookies. You may withdraw consent through your browser settings or by contacting us.

You may sign in using third-party accounts such as Google. Those providers' terms and privacy policies apply to authentication. N8tive is not responsible for downtime, access failures, or data breaches at third-party provider level. If your third-party access is revoked, you may be required to create a direct email and password login to retain access.

User Conduct

You must not misuse the Platform or engage in unlawful activity. Prohibited conduct includes fraud, harassment, defamation, infringement of intellectual property rights, unauthorised scraping or mining, distribution of malware, or any conduct that breaches applicable laws. We may suspend or terminate access where violations are identified.

Liability

Nothing in these Terms of Sale limits or excludes liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot be limited or excluded under applicable law.

To the fullest extent permitted by law, N8tive, its parent company, subsidiaries, affiliates, directors, officers, employees, agents, suppliers, subcontractors, and licensors are not liable for any indirect, special, incidental, or consequential losses or damages, including loss of profits, revenue, business, goodwill, or data, arising out of or in connection with these Terms of Sale or your use of the Platform, even if advised of the possibility of such damages.

Without limitation, and to the extent permitted by law, we are not liable for late or failed supply caused by your failure to provide information or payment when requested, unauthorised repairs or alterations, loss of stored data during repair or replacement, reliance on Platform content, your use of or inability to use any product, service interruptions or delays, malware or other harmful components obtained through use of the Platform, damage to hardware from use of a product, or loss of business opportunity due to delivery delays.

Where a monetary cap is required to be stated, our total aggregate liability to you for any claim relating to a purchased product shall not exceed the higher of (i) the price you paid for that product (including original delivery charges), or (ii) AED 1,000.

Indemnity

You agree to indemnify and hold harmless N8tive, its parent company, subsidiaries, and affiliates, and their respective directors, officers, employees, agents, suppliers, subcontractors, and licensors from and against any losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your breach of these Terms of Sale, your violation of applicable law, or any third-party claim arising from your use of the Platform or our services.

Force Majeure

Neither party is liable for any delay or failure to perform an obligation under these Terms of Sale where performance is prevented by events beyond its reasonable control, including acts of God, natural disasters, war, civil unrest, terrorism, strikes, epidemics or pandemics, quarantine restrictions, embargoes, cyber-attacks, severe supply chain disruption, or failure of third-party networks or utilities. Where performance is permanently prevented, you will be entitled to a refund for undelivered products.

Suspension and Termination

We may suspend or terminate your access to the Platform immediately where there is a breach of these Terms of Sale, suspected fraud, regulatory order, security risk, or failure to comply with applicable law. Termination does not affect accrued rights, obligations, or pending refunds.

Governing Law

These Terms of Sale and any non-contractual rights or obligations arising out of or in connection with them are governed by and construed in accordance with the laws of the Emirate of Dubai and the applicable federal laws of the United Arab Emirates.

Dispute Resolution

If you experience an issue with our services, please contact us so that we can try to resolve it promptly and amicably. Any dispute or claim arising out of or in connection with these Terms of Sale, including any non-contractual obligations, shall be subject to the exclusive jurisdiction of the competent courts of Dubai, United Arab Emirates.

Third-Party Rights

No person who is not a party to these Terms of Sale has any right to enforce or rely upon any of their provisions.

Relationship of the Parties

Nothing in these Terms of Sale creates a partnership, joint venture, agency, or employment relationship between the parties. The parties act at all times as independent contracting principals.

Further Assurances

Each party shall do and execute all such acts, documents, and instruments, and take any further steps reasonably required to give full effect to these Terms of Sale and to ensure compliance with applicable law.

Assignment

These Terms of Sale bind and benefit the parties and their respective successors and permitted assigns. You may not assign or transfer these Terms of Sale, in whole or in part, without our prior written consent, which shall not be unreasonably withheld. We may assign our rights and obligations to any affiliate or successor at any time.

Entire Agreement

These Terms of Sale and the documents referred to or incorporated by reference constitute the entire agreement between the parties with respect to their subject matter and supersede all prior agreements, negotiations, and representations, whether oral or written. No party may rely on any statement not expressly set out herein.

Amendments

You may not modify or amend these Terms of Sale. We may revise or supplement these Terms of Sale at any time. The current version will be posted on the Platform and takes effect upon publication or the effective date stated. Your continued use of the Platform after changes take effect constitutes acceptance.

Severability

If any provision of these Terms of Sale is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remaining provisions shall remain in full force and effect.

No Waiver

No failure or delay by N8tive in exercising any right or remedy under these Terms of Sale operates as a waiver of that right or remedy. Any waiver must be in writing and shall not constitute a continuing waiver unless expressly stated.

Survival

Provisions that by their nature or express terms are intended to survive suspension or termination shall continue in full force, including those relating to ownership, confidentiality, indemnity, limitations of liability, and governing law.