Terms of Service

TERMS OF SERVICE

Welcome to www.fivemode.com  We strive to ensure our customers and users ("you") receive an effortless shopping experience and we hope that you enjoy all our Website has to offer.

www.fivemode.com  the "Website") is owned and operated by Five Mode FZ-LLC (as per the Trade License), commercial license number 45003218 and it’s registered at BIZ01309 Compass Building, Al Shohada Road, AL Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates ("FIVE Mode"), for its own benefit and the benefit of its affiliates and subsidiaries (together "we", "us" or "our"). Five Mode FZ-LLC is a limited liability company incorporated under the laws of the United Arab Emirates, our country of domicile and stipulate that the governing law is the local law. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E. Five Mode FZ-LLC maintains the https://www.fivemode.com/ Website ("Site").

We will not trade with or provide any services to OFAC (Office of Foreign Assets Control) and sanctioned countries in accordance with the law of UAE.

Please read these terms of service (the "Terms of Service"), and any other terms applicable to the use of the Website, including the Website Terms of Use ("Website Terms"), the privacy & cookie policy (the "Privacy Policy"), as together they form the terms governing the relationship between us and you (collectively, the "Terms").

When you place an order for products or services through our Website (an "Order"), you are deemed to have consented to the latest version of the Terms posted on our Website. If a change in law takes effect which requires us to change our Terms after you have placed an Order but before it has been accepted by us, you acknowledge that the change will apply to your Order. In all other cases, the version of the Terms posted on the Website at the time your Order was placed will apply.

ELIGIBILITY

We aim to make the Website and the services we offer available to all our customers. However, to use the Website, you must be at least 18 years of age, and able to lawfully: (i) make payment through one of our accepted payment methods; (ii) agree to these Terms; and (iii) enter into binding contracts with us. Customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the Website

 

PROHIBITION ON COMMERCIAL USE

The Website is for customers' personal use only. We do not provide the Website, products or the services supplied by us through the Website for commercial usage. We reserve the right to decline Orders of unusual quantities and/or where we suspect commercial usage by the purchaser. We may take any steps we deem necessary, including taking appropriate legal action against violators.

 

CANCELLATION, REFUND AND EXCHANGES

You may, at any time prior to your Order being marked as "Processed" on our online Order tracking system, contact us via email fivemode@fivehotelsandresorts.com or call us +971 4 247-5252 or use the Website to cancel or change the Order. We will at your request either: (i) cancel the Order within 24 hours free of charge and issue you with a full refund which will only be done through the Original Mode of Payment (Please allow up to 45 days for the refund transfer to be completed) or (ii) we may agree to make certain changes to the Order, subject to stock availability and any applicable price adjustments. We accept returns within 7 days of receipt, only if their delivery packaging has not been opened or the products are damaged or wrong product. Please notify us and return the box in its original packaging. In such instances, we will endeavour to send you another or refund the payment.

 

We can only accept returns of products that have not been tampered with, are sealed and remain in the original packaging. If all these conditions are met, please ship your products back to us using a registered courier service and we will issue a full refund. Please note that we reserve the right to refuse any returned shipments if the product has been used or tampered with. Shipping & Handling fees are non-refundable.

 

All returns and exchanges in UAE it will be processed within 2-3 days subject to the Customer’s responsiveness. If the Order has already been processed by us or with an order status “IN PROCESS”, you will be unable to cancel the Order or make changes to the Order. You can return the items in accordance with our returns process after you receive the Order for a refund, and alternatively place a new Order with the items you wish to purchase.

 

PRICES

The prices of items displayed on the Website are provided in United Arab Emirates Dirhams (AED). The prices of item displayed on the Website do not include any fee chargeable for services you may select as checkout such as, delivery costs, or duties to which the Order may be subject to. Any such additional costs will be calculated and added to the Order price at checkout. The delivery address you provide, the items and services you select with your Order, and the method of delivery you choose will dictate what delivery charges and duties may apply (if any). Please refer to our Shipping and Delivery section for further details on delivery options.

Although we make every effort to ensure the prices or charges communicated to you in connection with your Order are accurate, errors may occur, and we reserve the right to correct such errors provided it does not affect your rights as a customer. If we believe there was an error in the price calculation of your Order, we will aim to remedy that error in the following ways:

  • If your Order was inadvertently processes by us, we may at our discretion:
  1. Cancel the Order (or part thereof), arrange for the collection of the mis-priced item(s) from your original Order delivery address, and issue you a full refund including original Order delivery fees and duties (if applicable);
  2. where the price you paid is lower than the actual price of the item, honour the Order; or
  3. where the price you paid in the Order for a particular item is higher than the price of the item, we will refund you the difference in the price of the item;
  • If your Order has not been processed, we will notify you as soon as possible and only process the Order (or part thereof) once you have confirmed you are happy to buy the item at the correct price or otherwise cancel the Order (or part thereof) and receive a refund instead.

PAYMENT

  • When you place an Order using a payment card that only processes payments in a currency other than the currency that applies to your Order at checkout, the payment will be subject to the currency exchange rate applied by your card issuer at the time your payment is processed. You bank or card issuer may also charge other fees for processing the payment.
  • We currently accept the following payment methods for Orders placed on our Website: Visa, Mastercard, American Express cards, Apple Pay in AED and, where available, cash on delivery.
  • By entering your payment details onto our Website, you warrant and represent that you are duly authorized to use that payment method for the purchase of the Order. Cardholder must retain a copy of transaction records and Merchant policies and rules.
  • User is responsible for maintaining the confidentiality of their account
  • We reserve the right to decline Orders without any liability to you where we reasonably believe the payment method used was not authorized for such use, where we are unable to validate or verify the payment method, or if we suspect some other illegal or irregular activity associated with the payment.

 

SHIPPING AND DELIVERY

 

  1. Scope of Delivery:We offer worldwide delivery of our products, with a primary focus on the United Arab Emirates (UAE). Shipping will be facilitated by a third-party courier service.

 

  1. Delivery Timeframes:Within UAE cities, delivery is typically expedited and can be expected within 1 – 2 working days. For shipments to other countries, delivery times may vary between 4 to 10 working days.

 

  1. Delivery Fees:A flat delivery fee of AED 10 is applicable for orders delivered within the UAE.. Fees for deliveries outside the UAE will be specified on the checkout page, contingent upon the destination country and location.

 

  1. Address and Contact Information:To minimize the risk of delivery delays, it is imperative to provide accurate and complete address details along with valid contact information.

 

  1. Potential Delays:Please be aware that during promotional periods, sales seasons, and public holidays, there may be delays in order fulfillment and delivery. While we strive to ensure timely delivery, these factors may impact the expected timeframe.

 

  1. Responsibility for Delivery:We cannot be held liable for failures to deliver that are beyond our reasonable control. This includes situations where you are unavailable to receive the delivery or if you request a postponement of the delivery. It is your responsibility to ensure availability to receive the order.

 

  1. Delivery Attempts:Our designated couriers will make up to 4 phone calls to schedule the delivery time slot with you. Additionally, they will attempt delivery up to 3 times before the order is considered canceled.

 

  1. Cash on Delivery:Orders payable by cash on delivery will incur an additional AED 25 delivery fee, payable upon delivery. Please note this additional charge, when opting for cash on delivery payment method. 

 

 

 

RETURNS POLICY

Conditions for Return:

  • Timeframe: Returns must be initiated within 15 days of delivery of the Order.
  • Non-Returnable Items: Certain items specified as non-returnable in the item description page cannot be returned, unless:

You received the wrong item in your Order.

               The item was received damaged, subject to FIVE MODE’s approval.

 

Qualification for Refund:

  • To qualify for a refund, all items in the Order (including promotional or complimentary gift items) must be returned to us in the following conditions:
  • Condition: Unaltered, unused, and in their original condition.
  • Packaging: In their original packaging/box/dust-cover with all brand and product labels/tags/instructions attached.
  • Authenticity: Authenticity cards, if provided, should also be returned.
  • Swimwear: Swimwear must have the original hygiene liner attached.
  • Confirmation: Accompanied by the original Order confirmation.

 

Return Methods:

  • Items can be returned by:

Return Label:

  • Remember to complete and include the returns label received with your Order package to avoid processing delays.

 

Processing Time:

  • We aim to process returns within 3-5 business days of receiving the package. Refunds will be issued to the original form of payment unless stated otherwise.

 

Guest Orders:

  • If you placed the Order as a guest, you must register as a user to request a return online.

 

Store Credit:

  • Store credit is valid for 6 months from the issue date.

 

Return Policy Monitoring:

  • We reserve the right to monitor return behavior and may close your FIVE MODE account or limit future orders if return behavior violates our policy. This does not affect any consumer rights under UAE laws.

 

EXCHANGE POLICY

 

Conditions for Exchange:

  • You can exchange an item for a different size only if it's the same product. Exchange order is created after return approval.
  • In case there are any technical difficulties during the creation of the exchange order following the return process, you will receive store credits, regardless of the initial payment method used.
  • Exchange request can be cancelled at any point.
  • Items cannot be exchanged multiple times.

    DAMAGED GOODS AND WRONG ITEMS

    • If an item in your Order is received damaged or is not the item you ordered, you can arrange to return the item to us by following our returns process. The item must be returned to us in the same condition you received it in, within 15 days of delivery of the Order to you. Subject to being satisfied that the item was in fact damaged, we will issue you a full refund including, where applicable, original Order delivery charges, cash handling fees, taxes and any duties. We may replace the faulty item at your request and deliver to you a new item free of any delivery charge.

     

    LANGUAGE

    • These Terms of Service are published in English.

     

    ILLEGALITY

    • If any provision of these Terms of Service is held to be illegal or unenforceable, the remaining Terms of Service (or parts thereof) will not be affected and will remain in full force and effect.

     

    NO IMPLIED WARRANTIES

    • Except as otherwise provided in these Terms of Service or required by applicable law, we make no promise, representation, covenant or warranty and offer no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of any of the products sold through the Website. Your use of any products purchased from the Website is at your sole risk and it is provided on an "as is" and "as available" basis.

     

    DESCRIPTIONS

    • At the time of publication on our Website, all product descriptions are believed to be accurate. We also strive to represent the products on our Website as accurately as possible. However, we may be restricted by the descriptions of the products provided by the brands. Colours, sizes of the products, resolution of the images may vary. All measurements and weights provided are approximate.

     

    PRODUCT LIABILITY

    • By placing an Order through our Website, you acknowledge and agree that the liability for the products rests with the manufacturer and that, to the extent permitted by applicable law, we carry no liability for the supply of those products save as described in the Returns section in relation to returning damaged products and refunding the price paid (where applicable). Customers are expected to reasonably inspect any items purchased from the Website upon receipt.

    WEBSITE TERMS OF USE

    REGISTRATION AND ACCOUNT HANDLING

    1. To take advantage of the features and services of this Website, you can either use the Website as a "guest" or create an account and register your details with us. It is your ongoing responsibility to make sure that any personal and payment details you provide to us are valid, accurate and complete. You can update your details by email fivemode@fivehotelsandresorts.com.

    You must keep your account details and password information confidential and secure. It is your responsibility to protect the privacy and safety of your account, for restricting access to your computer, and you agree to accept responsibility for all activities that are carried out through your account or password. Our customer service agents will never ask you for your password. We are not responsible for any loss suffered through misuse or negligent handling of those details.

    You should notify us as soon as possible if you believe your account has been compromised. By registering or placing an Order through our Website, you warrant that you meet the eligibility criteria and that the information you provide us is yours and is accurate in all respects. Commercial entities are not eligible to register with us. We reserve the right to suspend or delete your account if we reasonably believe that you have violated any of these Terms.

    PRIVACY

    Please refer to our Privacy Policy here for details on how we protect your privacy and handle your data. 

    ELECTRONIC COMMUNICATION

    1. When you create an account on our Website or subscribe to our services, you consent to receiving e-mails, text messages, mobile push notifications, and other forms of electronic communications from us in order for us to supply those services to you. We may sometimes send you offers or marketing communications if you have opted-in to receive promotional content. If you wish to no longer receive marketing communications, you can email us at fivemode@fivehotelsandresorts.com.

    THIRD PARTY SITES

    Our Website may include hyperlinks to other websites or resources operated by third parties. We are not responsible for the content or accuracy of any pages that are not on our Website or their availability. We do not endorse and are not liable, directly or indirectly, for the privacy policies of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

     

    CONTENT

    In addition to the Intellectual Property Rights mentioned below, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text available on this Website. We have made every effort to ensure that the information on the Website is accurate and complete but we cannot promise that the Content is error-free. We also do not promise that the functional aspects of the Website or Content will be error free or that this Website or the servers that make them available are free of viruses or other harmful components. We always recommend that you have up to date virus checking software installed. We reserve the right to refuse service, terminate accounts, remove or edit content, withdraw any products or items from our Website, or make any other changes to our Website at our own discretion. We may implement updates to the Website at any time and without notice to you.

     

    USER GENERATED CONTENT

    By providing a review you agree to be solely responsible for the content of all information you contribute. You also grant us a right to use any content you provide for our own purposes including republication, translation, editing, copying and distributing the information in any form or media. We shall be under no obligation (i) to maintain any information in confidence; (ii) to pay compensation for any information; or (iii) to respond to any comments or information. Comments may be moderated and may not be displayed immediately but we do not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please contact us here.

    You agree that your comments will not violate any right of any third party, including copyright, trade mark, privacy or other personal or proprietary right. You further agree that your comments will not contain defamatory 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 Website. We reserve the right in our sole discretion not to publish or to remove any comment including those that we believe may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, or improperly uses the medium for promoting and advertising businesses.

    INTELLECTUAL PROPERTY RIGHTS

    Your use of the Website and its contents does not grant you any copyright, design, trademark or other intellectual property rights relating to the Content, including our software, HTML or other code contained in the Website. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Website is typically protected by national and international intellectual property laws and treaties. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, linking, commercially exploiting, copying and use of the above listed materials on any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use. No right, title or interest in any downloaded Content is transferred to you as a result of such downloading or copying. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with our Website, whether in whole or in part.

     

     

     

    INDEMNITY

    You agree to defend, indemnify and hold us, our directors, agents, affiliates, licensors and suppliers harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Website and/or any acts or omission in breach of any provision of these Terms.

    NO WAIVER

    Any failure to exercise or any delay by either party in exercising its rights or remedies under these Terms shall not be construed as a waiver thereof. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law.

    ENTIRE AGREEMENT

    You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any items through the Website, and supersede and govern all prior proposals, agreements, or other communications.

     

    DISPUTES AND GOVERNING LAW

    These Terms are governed by the federal laws of the United Arab Emirates and the laws of the Emirate of Dubai and all disputes arising out of or in connection with these Terms are subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.

    Returns Process

    Items can be returned by arranging collection from your delivery address by either:

    1. Contacting us by calling our UAE toll free number +971 04 247-5252.
    2. Logging into the My Account/Order History section of the Website.

    REFUND PROCESS

    Refunds will only be processed after the item/s returned have been approved. After approval, we will issue a refund of the full-face value of undamaged items duly returned (excluding, where applicable, the original delivery charges and cash handling fees).

    Your refund will be processed via the following methods:

    1. Cash on Delivery payments are refunded as store credit.
    2. In case you opt for store credit, the full refund value will be credited to your FIVE Mode account after the item/s returned have been approved and you will be able to use such refund value for your future purchases on FIVE Mode without any time limit. Therefore, you will not see a refund on your bank statement account as the refund value will not be transferred to your issuing debit or credit card bank.
    3. If you have paid using Tabby, Tamara or Post-pay, your refund will be processed in accordance with the vendor's terms and conditions.

    SHIPPING & DELIVERY

    GENERAL DELIVERY CONDITIONS

    Although we are strongly committed to delivering in the timelines estimated in our Order confirmation or displayed on our Website or above, delivery timelines are estimates only. Time shall not be considered of the essence. Timelines start from Order confirmation. However, if we have not delivered your Order within 30 days of Order confirmation, we will provide you with a full refund. We are not responsible for failures to deliver for reasons outside our reasonable control, including where you are not available to take delivery of your Order or request postponement.

    Orders are delivered daily excluding UAE public holidays. It is your duty to ensure that provided address is correct in order to prevent any delays.

     

    ADDRESS CHANGES & TRACKING

    Our Customer Care team will be happy to assist with changing your preferred delivery date and address should you require. However, if you have received an email informing you that your order has been dispatched, we won’t be able to change your address. Please note that a change to an address outside of the original delivery country will not be possible.

    A tracking number will be provided by email once your order is confirmed. You will then be able to use the tracking number to track your order.

     

    CONTACT US:

    Company Name: Five Mode FZ LLC

    Complete Office Address: Compass Building, Al Shohada Road, AL Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates

    Country-UAE

    P.O Box No: 6438

    Contact Number: +971 04 247 5252

    Email Address: Fivemode@fivehotelsandresorts.com