Terms & Conditions

OUR SITE
Who we are and how to contact us.

http://www.gothelist.com, is a site owned by The List Limited ("We", “Us” and “Our”). We carry out business through Our subsidiaries and affiliates on a global basis. Unless otherwise stated, these terms and conditions govern the use of Our site and any other sites, sub-domains, applications and/or digital tools developed, owned or used by Us on or in relation to the same.

If you (“You’) have any questions or comments, or wish to complain about any content on Our site, please email Us at [email protected] or contact Our customer phone support as displayed on Our website.

By using Our site You accept these terms.

Please read these terms and conditions carefully to make sure that You understand them before using Our site. By using Our site, You confirm that You accept these terms and conditions of use and agree to comply with and be bound by them in all respects without limitation. If You do not accept these terms and conditions, or are not able to create a legally binding agreement, whether by age or otherwise, You should stop using Our site immediately.

We may make changes to these terms.

Please re-visit these terms and conditions each and every time before using Our site to ensure that You have reviewed the latest version of these terms and conditions as these terms and conditions may have changed. We reserve the right to make any changes to these terms and conditions without prior notice to You. By continuing to use Our site, You agree to be bound by any changes We have made and accept full responsibility for updating Yourself of such changes accordingly.  

User-generated content is not approved by us.

This website may include information and materials uploaded by merchants and other users of the site. This information and these materials have not been verified or approved by Us. The views expressed by other users of Our site are not endorsed by Us, nor do they represent Our views, values or opinions.

Do not rely on information on this site.

The content on Our site is provided for general information only. Although We make reasonable efforts to update the information on Our site, we make no representations, warranties or guarantees, whether express or implied, that the content on Our site is accurate, complete or up to date, nor is it intended to amount to advice on which You should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content thereof.

We are not responsible for websites We link to.

Where Our site contains links to other sites and resources, these links are provided for Your information only. Such links should not be interpreted as approval by Us of those websites or the information You may obtain from them. For the avoidance of doubt, We have not reviewed, controlled or examined these in any way. We have no control over the contents of those sites or the resources on them. We shall in no way be liable for any damage or liability arising out of or in relation to the same.

Providing links to Our site.

You may provide a link to Our home page, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out by Us from time to time. Notwithstanding the foregoing, You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists. You must not establish a link to Our site in any website that is not owned by You. Our site must not be replicated on any other site, nor may You create a link to any part of Our site other than Our home page. We reserve the right to withdraw linking permission without notice and request You to remove any link at Our sole discretion. If You wish to link to or make any use of content on Our site other than that set out above, please contact [email protected]

Jurisdiction.

We do not represent or warrant that the content of Our site is appropriate for use in all jurisdictions worldwide. We are responsible for compliance with local laws in the United Arab Emirates, the use of Our site in any other jurisdiction is at Your own risk. 

We are not responsible for viruses and You must not introduce them.

We do not guarantee that Our site will be secure or free from technology related bugs or viruses. You are responsible for configuring Your technology, computer programmes and platform to access Our site and should use Your own virus protection software.

You must not misuse Our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our site, the server on which Our site is stored or any server, computer or database connected to Our site. You must not attack Our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use Our site will cease immediately.

Your responsibility.

You are responsible for ensuring that all persons who access Our site through Your internet connection are aware of these terms and conditions and all other applicable terms and conditions as referred to herein and comply with the same.

We may make changes to our site.

We may update and make changes to Our site from time to time to reflect changes to Our products, Our services and/or Our business priorities. Such changes shall be at Our sole discretion. We will try to give You reasonable notice of any major changes but under no circumstances are We obliged to do so nor do We accept any responsibility resulting therefrom.

We may suspend or withdraw Our site.

We do not guarantee that Our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our site for business and/or operational purposes. We will try to give You reasonable notice of any suspension or withdrawal but are under no obligation to do so.

There are other terms that may apply to You.

These terms and conditions may refer to additional terms which also apply to Your use of Our site and which shall be deemed incorporated herein by reference.

OUR SERVICES
Trading platform.

You agree and acknowledge that We are an e-commerce platform where You are able to purchase items directly from various third party merchants. Nothing in these terms and conditions is intended to create a partnership, joint venture, or agency relationship between Us and any third party merchant.

Transaction process.

The sale and purchase of products through Our site shall following the following process:

Step 1. The merchant creates an account which allows the merchant to sell their products and services on Our site.

Step 2. The merchant uploads the products it wants to sell with all of its details to Our site or We do it on their behalf with the data and digital content which they have provided to Us.

Step 3. You create an account on Our site which will provide You access to Our site and the merchant pages.

Step 4. You select the product You wish to purchase and can pay in three ways: 1) direct-purchase, where the amount is determined in advance, 2) offer-purchase where You make an offer which the merchant can accept or counter offer or 3) price-on-request, where You request the price and the merchant provides You with the price. In each case We collect the money from You for and on behalf of the merchant (solely as the intermediary in this transaction) and transfer it to them as set out below.

Step 5. The product will be shipped to You using one of two options: 1) either the merchant chooses to use its own shipping method and ensures that it has the required insurance, remaining fully liable for the product until it reaches You; or 2) the merchant uses Our preferred shipping partner, DHL Express, which is both an express services and insured. If the merchant chooses Our preferred shipping partner, the merchant must follow DHL’s shipping instructions. In both cases please note that We disclaim any and liability associated with the shipment of products purchased on Our site.

Contract between You and merchant.

A legally binding contract for sale and purchase of goods is completed at the time of purchase between You and the merchant. We are not party to that agreement and hereby expressly disclaim any liability for the items purchased or services provided by any third party merchant. For the avoidance of doubt, We are not responsible for the actions of any third party merchant, the prices which they set, the products they provide, their actions or the ultimate arrangement entered into between You and them.

Irrevocable Offer.

By making an offer to purchase a product, You are making an irrevocable offer to pay the price of the product, all Taxes (as defined in Fees & Payment) the merchant is required to pay on such product, and the shipping fees associated with sending the product. By accepting Your offer, the merchant is agreeing to sell you the product for the aforementioned price.

Availability.

In the event You have successfully purchased a product but there has been an error in the availability of such product, the merchant shall have the right to cancel the sale at no penalty to either party. But if You and the merchant agree on the sale and purchase of a new product, including the overall fee, this will form a binding contract between You and the merchant. An offer to purchase cannot be canceled or revoked unless agreed to between You and the merchant.

No involvement.

You agree that We will not be liable in any way whatsoever for any damages which arise or may arise out of a dispute between You and a merchant. We will use Our reasonable commercial endeavors to assist in these cases but ultimately it is Your responsibility to settle any and all such disputes. If We incur any costs in assisting You and Your dispute with a merchant, You agree to fully indemnify Us for all costs and to fully release Us from any liability relating to the same.

FEES & PAYMENT
Transaction Fee.

We charge a transaction fee for all purchases made through Our site. We reserve the right to amend Our transaction fee from time to time at Our sole discretion without prior notice to You. 

Taxes.

You are responsible for paying all taxes, VAT, export and/or import taxes, duties and all transactional taxes related to the purchase of each product through Our site. You shall pay such taxes as the merchant is required to collect, but if the merchant fails to collect such taxes You still have an obligation to pay them upon demand.

We collect payment.

We collect payment for and on behalf of the merchant once You choose a product and all of the applicable fees have been established. We use third party payment gateways and are not liable for any loss caused. You agree to bring all claims You may have directly against this third party payment provider and indemnify us for any and all costs that we may incur as a result of or associated therewith.

Remittance of payment upon sale.

Immediately once You have chosen to purchase a product and the merchant has agreed, You will be required to remit the full price for which the product is being sold (including Taxes and shipping fees). In the event a reserve was required, this amount shall be credited against the amount which You owe.

Right to charge.

You hereby expressly consent to Us charging Your credit card and/or other payment method for the allocated amount. If You cancel a payment made on Your credit card for a corresponding product and fail to make payment for such product through alternative means, You shall remain liable to the merchant for the full purchase price thereof. 

Withholding.

We have, and hereby reserve, the right to withhold any funds owed to You and cancel any transaction without any further obligation to You, if You are in breach of these terms and conditions. You hereby also authorize Us to use any funds to offset any indemnity owed by You under these terms and conditions.

THE PRODUCTS
Title.

Title in a product shall pass to You upon completion of payment for the product. It shall be Your responsibility to inspect the product upon delivery.   

Products sold “as is”.

All products displayed on Our site are sold "as is". Neither Us nor the merchant makes any guarantee, warranty or representation, whether expressed or implied, in respect of any product, including but not limited to, its condition, merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance or otherwise. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation. We make no representation or warranty as to whether You acquire any reproduction rights or other intellectual property rights in the product that You purchase.

Information provided by the merchant.

It is the merchant’s responsibility to provide information and descriptions which are accurate and up to date. We expressly exclude any and all liability for any information provided by a merchant, whether pertaining to a product, service, or otherwise. We reserve the right to correct any mistakes or inaccuracies that come to Our attention regarding such information and intervene in any sales between You and a merchant which We believe in Our sole opinion, should be interrupted but We are not obliged to look for or find such mistakes or inaccuracies where they exist.

Import/export restrictions.

While Our system tries to only permit You to shop for items that are possible to export out of the country where they are sold and import these into the country You are requesting them to be sent to, We cannot and do not guarantee that this system is without flaws or that there will not be instances where this will not be accurate. Some of the products sold on Our site may require specific permits for import and export. Neither Us nor the merchant makes any representation, warranty or guarantee that the products will be permitted into the destination country nor do We accept any responsibility for the requirement, availability, or issuance of a valid export and/or import permit. If a product is You have purchased is unable to reach You and is returned to the merchant, You will be refunded.

Returns/Refunds.

Each merchant will have their own refund and return policy which You must make Yourself aware of before purchasing any products on Our site. You are bound by the terms of the merchant’s refund policy and the Merchant, may in their sole discretion, change their policy from time to time. You understand that some of the products listed on Our site are one off pieces which are rare in nature and therefore not subject to any return or refund. You agree to pay all related shipping fees, taxes or any other fee related to the return of the product.

CUSTOMER ACCOUNT
Data collection.

By creating an account with Us, You fully understand and consent to the collection and processing of the information which You provide.

You must keep Your account details safe.

If You choose, or You are provided with a user identification code, password or any other piece of information as part of Our security procedures, You must treat such information as private and confidential. You must not disclose such information to any third party and You must ensure that only those who have a need to know such information, such as employees, contractors or agents who require access to Our site, have Your user identification code, password and/or other information. You will ensure that these individuals are aware of the content of these terms of use and agree to be bound by them before using Our site. 

Right to restrict access.

We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of these terms and conditions. We may also refuse service to anyone at Our sole discretion and will not be liable for the removal of any user from Our site and/or any transaction which has not been completed because a user’s access has been denied. 

If You know or suspect that anyone other than You knows or is using Your user identification code or password without Your consent, You must promptly notify us at [email protected].

Obligations.

As a customer on Our site, You have the following obligations:

  • That You are over the age of 18 years old or such other legal age to be able to enter into this agreement in Your country of residence;
  • That You will deal with all merchants in a professional manner;
  • That You will not do anything that my harm Our reputation or damage Our business;
  • That You will comply with these terms and conditions and any other reasonable instructions we may give from time to time;
  • That You will provide accurate and up to date account information at all times while using Our services;
  • That You will fully indemnify Us for any dispute that arises out of Your relationship with the merchant; and
  • That you will fully release Us from any liability that may arise from Your use of Our site.

If any time you become aware that You are not able to uphold any of these obligations please stop using Our site and deactivate Your account.

INTELLECTUAL PROPERTY
Intellectual property of Our site.

We are the owner of all intellectual property rights in Our site and the material published on it. All such rights are reserved. Our status (and that of any identified contributors) as the authors of content on Our site must always be acknowledged.

No license granted.

The use of Our site does not grant You a license to its content. As such, You must not use any part of the content on Our site for commercial purposes, modify, distribute or alter in any way, any of its content without Our express written consent. You may not download, save or copy any of the content on Our site without Our prior written consent. If You fail to adhere to these provisions, You may be in breach of intellectual property laws and/or regulations and liable for the same.

If You print off, copy or download any part of Our site in breach of these terms and conditions of use, We reserve the right to suspend Your access to Our site immediately, start legal proceedings and require You to return or destroy any copies of the materials You have made.

Information provided by You.

Any content You upload to Our site will be considered non-confidential and non-proprietary. You retain all of Your ownership rights in Your content, but You grant us, other users of Our site and Our third party partners a limited license to use, store, copy, distribute, process and otherwise make available, that content for the purposes of this agreement.

Right to disclose.

We have the right to disclose Your identity to any third party who is claiming that any content posted or uploaded by You to Our site constitutes a violation of their intellectual property rights or their right to privacy. We also have the right to disclose any personal information of Yours as is required by law or appropriate governmental authority.

COMPLIANCE
Local Compliance.

Whenever You make use of a feature that allows You to upload content to Our site, or to make contact with other users of Our site, You must comply with all laws applicable in Your country as well as those applicable in the United Arab Emirates.

Prohibited Conduct.

Our site may only be used for lawful purposes by individuals authorised to do so. You are responsible for Your own use of Our site, including but not limited to, any information or content uploaded, posted, communicated or relayed. You may not use Our site to encourage the use of any payment mechanism which is false or inaccurate, to impersonate another person, to partake in or encourage any act which is offensive or a criminal offence, which infringes on any intellectual property right, right to privacy and/or other right of a third party, to transmit illegal or offensive content, to interfere with Our site, its security or any network connected therewith. 

Right to remove.

We reserve the right to remove any information and materials posted to Our site. You are solely responsible for securing and backing up Your content. If We request that You remove any information whatsoever, You are obligated to do so within one (1) working day. If You do not comply with Our request, We may close or restrict Your access to Our site and/or remove the content Ourselves.

LOSS OR DAMAGE SUFFERED BY YOU
Indemnity.

By using Our site You agree to defend, indemnify and hold Us harmless from and against all claims, liabilities, damages, costs and expenses (including reasonable attorney fees) in anyway arising from or related to the use of Our site, including but not limited to, the purchase of any product, the nature or quality of the products, disputes with a merchant, violation of law or any content associated therewith and/or any claims brought by merchants or third parties in relation to Your use of Our site.

Exclusion of liability.

We exclude all implied conditions, warranties, representations or other terms that may apply to Our site or any content on it including but not limited to any representation or warranty with respect to the delivery of a product, the intellectual property rights of any product, the description of a product, its fitness for purpose, merchantability or title. No information or materials shall be deemed to have created a warranty unless expressly provided for in writing. If You are dissatisfied with Our site, it is Your responsibility to stop using it.

We do not exclude or limit Our liability to You in any way where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Consequential losses.

We will not be liable to You for any direct or indirect loss, damage, liability, cost, expense or otherwise, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • the use of, or inability to use, Our site;
  • use of or reliance on any content displayed on Our site;
  • arising out of or in connection with these terms and conditions of use.

In particular, We expressly disclaim any liability for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

Limitation of liability.

To the extent that Our liability cannot be excluded as mentioned above, our total liability for any claim whatsoever shall be the fee We collect for the purchase of the item which lead to the dispute.

ARBITRATION

Any dispute arising out of or in connection with these terms of use, including any question regarding its existence, validity or termination, 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.

The governing law of these terms of use shall be the substantive law of England.

GENERAL
Headings.

The headings and subheadings used in these terms and conditions have been used for convenience and ease of reference and shall not be used to construe or interpret the provisions of these terms and conditions.

Severability.

If any provision or portion of these terms and conditions are held to be invalid or unenforceable by a court of competent jurisdiction or by operation of applicable law, that provision or portion of these terms and conditions shall be deemed omitted and the remaining provisions shall remain in full force and effect.

Waiver.

No waiver by Us of a right or default under these terms and conditions permitting shall be effective unless in writing. No such waiver shall be deemed a waiver of any subsequent right or default of a similar nature or otherwise.

Remedies Cumulative.

Unless otherwise provided, the remedies provided for in these terms and conditions are cumulative and non-exhaustive.

Entire agreement.

These terms and conditions constitute the entire agreement between the parties and it supersedes all prior negotiations and representations concerning the subject matter hereof.

Our platform automatically adds VAT/ duties / taxes etc. but they are responsible for checking and paying the correct amount. ;Will be displayed on our site before checkout on which they agree to and have to acknowledge when checkout.

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