These General Terms and Conditions of the Garment Design & training Services Center (hereinafter referred to as “Bokeh-Fashion.com”, “Bokeh-Fashion” or “the platform”) apply to all contracts closed by Bokeh-Fashion concerning the purchase of goods by consumers from suppliers (hereinafter referred to as “vendors” or “the vendor”) and will come into effect on 31st December 2023.
1. General
2. Pricing and Contract conclusion
3. Products and Product Photography
4. Work Processes, Equipment and Software
5. Delivery
6. Terms of Payment
7. Returned Items
8. Discounts and Vouchers
9. Liability
10. Marketability of Goods
11. Quality Defects, Claims and Complaints
12. Rights of Third Parties
13. Intellectual Property Rights
14. Subcontractors or Other Third Parties
15. Use of Data and Confidentiality
16. Choice of Law and Place of Jurisdiction
By registering as a vendor on Bokeh-Fashion.com, the vendor agrees to be bound by the Terms and Conditions set out herein. The vendor should make sure to read and understand the Terms and Conditions before registration.
These Terms & Conditions shall also apply to all future contracts concerning the purchasing of goods by any consumer via Bokeh-Fashion.com with the same vendors without the platform having to refer to them in every individual case.
The platform reserves the right to amend these Terms & Conditions from time to time without prior notice. The version of the Terms & Conditions that will apply to a contract will be those on Bokeh-Fashion.com at the time of the conclusion of the contract. The vendor will be informed in case the conditions change so that they can accept and confirm.
Any legally significant declarations and notices to be submitted to the platform by the vendor upon conclusion of the contract shall be made in writing in order to be effective.
By registering as a vendor on Bokeh-Fashion.com, the vendor agrees to the processing of any of its data including, but not limited to, the sharing of its contact details with our service providers (such as logistics companies) and/or the publishing of such details on the website.
The contracting party for orders placed by consumers via Bokeh-Fashion.com is the vendor.
The prices for products offered for sale on Bokeh-Fashion.com must be inclusive of Sales Tax.
Agreed contractual conditions such as delivery times, delivery quantities, article characteristics, article qualities and prices as offered on Bokeh-Fashion.com to the consumer at the time of order placement shall be binding.
Agreed prices include all additional costs (e.g. packaging, inspection, administration and customer service).
Services performed by the vendor in addition to the agreed services shall only be remunerated with the prior consent of the platform.
The prices applied to products offered on Bokeh-Fashion.com must not be higher than those offered by any other website or physical store for the same product.
The platform reserves the right to reject any product or product image that it deems to be inappropriate for the Bokeh-Fashion.com platform.
The vendor agrees to make available (at his own cost, including transport cost) a representative sample (in all available colour ways) to a photographer nominated by the platform within a reasonable time in advance of offering a product for sale on Bokeh-Fashion.com. In some cases when needed, the vendor agrees to pay a fee per product for this service to the photographer nominated by the platform.
The organisation may at its own discretion also require the vendor to provide product images and these must be in accordance with the image requirements communicated with the vendor by the platform.
Any legal implications arising from errors, omissions or infringements relating to brand registration/ownership or intellectual property rights are the responsibility of the vendor.
Any issue, return, complaint or claim arising from the provision or upload of incorrect product images and/or specifications will result in a 5 Dinar fine.
The vendor agrees to follow all workflows and processes (including the provision of information) as determined by the platform as being necessary for the proper use of the Bokeh-Fashion platform and fulfilment of orders to the consumer. This includes the purchase or license of any equipment or software deemed necessary to perform the actions required of the vendor.
The vendor may only offer products on Bokeh-Fashion.com that can be delivered to the consumer within a maximum of four working days of order placement. The vendor must amend product information in a timely manner when items become out of stock and/or stock availability information changes.
The distributor will call the vendor on the third day after order placement to arrange to pick up. Should the item(s) not be ready for pick up by the distributor by the fourth day, the platform will issue a compensatory voucher to the consumer and the vendor will be fined 10 Dinars.
The Vendor must inform the platform immediately by telephone and subsequently by email if, for any emergency situation, it expects that it cannot meet the agreed delivery time or period.
Partial deliveries shall only be admissible after prior approval from the platform.
In the case of delivery of an incorrect item, the platform will issue a compensatory voucher to the consumer and the vendor will be fined 5 Dinar.
The vendor agrees to the exclusive use of the contracted distributor by GSC (hereinafter referred to as “the distributor”) for all transportation of goods within the Hashemite Kingdom of Jordan under the contractual terms agreed to between the platform and the distributor.
Should the consumer be refunded the cost of the product for whatever reason (for example defective items or wrong item sent), the pick-up costs of the returned item will be charged to the vendor. In case of non-delivery to the consumer of a Cash on Delivery order, the vendor will not be compensated for the pick-up costs.
The risk of accidental loss and accidental deterioration of the delivery shall not be transferred to the distributor until the handover to the distributor.
Payment of the products purchased by the consumer shall be to the platform. After delivery to the consumer the platform shall pay the price of the goods to the vendor by bank transfer.
Within no more than 30 days of the consumer having received the item(s), payment will be made to the vendor and a facilitator’s fee of 25% will be deducted by the platform for services provided.
In the case of returned item(s), the product purchase cost of the returned item(s) will be deducted from the total amount transferred.
In the case of a replacement order, the vendor agrees to be invoiced for the full transport costs involved in fulfilling the replacement order separately by the distributor. The platform will pay the vendor for the original order in full for the replacement portion of the order within no more than 30 days of the consumer having received the replacement item(s).
In the case of partial deliveries, the last delivery shall be considered, unless the parties have agreed otherwise.
The platform’s issuing the transfer instruction to the bank/credit institution shall determine the timeliness of the payment.
The platform shall only be in default after the vendor has sent a reminder, unless otherwise agreed. The vendor shall only be entitled to set-off or retention rights if counterclaims have been legally established or are undisputed.
The product remains the property of the vendor until payment has been made by the platform to the vendor.
The platform does not have a return policy. The exception is if the product sold is defective or the wrong product is sent to the consumer.
The vendor bears the direct costs of returning these products.
If any item within the vendor’s order is returned or is claimed to be defective, payment for the other items within that order may be withheld until such time as the return and/or replacement is finalized.
The platform cannot be held responsible for inaccuracies between items reported as returned by the customer and actual returned items. Any dispute should be resolved following the usual complaints / disputes process within which the platform acts solely as intermediary between the consumer and the vendor. If a vendor has a claim or complaint it should address these to the platform by email at service-bokeh@gsc.com.jo and not to the consumer.
The platform reserves the right to offer certain promotional or compensatory discounts and vouchers on behalf of vendors to consumers.
The platform will offer to the consumer “end of season” discounts for any product(s) offered on the platform up to a maximum of 20% discount. These discounts will be paid for by the vendor and will be deducted from the payment to the vendor. The vendor, by accepting these Terms and Conditions, agrees to the implementation of these discounts.
Any other promotional vouchers or discounts should only be offered subsequent to discussion with individual vendors.
In the case of a customer complaint or defective item, the platform has the right to require a vendor to issue and pay for a compensatory voucher up to a maximum of 10 Dinar, redeemable against any order for any vendor.
Vendors are able to adjust their prices downwards at any time by adding a Sale price. Alternatively, a vendor can create its own coupons and offer a special discount on any of its products at its own discretion.
Should a vendor require any brand or product specific promotion on the platform, a fee would be payable to the platform separately and should be discussed individually.
The platform is not responsible for any claims from the consumer relating to inaccuracies, loss, damage, personal injury or delay. This responsibility rests solely with the vendor.
The Garment Design & training Services Center explicitly opposes any limited liability or guarantee clauses belonging to the vendor.
Unless otherwise agreed, the vendor is obliged to deliver to consumers via Bokeh-Fashion.com only such products which comply with the legal conditions, the latest state of the art and the agreed product specifications. The product should comply to all reasonable industry standards. The goods must be freely marketable. In particular, both the goods themselves and their packaging must comply with any provisions concerning placing goods on the market, any recognized technical rules and the respective industry standards. In particular, this includes any material and labelling regulations and limit values.
All products must be conform to the specifications and descriptions as presented on Bokeh-Fashion.com at the time of order placement and must be packaged in such a way that they are properly sealed and can withstand transportation.
If the vendor violates an obligation relating to the above paragraphs, the legal consequences shall be governed by the local and/or legal provisions for material or legal defects, unless otherwise stipulated in these Terms & Conditions.
If the vendor violates an obligation relating to the above and the platform is subsequently held liable by third parties, the vendor undertakes to indemnify the platform against these claims upon first written request.
A notification of defect by a consumer shall be deemed to be immediate and timely if it is received by the vendor within five working days of discovery of the defect(s). Further legal rights of both the consumer and the platform shall remain unaffected.
The costs incurred by the vendor for the purposes of inspection and/or replacement shall be borne by the vendor even if it turns out that no defect actually existed. The liability of the consumer or of the platform for damages in the event of any unjustified claims for rectification of defects remains unaffected; as such the consumer shall only be liable if they have recognized or through gross negligence failed to recognize that no defect existed and the platform shall not be held liable for any damages under any circumstances.
If the vendor delivers defective goods, or goods not complying to the consumer’s reasonable expectations, the consumer is entitled to refuse their acceptance. If the consumer has already accepted the goods, the vendor undertakes to take back the defective goods in the context of rectification.
In the event of product defects, the vendor agrees to offer a replacement where possible and agrees to pay the associated transport costs of the replacement item(s) to the consumer in full should the consumer wish to receive the replacement.
In case the consumer has a complaint or makes a claim, they will be advised to contact the platform who will act as intermediary for resolution. The vendor does however accept that the platform shares its contact details on Bokeh-Fashion.com.
The platform reserves the right to remove a vendor’s right to sell products via Bokeh-Fashion.com based on repeated negative consumer feedback and/or non-compliance with the obligations as set out in these Terms & Conditions.
The vendor shall guarantee that the contractual services are free of rights of third parties. If a third party asserts claims against the platform because the contractual services infringe its rights, in particular its property rights (for example, copyright or patent rights), the vendor shall indemnify the platform against these claims and all expenses associated with any defence against these claims. The vendor bears full liability in case of any legal action based on such infringement.
The obligation to indemnify shall exist irrespective of whether the claims were raised justifiably or not. It is pointed out that in the case of unjustified claims, the vendor is free to take recourse against the third party who has asserted the claims.
The platform shall inform the vendor immediately of such claims which have been raised against the platform.
Upon creation and without separate remuneration, the vendor grants the platform non-exclusive, perpetual and unlimited rights of use to the work result – including all known and/or future rights of use and exploitation at the time of the conclusion of the contract. This includes, but is not limited to, the following types of use:
Unless otherwise stipulated in the individual contract, the vendor shall only be entitled to use subcontractors or other third parties (‘Subcontractors‘) only after the platform’s prior written consent.
The vendor shall remain fully responsible for the performance of the contractual services even if Subcontractors are used. This assignment shall not lead to a deferment or other restrictions of the Supplier’s obligations.
The vendor must use all data, documents, materials and other objects provided to it by the platform in electronic or physical form (‘Information’) exclusively for the fulfilment of its contractual obligations. The platform reserves all property right, copyrights and industrial property rights. In particular, the vendor is not authorized to disclose or make this Information available to third parties without prior written consent of the platform. The platform shall have the right to demand from the vendor the return or deletion or destruction of all Information in the vendor’s possession within a reasonable period of time set by the platform at the vendor’s own expense and risk.
The obligations under the above paragraph shall not apply to Information which is accessible or made available to the general public without breach of the obligations under this Agreement or if the data must be disclosed by the vendor in accordance with the order of a court or an administrative or government authority.
For these Terms & Conditions and all legal relationships between the platform and the vendor, the law of the Hashemite Kingdom of Jordan shall apply.
Amman shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
