1. INTRODUCTION

DWISI LLC (“DWISI”, “we”, “us”, “our”) operates a social media-inspired peer-to-peer marketplace. The marketplace allows users (the “Users”) to buy and sell second-hand items (the “Products”) using the DWISI application (the “App”) made available for download through the Apple App Store and Google Play (the “Service”).

2. ROLE AND RESPONSIBILITY OF DWISI

The role of DWISI shall be limited to act as an intermediation platform between the Users; DWISI shall not act as a reseller of the Products and shall not become the owner of the Products at any point in time. Each User shall act, at all times, for and on his/her own behalf and shall never act as an agent or representative of DWISI. DWISI shall not be a party to the contract of sale between the Buyer and the Seller, and hereby disclaims liability for such a contract or for its consequences. Any conformity check potentially performed by DWISI shall merely relate to whether the Seller’s Product is in keeping with its description in the Product Page drawn up by the Seller. DWISI shall not check whether the Product or the description of the Product in the Seller’s Product Page meet the Buyer’s expectations. Therefore, DWISI does not guarantee that the Buyer shall find the Product satisfactory, whether from an aesthetic point of view or from a practical point of view, as to its use. Any deliveries that are arranged by DWISI and fulfilled by its subcontractors shall not imply that DWISI is a party to the contract between the Seller and the Buyer. With the exception of any complaints for late delivery or for failures to deliver Products that may be blamed on DWISI, it is up to the Seller to respond to any claim or complaint regarding the Products that they have advertised online, their description and the comments of any User about the Product Page, 

2. SALES OF PRODUCTS

2.1 Mandate 

Within the scope of the service performed by DWISI, the Seller hereby grants DWISI a mandate: a) to publish on the App or DWISI website the Product Page that constitutes an offer to sell a Product, including all the content included by the Seller, and where applicable, to make changes to the photographs of the Product, to accept the order placed by the Buyer, for and on behalf of the Seller; to credit the Price of the Product into his/her account; and b) to receive the proceeds of the sale and to transfer them to the Seller, after subtracting the commission and any other sum of money due should any amounts of money remain outstanding between the parties, 

2.2 Creation and modification of the Product Page 

A Product Page must be drawn up for each Product that a Seller wishes to offer for sale. The Seller must accurately describe all of the characteristics of the Product and must mention its Price on the Product Page. The characteristics of the Product mentioned on the Product Page, and in particular the actual condition of the Product, must match the characteristics declared by the Seller. The Products that are offered for sale must be available for purchase by Buyers as long as the Product Pages appear on the App or DWISI website. A Seller may permanently remove a Product that is advertised for sale from the App at any point in time, provided that this Product has not been ordered, by deleting the Product Page. The Seller undertakes to comprehensively, honestly and accurately describe the Product’s characteristics, its brand, and any faulty workmanship, damage or wear, or other attributes of the Product that a Buyer would reasonably want to know at the time of buying that Product. The Seller undertakes not to publish an altered depiction of the Product. Should a Product have undergone any visible alterations prior to being put up for sale (customisation, personalisation, etc.), the Seller undertakes to mention this expressly on the Product Page. DWISI shall be entitled to accept or reject a Seller’s Product Page prior to its being put online on the App. The Seller may also add additional photographs of a Product that is listed on the App, after the publication of the Product Page. Any addition of images shall be subject to validation by DWISI. These alterations of the Product Page shall not apply to transactions that are underway (namely after a Buyer places an order for the Product). A Seller may lower the Price of a Product, in which case the DWISI commissions and fees shall be adjusted in keeping with the applicable commissions, costs and fees. DWISI may suggest the Seller alter the price of a Product in order to make it coherent with the prices of other Products listed on App and with the market’s expectations in general. The Sellers accordingly agree to discuss the prices of their products in good faith with DWISI. For the avoidance of doubt, the price of a Product is determined by the Seller. Throughout the sale process, the Seller shall have full visibility over the price and the corresponding DWISI commission and fees

3. BUYERS’ ORDERS

The information concerning the Products is provided by the Sellers in English. The English language of the Product Page shall prevail in case of any contradiction or conflict with a translation. DWISI disclaims any liability for the translation that is proposed, which shall be provided for information purposes only. The prices of the Products that are offered for sale on the App are quoted including tax and or any other charges that the Legislature of UAE may time to time impose, but excluding any additional costs and fees (Authentication costs, delivery costs and other costs and fees) that shall be indicated separately. In any event, all of the costs and fees shall be set out in the summary of the Order, before the Buyer approves it. The Buyer’s confirmation of an Order shall be tantamount to the signature of the contract subject to conditions precedent, namely the receipt of the Product by DWISI and the positive outcome of the compliance check if such a check is performed by DWISI. Should it not receive the Product or should the outcome of its conformity check checks be negative, DWISI shall be entitled to cancel the Order and refund the Buyer. As an exception to the above, should a Product ordered by the Buyer be unavailable for any reason whatsoever, after confirmation of the Order, DWISI shall get in touch with the Buyer in good time to propose the cancellation of the Order and a refund (if payment has already been made), within thirty (30) calendar days following the confirmation of the Order. DWISI shall be entitled to reject any Order from a Buyer with whom there is an outstanding dispute concerning payment for a previous Order or concerning a Product for which there is an error. 

The “Make an Offer” functionality enables Buyers to confidentially negotiate the price of the Product by sending an offer to the Seller, who may either accept it or reject it, The maximum proposal accepted is 40% discount on the listing price.

Our products may be sold in some more countries in future. In this case, the tax, other costs and fees may be charged as per the Goods and Services Laws of the prevailing country.

4. AUTHENTICATION 

If a Product is ordered with an Authentication service, DWISI’s Conformity Check & Authentication teams will carefully perform a check of the Product before being delivered. . The Authentication Fee paid by the buyer covers these checks.

If the said Product(s) ordered fails the Authentication process, DWISI shall inform the buyer and issue a refund within 5 working days after the item failed the authentication process.

Should the Product fails the Authentication process and the Transaction cancelled and should the Seller wish to get the Product back, DWISI shall charge the Seller with a fee of 100 AED including tax per Product(s).

DWISI shall contact the Seller by email. Should DWISI fail to contact the Seller or should the seller fail to pay the fee of 100 AED within 30 days following the date that the Product(s) failed the Authentication process, DWISI has the right to donate/dispose of Product(s) that cannot be authenticated or are in an unsellable condition.

5. CONFORMITY CHECK

Conformity Control assessments and results are provided by DWISI.

DWISI shall verify each Product purchased by means such as machine learning technology, in-hand verification, or a combination of the same. By doing so, DWISI ensures that the Product purchased is as described.

If the said Product ordered fails the Conformity Check process, DWISI shall inform the buyer and issue a refund to the buyer within 5 working days after the Product has been found non-conform.

Should the Product be non-compliant and the Transaction cancelled and should the Seller wish to get the Product back, DWISI shall charge the Seller with a fee of 100 AED including tax) for each non-compliant Product.

DWISI shall contact the Seller by email. Should DWISI fail to contact the Seller or should the seller fail to pay the fee of 100 AED within 30 days following the date that the Product(s) is found to be non-compliant, DWISI has the right to donate/dispose of Product(s) that cannot be authenticated or are in an unsellable condition.

DWISI’s conformity check process does not guarantee the authenticity of the Product(s).

6. DELIVERY

DWISI has appointed a courier service that ensures secure delivery of the Product(s).

As DWISI is acting as an intermediary on behalf of the Seller, the delivery date of the Product to the Buyer shall depend on the date on which the Seller has dispatched the Product(s) to the courier agent and on the date on which the buyer is available for the delivery of her/his item(s). DWISI cannot, therefore, commit to a fixed delivery date, but the date on which the Product is dispatched shall be at most thirty (15) calendar days after the date of the confirmation of the Order by the Buyer. The delivery costs may be modified in keeping with the rates charged by the carrier and shall be stated upon placing the Order.

A Seller whose Product has been ordered by a Buyer shall receive a notification of this sale by email informing them that the Product must be dispatched to DWISI’s courier agent within 48H. No object should be enclosed other than the Products and the accessories sold with them, in particular no promotional or advertising documentation whatsoever. In case of loss or damage of a Product by the carrier to which the Product was entrusted by the Seller for dispatching to DWISI and then to the Buyer, the compensation due to the Seller shall consist of the compensation offered by the carrier. In order to insure the Products optimally while in transit to DWISI, the Seller may take out, at its own initiative and at its own expense, an insurance policy covering loss or damage caused to a Product while in transit to DWISI. Should the Product not be dispatched to the delivery agent within 48 hours following confirmation of the sale of the Product by the seller, it shall be entitled to cancel the sale of the Product involved and shall notify to the Buyer. 

7. CONDITION OF THE PRODUCTS UPON DELIVERY

The Seller undertakes to only dispatch Products that are perfectly clean (i.e. Products that have been cleaned and ironed if need be), as described in his/her listing posted on the DWISI app including the brand, the size, the colour and the condition of the Product and should correspond to the photographs attached to the listing

In order to avoid any disputes, the Seller undertakes to take particular care in packaging the Products that they dispatch to the courier (for instance, by using carton boxes or wrapping reinforced with bubble wrap).

8. TERMS OF PAYMENT FOR THE SELLER

Should Sellers want the money that they are owed to be paid by bank transfer, a bank transfer shall be made into the bank account designated by the Seller. The seller shall be entitled to request the funds of her/his sale in the relevant section of the mobile app 48 hours after the Products have been delivered to the buyer in due form and condition. In case of a claim or complaint by the Buyer within the timeframe of 48h after delivery, DWISI shall be entitled to withhold the payment to the Seller until the claim or complaint has been resolved.

The Seller should check the terms applicable to such transactions with the banking establishment that holds the bank account involved. Sellers should note that the amount that is due to them shall not be credited immediately into their bank account due to processing and handling delays of around five (5) working days after the Product is found to be compliant, these delays being subject to fluctuation and being provided for information purposes only.

The Sellers must input their bank account details in the relevant section of the App, in order for DWISI to be able to make a transfer to their bank account. Note that the family name and the first name of the Seller must correspond to those registered with the bank in order for the transfer to be finalized by the bank involved. 

The seller has the responsibility to hold and provide a bank account located in the UAE only. DWISI shall not honour international bank transfers.

9. TERMS OF PAYMENT FOR THE BUYER

The Buyer shall pay the price, the authentication costs, the delivery costs and any other applicable costs and fees via the secure payment system of DWISI, by credit or debit card, VISA, Mastercard, or American Express. DWISI enables Buyers to register their VISA and Mastercard card details for payments in AED. The payment details are administered and kept by Total Processing, DWISI’s payment services provider. After the conclusion of a transaction, the Buyer may remove any card stored in the App at any point in time. Checks may however be performed by DWISI with the Buyer, by telephone, email or post, in order to confirm the Order prior to the sending of the Product and request any additional evidence where need be. Pursuant to the checks that are performed, the Buyer’s Order may be rejected if the elements provided by the latter are deliberately erroneous and/or fraudulent. In that case, the Buyer shall be informed by email about the measures taken by DWISI, which shall automatically refund the Buyer’s payment if the latter has already been made.

In case of rejection of the order by the seller for any reason whatsoever, the Buyer shall be refunded on the method of payment that they used to pay for their Order within 5 working days.

10. CONSEQUENCES OF AN IMPOSSIBILITY TO DELIVER THE PRODUCTS 

In case of an impossibility to deliver a Product to the Buyer, for instance, if the address provided by the latter is incorrect or the parcel is sent back due to non-acceptance by the Buyer, an email shall be sent or a phone call shall be made to the Buyer of the Product. Should there not be any reply, the Product shall be kept at the disposal of the Buyer, at its own risk and expense (including storage and handling costs), for a maximum of one month. Should the Product not be claimed from DWISI before the expiration of six (6) months from the date when the impossibility to deliver the Product was recorded, DWISI shall become the owner of the Product that shall not have been claimed. Such Product shall then either be destroyed or donated to charity, at DWISI’s discretion, if its condition allows for this.

11. TRANSFER OF THE OWNERSHIP OF THE PRODUCTS AND RELATED RISKS

The Products shall remain the property of the Seller, until DWISI shall have received full payment of the price of the Order from the Buyer, including all ancillary elements (commissions, taxes, delivery costs and any other commissions, costs and fees that may be applicable). The transfer of the risks of loss or damage to a Product to the Buyer shall take place upon confirmation from the Seller that he/she is accepting the offer from the Buyer. The Buyer shall therefore bear the risk linked to any damage caused to the Product after the Buyer has accepted the offer and the Buyer has accepted the delivery of goods as agreed upon by the offer.

12. CLAIMS AND RETURNS 

If the Buyer does not receive the Product within thirty (15) days following the date of the Order, the Buyer may cancel the transaction by means of an email to support@dwisi.com. DWISI shall refund the Buyer within fourteen (14) calendar days following the date on which DWISI receives the email sent by the buyer. If the Buyer receives the Product after he/she cancels the Transaction, he/she must return the Product to DWISI. In case of cancellation, the Buyer shall be refunded on the method of payment that they used to pay for their Order, provided that, in each case, DWISI shall not suspect that the request for cancellation or for a refund due to total or partial non-receipt of a Product that was ordered was made fraudulently. In the case of partial cancellation, only the part of the Order that is cancelled shall be refunded in keeping with the above-mentioned terms.

13. NON-COMPLIANCE DURING THE CONFORMITY CHECK PERFORMED BY DWISI

The consequences of a Product’s non-compliance shall depend on the type of non-compliance involved. If the Product does not comply significantly with its description, the Product is counterfeit or the Product’s sale is prohibited, DWISI shall cancel the sale and shall refund the Buyer. If the Product complies partly with its description, DWISI may, at the Buyer’s discretion, either negotiate with the Seller to secure a reduction in the Price, or cancel the sale and refund the Buyer. If the Buyer and the Seller agree on a Price reduction, the latter may take the form of a credit note from DWISI or a payment that is re-credited to the credit or debit card of the Buyer. If the parties come to a mutual arrangement, DWISI has the right to charge the portion of the seller’s money, credited to the buyer's account or the DWISI's wallet when available.

If the Buyer cancels the Order, he/she shall be refunded in cash by crediting the credit or debit card used to make the initial payment. In the case of partial cancellation, only the part of the Order that is cancelled shall be refunded.

14. NON-COMPLIANCE UPON RECEIPT OF THE PRODUCT BY THE BUYER 

Should the Buyer find that a purchased Product does not comply significantly with its description on the Product Page, the Buyer must contact DWISI by email within 48 hours following the date on which he/she has received the Product. The Buyer must provide an explanation about the reasons for such non-compliance of the Product with the description provided on the Product Page and must provide photographs enabling such claims to be substantiated. Should the claim of non-compliance of the Product with the Product Page appear justified at first sight based on the explanations of the Buyer and the photographs, DWISI shall authorise the Buyer to send the Product back. If the non-compliance is confirmed, DWISI shall refund the Buyer. The refund shall take place by crediting the credit or debit card the Buyer used to make the initial payment.

Should the Buyer receive a counterfeit Product or a Product whose sale is prohibited, he/she may return the Product to DWISI. (Proof will be demanded to consider the buyer's request from qualified parties. To be considered only an official declaration for a counterfeit product, the buyer will need to prove the non-authenticity of the item by asking for counter expertise from a legit company that is an expert on authentication from the brand related to the item or from a certified authenticator that state it’s a counterfeit)

Should the Product be non-compliant and the Transaction cancelled and should the Seller wish to get the Product back, DWISI shall charge the Seller with a fee of 100 AED including tax) for each non-compliant and/or counterfeit item.

Should DWISI fail to contact the Seller, or should the seller fail to pay the fee of 100 AED within 30 days following the date on which the Buyer has received the Product, DWISI has the right to donate/dispose of Product(s) that cannot be authenticated or are in an unsellable condition. 

15. SELLER’S COMMITMENTS AND OBLIGATIONS 

The Seller undertakes to sell only Products of which he/she is the sole owner. The Seller hereby represents that is not violating the prevailing laws and regulations in any way and are not infringing the rights of any third parties by submitting a Product Page to DWISI or by offering a Product for sale via the App. The Seller warrants represents and undertakes that the origin, the condition and the characteristics of the Product that is offered on the App comply with that description of the Product on the corresponding Product Page, and that the Product that is offered for sale is not counterfeit and that its sale is not prohibited.

Should DWISI request information, the Seller must immediately provide it with all the documents proving the ownership of the Products that are offered for sale and/or the origin of these Products. DWISI shall be entitled to delete the Profile and/or the Product Page of a Seller who fails to provide evidence to DWISI of the ownership rights over the Product(s) that are offered for sale and/or of the origin of the Product(s). The Seller shall be barred from claiming any right to compensation if DWISI deletes this information for the reasons mentioned above. The Seller shall be the only person responsible for the sale of a Product. The Seller shall refrain from selling any Product whose sale is prohibited or would violate the prevailing laws and regulations and/or infringe the rights of third parties. The Seller undertakes in particular not to sell prototypes (clothes or accessories that are created prior to production in series) or uniforms (clothes or accessories designed for use by the employees of certain brands) or Products that were included in “sales to employees” or “press sales” and whose resale is not authorised, bearing in mind that DWISI shall be unable to check whether such a prohibition is applicable. Should DWISI learn that any such Products are offered for sale on the app, the Product Pages of the Products involved and/or the Profiles of their Sellers might be deleted as of right, and the latter shall not be able to claim any right to compensation. Once a Seller’s Product Page has been put online, the Seller must access his/her account regularly in order to be informed of all pending transactions and monitor them. 

KYC (Know-Your-Customer) process 

DWISI acts in accordance with the money laundering (“AML”) and Counter-Terrorist Financing (“CTF”) rules and is required by law to ensure that its services meet the anti-money laundering and counter-terrorist financing requirements.

By performing the KYC procedure, DWISI ensures that payments:

• Comply with legal requirements

• Meet the standards of payment security

The KYC procedure shall identify DWISI’s members and ensure that at no point in time, the sellers are engaging in any fraudulent or illicit activities.

DWISI places limits on the number and volume of the transactions for sellers’ accounts. When sellers’ accounts reach such limits, the account shall be blocked and the customer shall be asked to complete the KYC process. 

DWISI requires customers to provide an electronic copy of the following documents:

Individual:

1- Proof of Identity (POI*) :

Valid passport, Valid Emirates ID

2- Proof of Address (POA*) :

Telephone / Mobile Bill (should not be older than 90)

Electricity bill (should not be older than 90 days)

Bank statement (should not be older than 90 days)

Learn more: See our KYC Policy — on how we process your data in relation to the KYC procedure

16. COMMISSIONS

The services proposed by DWISI shall be remunerated by commissions that DWISI  adds to the Price of the Product listed by the Seller in the relevant section of the app. Such commissions remunerate the intermediation services between Seller and Buyer, and where applicable for checking and dispatching the Products.

17. RETURNS

DWISI disclaims any liability in case of loss or damage of a Product while in transit.

DWISI shall be entitled to reject a return of Products that are damaged or incomplete or to refund the Buyer minus any amount due as compensation for the damage caused to the Products (if the damage occurred after their delivery to the Buyer). Moreover, the Buyer shall be liable in case of depreciation of the value of the Products due to any handling thereof other than as required to ascertain the nature, the characteristics and the proper operation of these Products, any deliberate damage, any incident or negligence on the part of the Buyer or of a third party, any use of a Product that is non-compliant with its purpose, any failure to comply with the manufacturer’s guidelines or the instructions of DWISI, or any modification or repair carried out without the prior agreement of DWISI. Any Product that is returned in a such state that the cost of repair or cleaning is too high relative to the Price of the Product shall not be refunded and shall be kept at the disposal of the Buyer at its own risk for a period of up to six (6) months following the date when the return of the Product was requested. Should DWISI not receive a request from the Buyer to recover possession of its Products within six (6) months following receipt of the Products by DWISI, DWISI shall become the owner of such Products. These Products shall then either be destroyed or donated to charity, at DWISI’s discretion, if their condition allows for this.

18. DURATION AND VALIDITY 

The Users shall be governed by these Terms & Conditions from the moment that they accept them upon accessing the App or upon registering on the DWISI website, and until the cancellation of their account, whether or not they perform any transaction. DWISI shall be entitled to modify the Terms and Conditions at any point in time, without notice and without any obligation to justify its decision, without incurring any liability as a result. In case of a significant change of the Terms & Conditions, the Users who shall be required to review and accept the amended Terms & Conditions. The Terms & Conditions that are applicable shall be those that are in force on the date on which the User uses the App and/or purchases a Product, depending on the nature of the changes made to the Terms & Conditions.

19. INTERRUPTION OF THE SERVICE AND RESCISSION

In case of a failure to comply with one or more of the clauses of these T&Cs (such as in case of a failure to pay any money due within the allotted timescales, or a violation of these T&Cs), whether this is observed by DWISI or gives the right to a justified complaint by other Users, DWISI may temporarily interrupt the User’s access to the services of DWISI. If the violation can be rectified, but such a rectification does not take place within two (2) calendar days following the notification of the irregularities witnessed by DWISI, DWISI shall have the right to permanently bar the User from accessing the services.

Moreover, DWISI may put an end to the services provided, as of right, without prior notification, effective immediately, if the behaviour of the User constitutes a serious violation of these T&Cs, such as but not limited to opening several accounts, fraudulent use of methods of payment, attempted fraud, or any other criminal offence. Such a measure shall not give rise to any right to compensation whatsoever from DWISI, and the latter shall itself be entitled to claim compensation for any loss or damage that it may have incurred. Should DWISI cancel any transaction(s), the Users shall be refunded (the sum being credited to the credit or debit card used for the payment).

20. COMPLAINTS 

Any User wishing to make a complaint against DWISI concerning the App or website may send an email to DWISI via the contact form available at http://faq.dwisi.com

21. DISPUTE RESOLUTION 

If you are not satisfied with any products that you have purchased using our App, you should contact DWISI through email, social media or live chat on the App.

If you are unable to resolve your issue under clause 20 (a) within forty-five (45) days of notifying the seller of your issue, any disputes or claims arising out of or in connection with these Terms and conditions, including any non-contractual rights or obligations arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC – LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration, shall be Dubai International Financial Centre. The language to be used in the arbitration shall be English.

22. GOVERNING LAW

These Terms and Conditions and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of Dubai and the applicable Federal Laws of the United Arab Emirates.

23. FORCE MAJEURE

Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or services to us, labour disruptions, blackouts, embargoes).

24. NO WAIVER 

Any waiver by us of any of the provisions of these Terms and Conditions will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.

HOW YOU CAN CONTACT US

If you have any concerns about your Information on the Platform, please contact us at support@dwisi.com with a thorough description, and we will try to resolve them.