Terms & Conditions

FitCheck is an online platform where people in the United Arab Emirates can list pre-loved fashion for sale and others can buy it. When a listed item is ordered, FitCheck buys it from the person who listed it and sells it to the buyer. These Terms constitute a binding agreement between you and FITCHECK - L.L.C - S.P.C (hereinafter be referred to as "FitCheck", "the Company", "we" or "us") trade license no. CN-6616252, licensed in the Emirate of Abu Dhabi, United Arab Emirates.

By creating an account and clicking "I Accept" you have entered into a legally binding, fully enforceable contract with FitCheck, and agree with its Terms and Conditions.

CONTENTS

1 Who can use FitCheck

2 Listing items and selling to FitCheck

3 Prohibited items

4 Buying: payments, Buyer Protection and returns

5 Shipping

6 Prices, fees and tax

7 Payment to Listers

8 Listers: your warranties, rejected items and recovery

9 Conduct

10 Privacy & personal data

11 Liability; FitCheck's role as seller

12 Changes to these Terms

13 Governing law and dispute resolution

14 Contact

1. Who can use FitCheck

1.1 You must be at least 18 years old. Under UAE law, 18 is the age of full legal capacity, so you must be 18 or older to enter into the contracts that involve FitCheck. We check this at signup using your declared date of birth and may ask for further verification.

1.2 You must have full legal capacity to enter into a binding contract and must not be barred from doing so under any applicable law.

1.3 You must have a valid local UAE delivery address.

1.4 You agree to provide accurate information about yourself and the items you list.

1.5 We may suspend or close your account if you breach these Terms, list prohibited items as per §3 or attempt to defraud another user or FitCheck, subject to any non-waivable rights you may have under UAE law.

1.6Display names.

1.6.1 Your display name is public and appears on your listings and orders. Each display name is unique across FitCheck and is reserved to your account once claimed.

1.6.2 Display names must be between 3 and 20 characters and may contain only letters, numbers, full stops, underscores and hyphens.

1.6.3 Display names must not be obscene, offensive, hateful, or designed to impersonate another person, a brand, or FitCheck itself. We screen display names automatically and may also review them manually.

1.6.4 We may refuse, reclaim or require you to change a display name that breaches §1.6.3, that infringes someone's rights, or that was reserved but never activated. Where we require a change we will tell you why and give you the opportunity to choose another.

1.6.5 If you reserved a display name before launch by joining our waitlist, that reservation is held against the email address you supplied and is not transferable. A reservation does not create an account and may lapse if unused.

1.7Key terms. In these Terms:

1.7.1 "Lister" means a user who lists an item for sale on FitCheck, and "Buyer" means a user who orders an item.

1.7.2 "Listed Price" means the price a Lister sets for an item, which is the price the Buyer pays for the item itself.

1.7.3 "Service Charge" means the amount described in §6, which FitCheck keeps from the Listed Price.

1.7.4 "Purchase Price" means the Listed Price minus the Service Charge. It is the price FitCheck pays the Lister for the item.

1.7.5 "Inspection Window" means the 48 hours after delivery described in §4.3.

1.7.6 "Payment Provider" has the meaning given in §4.1.2.

2. Listing items and selling to FitCheck

2.1How a sale to FitCheck works

2.1.1 When you create a listing on FitCheck, you make a standing offer to sell that item to FitCheck at the Purchase Price.

2.1.2 FitCheck accepts your offer at the moment a Buyer places an order for the item. At that moment a binding contract of sale arises between you and FitCheck for that item, and FitCheck sells the item on to the Buyer.

2.1.3 You may withdraw a listing at any time before a Buyer orders. You may not withdraw it after.

2.1.4 FitCheck buys your item as principal. FitCheck is not your agent, broker or intermediary.

2.1.5 You are supplying goods to a business. Your sale to FitCheck is a commercial supply and not a consumer sale.

2.2When you list an item, you confirm that:

2.2.1 You are the legal owner of the item, or you have the owner's consent and permission to list and sell it.

2.2.2 The item is authentic and accurately described, including condition, size, brand including any and all flaws.

2.2.3 You have photographed the actual item; stock images, AI-generated images and screenshots are not allowed, details on photo specifications can be found in §2.4.

2.2.4 You will dispatch the item within 3 working days of the sale being confirmed.

2.2.5 These confirmations are promises (warranties) that you give to FitCheck each time it buys an item from you. They are set out in full in §8.1.

2.3Pricing:

2.3.1 The minimum Listed Price is 20 AED per item and the maximum is 50,000 AED per item.

2.3.2 The Listed Price is what the Buyer pays FitCheck for the item itself. Shipping (see §5) and the Buyer Protection Fee (see §4.2) are added to the Buyer's total at checkout. The Service Charge is not added on top for the Buyer; it is the difference between the Listed Price and the Purchase Price that FitCheck pays you (see §6 and §7).

2.4Photos and descriptions

2.4.1 You must upload at least one sharp and clear photo of the actual item. This first photo must represent the complete item and will be used as the Cover photo if more than one photo is uploaded.

2.4.2 Photos must not contain personal data (faces, addresses, ID documents or similar).

2.4.3 Photos must represent the item as it is, no image editing is allowed. FitCheck recommends showing any defects, scratches, wear, etc.

2.4.4 Photos must be taken by you for the purpose of posting them on FitCheck.

2.4.5 Photos must showcase your item's authenticity.

2.4.6 Descriptions must be in English or Arabic.

2.5 You may hold up to 200 active listings at any one time.

3. Prohibited items

3.1 The following items are strictly prohibited and will result in the listing being removed and may result in your account being suspended or even permanently banned:

3.1.1 Counterfeit goods; fakes, replicas, "AAA quality", "mirror copies", "inspired by" items. A Lister must never list one, and FitCheck sells every item to Buyers as authentic.

3.1.2 Stolen goods.

3.1.3 Weapons; firearms, knives, swords, pepper spray, tasers, toy guns, or any other object as defined by the UAE's Federal Decree Law No. 17 of 2019 on Weapons, Ammunition, Explosives, Military Material and Hazardous Substances.

3.1.4 Drugs and paraphernalia as defined by the UAE Federal Decree-Law No. 30/2021 on Combating Narcotic Drugs and Psychotropic Substances, including but not necessarily limited to CBD, cannabis in all form.

3.1.5 Tobacco Products and Electronic Nicotine Delivery Systems including vapes, e-cigarettes and other tobacco products as defined in Federal Law No. 15/2009 on Tobacco Control and Cabinet Decision No. 24/2013.

3.1.6 Used and opened cosmetics, fragrances and skincare. Only new, unopened items in original packaging are permitted.

3.1.7 Used underwear bottoms and shapewear with bottom parts. Worn bras, swimsuits, tights and socks must be washed and clearly described.

3.1.8 Used piercing and intimate jewelry.

3.1.9 Real fur, ivory and exotic skins (snake, crocodile, etc.).

3.1.10 Adult / sexual obscene or immoral materials and items.

3.1.11 Digital goods including but not limited to gift cards, vouchers, software licenses, digital downloads, event tickets, cryptocurrencies.

3.1.12 Medication, medical devices, hazardous chemicals.

3.1.13 Recalled or unsafe products, including unsafe baby sleep items.

3.1.14 Electronic devices including but not limited to; smart phones, tablets, computers, laptops, chargers, and power banks.

This list is illustrative, not exhaustive. FitCheck reserves the right to remove any listing it deems inappropriate.

3.2Counterfeit and intellectual-property notices

3.2.1 FitCheck sells each item to the Buyer as authentic and as described. Items travel directly from the Lister to the Buyer by courier, so FitCheck does not physically inspect them before they are sold. We therefore rely on the Lister's warranties (§8.1), on automated screening tools that review listings, on manual review where we choose to carry it out, and on reports from Buyers and rights holders. Screening is for FitCheck's own risk management, is not a verification of any item, and does not reduce any Lister's obligations. If an item turns out to be counterfeit, the Buyer's rights are set out in §4.5 and §4.7, and FitCheck's recourse against the Lister is set out in §8 and does not affect the Buyer. Nothing in this section excludes any duty FitCheck has under UAE law to act on prohibited or infringing content once it is aware of it.

3.2.2 If you are a brand owner, rights holder, or their authorized agent and believe a listing infringes your intellectual property rights or offers a counterfeit of your product, email help@fitcheck.ae with the listing reference, the right you hold, and a statement that you have a good-faith belief the listing is infringing. FitCheck will review and, where appropriate, remove the listing and may suspend the Lister. Listers who repeatedly list infringing or counterfeit goods may be permanently banned.

4. Buying: payments, Buyer Protection and returns

4.1Only card payments are accepted

4.1.1 All orders are paid by payment card at checkout. FitCheck does not offer cash-on-delivery.

4.1.2 Card payments are processed by a third-party payment service provider authorized to provide payment services for and in the UAE market (the "Payment Provider"). Your payment is a payment to FitCheck for the item, the shipping and the Buyer Protection Fee. Your card details are handled directly by the PCI-DSS-certified Payment Provider; FitCheck never sees or stores your full card number.

4.1.3 When you place an order, your payment (Listed Price + shipping + Buyer Protection Fee) is taken at checkout. FitCheck refunds it under this section 4 where you are entitled to a refund. FitCheck pays the Lister the Purchase Price after the Inspection Window closes (see §7.1). The Service Charge is not an extra charge to you; it is kept by FitCheck out of the Listed Price.

4.2Buyer Protection Fee (BPF):

4.2.1 A Buyer Protection Fee (BPF) is charged to the Buyer on each order. It is a service fee that covers secure payment processing, the in-app Inspection Window, and our handling of problem reports and returns. The BPF is AED 1.28 plus 5% of the order's item value (the items subtotal), capped at a maximum of AED 4.00 per order. The cap applies once to your whole basket: if your basket contains items from more than one Lister, you pay the BPF only once for the whole order, not once per Lister. It is added to the Buyer's total and shown to the Buyer at checkout, as part of the total payable (item price plus shipping plus BPF), before payment is taken. The BPF is a flat platform service fee applied to every order regardless of the payment method or card used, and is not a card or payment surcharge.

4.2.2 The BPF is non-refundable once payment for an order is taken, except where UAE consumer-protection law requires a refund. Where a refund is required because the failure was not the Buyer's fault, for example the item is faulty, not as described, counterfeit, unsafe, not delivered, or lost or damaged in transit (§5.4.2), the Lister fails to dispatch (§5.6), the order cannot be fulfilled (§5.8), or a report is upheld (§4.4 and §4.5), the Buyer is refunded in full, including the BPF.

4.2.3 Where an order is cancelled or refunded for a reason that is not FitCheck's or the Lister's responsibility, such as the Buyer's change of mind (including a return under §4.6), an unjustified refusal of delivery, or a knowingly false report, FitCheck may retain the BPF and any non-refundable third-party costs already incurred, to the extent permitted by UAE consumer-protection law. In that case the amount refunded is the amount paid less those retained sums.

4.2.4 Nothing in this section limits any non-waivable right you have under UAE consumer-protection law. The BPF and any deduction from a refund are disclosed to the Buyer at checkout before payment is taken.

4.3How an order completes

4.3.1 The Lister dispatches the item (§5).

4.3.2 Aramex marks the parcel as "delivered". From the exact timestamp Aramex confirms delivery, the Buyer has 2 days (48 hours) to inspect the item and either:

4.3.2.1 Tap "Everything's OK", which tells FitCheck there is no problem and allows FitCheck to pay the Lister straight away, or

4.3.2.2 Tap "Report an Issue" to report a problem (§4.4).

4.3.3 The 48-hour Inspection Window is shown to the Buyer in-app as a live countdown on the Order Status screen the moment delivery is confirmed.

4.3.4 If the Buyer takes no action within 48 hours of the Aramex delivery confirmation, the order "auto-completes" and FitCheck's payment to the Lister becomes due (see §7.1).

4.3.5 Completing an order, whether by tapping "Everything's OK" or automatically, does not end or reduce your rights under §4.6 or §4.7.

4.4Reporting a problem

4.4.1 If an item is faulty, damaged, not as described, counterfeit or unsafe, tap "Report an Issue" on the Order Status screen. A report made inside the Inspection Window stops FitCheck paying the Lister until the report is resolved.

4.4.2 You may also report a problem after the Inspection Window has closed. The Inspection Window exists so that the Lister is not paid while a problem is being reported. It does not shorten your rights, and a later report is still handled.

4.4.3 When you report a problem, we ask you for photos and a short description. We review your evidence, may contact you for more, and give you a decision with reasons.

4.4.4 Where the item is shown to be faulty, damaged, not as described, counterfeit or unsafe, you receive the remedy in §4.5. FitCheck does not treat itself as the final judge of your rights. If you disagree with a decision, you may ask for a second review by a different member of the FitCheck team, and you may at any time take the matter to the competent UAE consumer-protection authority or the courts (see §13.4).

4.4.5 Your refund does not wait for the Lister's response. FitCheck's separate process with the Lister is set out in §8.3.

4.4.6 FitCheck does not provide chat between Buyers and Listers. Raise any problem with an order through "Report an Issue" or help@fitcheck.ae.

4.5What you receive when a report is upheld

4.5.1Faulty, damaged or significantly not as described. FitCheck arranges courier collection of the item from you at no cost to you, and refunds in full what you paid for the item and its shipping, including the BPF, to your original card. The refund is released once the courier has collected the item from you. The courier charges FitCheck for that collection as a separate shipment, and that cost is not charged to you.

4.5.2Counterfeit, unsafe or prohibited goods. FitCheck refunds you in full, including the BPF. The item will not be returned to the Lister and will not re-enter circulation. We will tell you how to deal with it, which may be to destroy it, to hand it to the relevant authorities, or to let us collect it, and we may ask you to confirm in the app, with up to three photos, that you have done so. You must not keep, resell, or pass on such an item.

4.5.3 A Buyer who keeps or resells an item after receiving a refund, or who makes a knowingly false report, breaches these Terms and must repay the refunded amount.

4.5.4 Where a report is not upheld, we explain why in writing. The order stands and the Lister is paid, and your rights under §4.6 and §4.7 continue.

4.5.5 Where an order was paid wholly or partly with store credit, §7.7.5 applies to the refund.

4.6Your 14-day right to return an item

4.6.1 You may return an item to FitCheck within 14 days of delivery, for any reason, as long as the item is unused and in the condition and packaging in which you received it.

4.6.2 To return an item, use "Return an item" on the Order Status screen or email help@fitcheck.ae within the 14 days. We then arrange courier collection from you.

4.6.3 Once the courier has collected the item, FitCheck refunds the price you paid for the item to your original card.

4.6.4 For a return under this section 4.6, the courier's charge for collecting the item is deducted from your refund and shown to you before you confirm the return. The BPF and the original shipping charge are not refunded, except where UAE law requires otherwise or where §4.5 applies. No deduction is made for a return under §4.5.

4.6.5 This right is given by UAE consumer-protection law and applies to the extent that law gives it. It is in addition to your rights under §4.5, and nothing in these Terms limits any wider right the law gives you.

4.7Your statutory consumer rights come first

4.7.1 The 48-hour Inspection Window and the steps above describe how FitCheck handles problems in-app. They do not limit, replace or shorten any right you have under UAE consumer-protection law against FitCheck as the seller, which you may pursue at any time. Nothing in these Terms requires you to waive a right that UAE law says cannot be waived.

4.8Receipts

4.8.1 FitCheck issues the Buyer a receipt or invoice for each order, which is available in the app and by email.

5. Shipping

5.1 All orders ship via FitCheck's integrated courier, Aramex. Listers cannot ship items themselves.

5.2Shipping is paid by the Buyer at checkout.

5.2.1 A flat shipping fee of AED 22.00 applies per parcel for standard destinations within the UAE, for parcels up to 5kg chargeable weight (see §5.2.3).

5.2.2 A small number of destinations are classified by our courier as remote areas. Deliveries to those destinations are charged at AED 42.00 per parcel, reflecting the higher rate the courier charges us. Where a remote-area rate applies, it is shown to the Buyer at checkout before payment is taken, and the Buyer is told that a higher rate applies to that address.

5.2.3Size and weight limits

5.2.3.1 The shipping fee covers a parcel of up to 5kg chargeable weight . Chargeable weight is whichever is higher of the parcel's actual weight and its volumetric weight. Volumetric weight is calculated as length x width x height in centimetres, divided by 5,000. This means a large but lightweight parcel can be charged as though it were heavier than it is.

5.2.3.2 To stay within the standard fee, a parcel should be no more than 5kg in actual weight and should not exceed approximately 25,000 cubic centimetres in size, which is roughly a box of 40 x 30 x 20 cm. Listers should pack items as flat and as compactly as the item allows, and should use a mailer bag rather than a box where possible.

5.2.3.3 Items that cannot reasonably be shipped within these limits must not be listed.

5.2.3.4 Where a parcel exceeds these limits, the courier charges FitCheck an additional fee above the standard rate. FitCheck may recover that additional fee from the Lister under §8.5, or may cancel the order under §5.8. Where FitCheck recovers an additional fee, it will tell the Lister the amount and the reason before doing so.

5.3 The Lister must schedule a pickup within 3 working days of the sale.

5.4Title, risk, and lost or damaged-in-transit packages:

5.4.1 Title to the item passes from the Lister to FitCheck, and risk passes with it, when Aramex records collection of the parcel from the Lister. Before that point the item remains the Lister's, and if it is lost or damaged before Aramex takes custody, the Lister bears that loss and no Purchase Price is payable.

5.4.2 Because FitCheck owns the item from collection and is the party that contracts the courier on every order, the shipment is FitCheck's contractual responsibility from collection until delivery is recorded. If a parcel is lost or destroyed in transit during this window:

5.4.2.1 The Buyer is refunded in full (item price + shipping + Buyer Protection Fee) to their original card.

5.4.2.2 The Lister is still paid the Purchase Price so they are not penalized for a courier failure they could not control.

5.4.2.3 FitCheck pursues the recovery claim with Aramex on its own account.

5.5 Once an order is confirmed delivered to the Buyer, or to the delivery address the Buyer provided, responsibility and risk of loss pass to the Buyer. FitCheck is not liable for any loss, theft, or damage occurring after confirmed delivery, including a parcel taken from a doorstep, building entrance, or reception. This does not affect the Buyer's rights under §4. The Buyer is responsible for providing a complete, accurate delivery address and for collecting the parcel safely once delivered.

5.6 If the Lister does not dispatch in time, within 3 working days of the sale, FitCheck may cancel the order and refund the Buyer in full (item price + shipping + Buyer Protection Fee) to the original card. A Buyer is never left waiting indefinitely on a Lister. Repeated failures to dispatch may lead to Lister account suspension. Where a cancellation under this section is caused by the Lister, the cost of unwinding the order is borne by the Lister as set out in §5.8.4 and §5.8.5.

5.7Failed, refused or mis-addressed delivery

5.7.1 If a delivery fails because of incorrect or incomplete address details, the Buyer being unreachable, or the Buyer refusing the parcel:

5.7.1.1 Any re-delivery or return-shipping charges raised by the courier will be deducted from any refund due to the Buyer.

5.7.1.2 If the item is returned undelivered, FitCheck decides what to do with it, which may include re-dispatching it, relisting it, or returning it to the Lister by agreement. The Buyer is refunded the item price to their original card; the original shipping is retained as it covers a service already performed, and the Buyer Protection Fee may be retained as set out in §4.2.3.

5.7.1.3 Repeated delivery abuse (serial refusals, deliberately wrong addresses) may lead to suspension of Buyer account.

5.8Lister reachable but unable to fulfil an order

5.8.1 This section applies where a sale has completed at checkout but the Lister, although contactable, cannot or will not dispatch the item, for example because the item has already been sold elsewhere, is lost, damaged or no longer in the Lister's possession, or because the Lister is travelling or otherwise unavailable and did not remove or pause the listing.

5.8.2 The Lister must tell FitCheck as soon as they become aware they cannot fulfil the order, using "Report an Issue" on the Order Status screen or by emailing help@fitcheck.ae. The Lister must not ask the Buyer to cancel, to transact outside the app, or to accept a substitute item (see §9.2).

5.8.3 Where the Lister cannot fulfil the order, FitCheck cancels it and the Buyer is refunded in full, being the item price, the shipping and the Buyer Protection Fee, to their original card (see §4.2.2). The Buyer bears no cost for a Lister's failure to fulfil.

5.8.4 Because the cancellation is caused by the Lister and not by FitCheck or the Buyer, the Lister bears the cost of unwinding the order. This includes any non-refundable payment-processing fee charged by the Payment Provider on the original payment or on the refund, any courier collection, cancellation or return charge already incurred, and FitCheck's reasonable administrative cost of processing the cancellation. FitCheck does not bear the cost of a Lister's failure to fulfil.

5.8.5 FitCheck recovers these amounts from the Lister under §8.5.

5.8.6 Nothing in this section limits any non-waivable right the Buyer has under UAE consumer-protection law. Repeated failure to fulfil orders may lead to suspension or permanent closure of the Lister's account (see §1.5 and §5.6).

6. Prices, fees and tax

Listers do not pay listing fees on FitCheck. FitCheck buys your item at the Purchase Price, which is the Listed Price minus the Service Charge. The Service Charge is 2 AED + 10% of the Listed Price, subject to a minimum of 7 AED per item. The Buyer Protection Fee (§4.2) is paid separately by the Buyer at checkout and is not deducted from your Purchase Price. Shipping is paid by the Buyer and is used by FitCheck to arrange and pay for the courier; it is not part of your Purchase Price.

6.1Taxes

6.1.1 You are solely responsible for determining, declaring and paying any taxes (including income tax, or VAT, if applicable) and any other levies that may apply to what you earn from FitCheck.

6.1.2 FitCheck does not provide tax advice and does not collect or remit tax on your behalf; prices you set are treated as tax-inclusive unless the law requires otherwise. FitCheck keeps a record of each purchase it makes from you, makes a copy available to you on request, and may report transaction information to tax authorities where legally required.

6.2FitCheck's own prices and fees.

6.2.1 FitCheck is not currently registered for UAE VAT. The prices and fees FitCheck charges (the Buyer Protection Fee, shipping and the optional Booster fee) are therefore stated without VAT and no VAT is charged on them, and the Listed Price is the price payable for the item. If FitCheck becomes registered for UAE VAT, applicable VAT will be accounted for in line with UAE tax law, shown where required, and these Terms will be updated under §12.

6.3 A Lister may optionally pay a Booster fee for increased visibility, meaning prioritized placement above non-boosted listings in the relevant category and keyword search results. Two options are available:

6.3.1 A one-time AED 15 fee that maintains ONE selected listing at the top of category or keyword searches for three (3) days (72 hours) from purchase, or

6.3.2 A one-time AED 50 fee that maintains ALL of the Lister's listings at the top of their respective categories or keyword searches for seven (7) days from purchase.

6.4 Where multiple listings are boosted, their relative order may vary, and FitCheck does not guarantee a fixed top position. Booster fees are charged at purchase and are non-refundable once the boost period begins, including if the item sells, is edited, or is removed during the boost. VAT treatment is as set out in §6.2.1.

7. Payment to Listers

7.1How your balance works. When an order completes (§4.3), the Purchase Price for your item becomes payable to you and appears as available balance in the app. Your balance is an amount FitCheck owes you as the price of items it has bought from you. It is not money that FitCheck holds for you, and it is not a deposit. Shipping is collected from the Buyer to arrange and pay for the courier and is never part of your payment.

7.2Withdrawals. You can withdraw once your available balance reaches AED 90. FitCheck pays you by bank transfer in AED to a UAE bank account (IBAN) held in your own name, normally within 3 working days of your withdrawal request. To be paid you must give us the details we reasonably need to identify you and to prevent fraud and money laundering, and the name on the bank account must match your name on FitCheck. Any charges made by your bank are borne by you. If a fee applies to a transfer, or to a faster payment option where one is offered, it is shown to you before you confirm.

7.3Security holds and reserve. To protect against fraud and chargebacks, FitCheck may hold a payment to you for a short period before it becomes withdrawable and may keep a reasonable rolling reserve from your balance. Any reserve is released once the related risk period has passed.

7.4Chargebacks and reversals. If a Buyer's card payment is later reversed by their bank or card issuer (a "chargeback"), or an order is refunded, and the cause is a breach by you of §8.1 or of these Terms, then §8.4 and §8.5 apply: you are liable for the reversed or refunded amount and any related fee charged by the Payment Provider, and FitCheck may deduct that amount from your available balance, store credit, reserve, or future payments, suspend your withdrawals, and, where the Purchase Price has already been paid to you, require you to repay the amount promptly, which FitCheck may recover as a debt. Where a chargeback or reversal does not arise from any breach by you, FitCheck bears it.

7.5Negative balances. If a refund, chargeback, reversal, or correction attributable to you exceeds your available balance, your balance may go negative. You agree to settle a negative balance promptly. Until it is settled, FitCheck may withhold and offset future payments, suspend withdrawals, and take reasonable steps to recover the amount owed.

7.6Holding or freezing payments. FitCheck may withhold, freeze, or delay a payment or balance where it reasonably suspects fraud, a prohibited or counterfeit listing, or a breach of these Terms; where an order is under a report or investigation; or where required by law. Amounts are released once the matter is resolved.

7.7Store credit

7.7.1What store credit is. Store credit is a balance held in your FitCheck account that can be used to pay for purchases on FitCheck. Store credit is not money, is not a deposit, is not electronic money, and is not a stored value facility. It is a credit against the price of future purchases on FitCheck only.

7.7.2How you get it. If you are a Lister, you may choose to convert some or all of your available balance (§7.1) into store credit. Conversion is at a rate of 1:1 in AED, with no conversion fee. Funds that are reserved, on hold, or subject to a negative balance are not convertible.

7.7.3Conversion is permanent and one-way. Once you convert balance into store credit you cannot convert it back, and store credit can never be withdrawn to a bank account or exchanged for cash. Before you confirm a conversion this is shown to you in the app and you must confirm that you understand it. If you may need the money in your bank account, withdraw it under §7.2 instead of converting it.

7.7.4How you spend it. Store credit is applied against the total payable on an order at checkout, including the item price, shipping and the Buyer Protection Fee. If your store credit does not cover the full total, the remainder is charged to your payment card.

7.7.5Refunds. Where an order paid wholly or partly with store credit is refunded or cancelled, the portion paid with store credit is returned to your store credit balance, and any portion paid by card is refunded to that card. A refund does not convert store credit back into withdrawable balance.

7.7.6 Store credit does not expire.

7.7.7 Store credit is personal to your account. It cannot be sold, transferred, gifted, or assigned to another user or to any third party.

7.7.8Closing your account. If you close your account, or if we close it under §1.5, any remaining store credit is forfeited unless UAE law requires otherwise. If your account is closed by us for a reason that is not your fault, we will refund the remaining store credit to you by the original method where we reasonably can.

7.7.9Set-off. We may deduct from your store credit any amount you owe FitCheck under these Terms, including under §5.8.5, §7.4, §7.5 and §8.5.

8. Listers: your warranties, rejected items and recovery

This section applies to you when you list an item.

8.1Your warranties. Each time FitCheck purchases an item from you, you warrant that:

8.1.1 the item is authentic , and is not counterfeit, replica, imitation, or a reproduction of any branded product;

8.1.2 you are the legal owner of the item and have full right and authority to sell it, and it is not stolen, borrowed, rented, subject to any security interest, or otherwise encumbered;

8.1.3 the item is accurately described in every material respect, including condition, size, brand, colour, materials, and any flaw, damage, alteration, repair, stain, odour or wear;

8.1.4 the photographs are of the actual item , taken by you, unedited, and not stock images, screenshots, or images of a different item;

8.1.5 the item is not a prohibited item under §3;

8.1.6 the item is safe, lawful to sell in the United Arab Emirates, and complies with all applicable product safety and labelling requirements; and

8.1.7 the item has been cleaned and prepared appropriately for sale.

8.1.8 These warranties are given on each sale and survive payment, delivery, and termination of your account.

8.2 FitCheck does not inspect your item before it buys it. Any automated or manual screening FitCheck performs is for its own risk management only, is not a verification of your item, and does not reduce your obligations under §8.1.

8.3Where an item is rejected

8.3.1 Where FitCheck determines, after a Buyer's report or its own review, that a warranty in §8.1 has been breached, this section applies.

8.3.2 FitCheck will notify you with its reasons and the evidence relied on, and you have 7 days to respond and to provide evidence supporting the item's authenticity or condition.

8.3.3Items materially not as described. FitCheck may reject the item and treat the sale to FitCheck as cancelled. No Purchase Price is payable, and any Purchase Price already paid is recoverable under §8.5. The item is returned to you at your cost.

8.3.4Counterfeit items are not returned to you. Where FitCheck determines an item is counterfeit, no Purchase Price is payable, and FitCheck may surrender the item to the relevant authorities, destroy it, or retain it as evidence. FitCheck will not instruct that it be destroyed or surrendered before the period in §8.3.2 has expired, unless required by law or the item is unsafe.

8.3.5 If you substantiate that an item is authentic and as described, FitCheck will either return the item to you at FitCheck's cost or pay you the Purchase Price.

8.3.6 Nothing in this section requires FitCheck to return to circulation an item it reasonably believes to be counterfeit, unsafe, or unlawful.

8.3.7 If a Buyer returns an item under §4.6 and the item is as described, your Purchase Price is not affected. FitCheck owns the returned item. Return courier charges, refunds and other costs that arise from a breach of §8.1 are recoverable from you under §8.4 and §8.5.

8.4Your indemnity. You indemnify FitCheck against any claim, loss, liability, fine, penalty or reasonable cost, including reasonable legal fees, arising from:

8.4.1 any breach of a warranty in §8.1;

8.4.2 any claim by a Buyer, a rights holder, a brand owner, or an authority in connection with an item you supplied;

8.4.3 any claim that an item you supplied is counterfeit, unsafe, unlawful, or infringes the rights of any person; and

8.4.4 your breach of these Terms or of any law.

This indemnity covers, without limitation: refunds FitCheck makes to a Buyer, return and disposal costs, courier charges, payment-processing fees that are not recoverable, and FitCheck's reasonable administrative costs. It does not apply to the extent the loss was caused by FitCheck. It survives the closure of your account.

8.5Set-off and recovery

8.5.1 FitCheck may recover any amount you owe it under these Terms by deducting it from: any Purchase Price then payable to you; your available balance; your store credit; any reserve held; and Purchase Prices payable to you in future.

8.5.2 Where those are insufficient, your balance may go negative, §7.5 applies, and the amount is recoverable from you as a debt.

8.5.3 FitCheck will tell you the amount and the reason before recovering it, except where it reasonably suspects fraud.

8.6Suspension and termination

8.6.1 FitCheck may suspend or close your Lister account where you breach these Terms, where you repeatedly supply items in breach of §8.1, or where FitCheck reasonably suspects fraud (see §1.5).

8.6.2 Supplying counterfeit items will result in permanent closure of your account, and may be reported to the relevant rights holder or authority.

8.6.3 You may close your account at any time. Closing it does not affect sales already formed under §2.1.2, and §8.1, §8.4 and §8.5 continue to apply.

9. Conduct

You agree not to:

9.1 Harass, threaten or impersonate other users.

9.2 Bypass FitCheck's payment system (e.g. asking Buyers to pay outside the app, this voids Buyer Protection and may result in account closure).

9.3 Scrape, automate or interfere with the app's normal operation.

9.4 Use a display name that breaches §1.6.3, or attempt to register display names in bulk or for resale.

9.5 If you are a Lister and you can see a Buyer's name, delivery address or phone number for an order, use it only to prepare and hand over that order. You must keep it confidential, must not copy or store it, and must not contact the Buyer outside the app.

10. Privacy & personal data

10.1 FitCheck processes your personal data in accordance with the UAE Personal Data Protection Law (Federal Decree-Law No. 45 of 2021) and its Executive Regulations. See our Privacy Policy for the full details. Headlines:

10.1.1 We store your name, email, date of birth, delivery details, the bank details you give us so that we can pay you, and activity on the app, and more; see the Privacy Policy for the complete list.

10.1.2 We do not store your card details; card payments are handled by our PCI-DSS-certified Payment Provider.

10.1.3 You can request a copy of your data, or its deletion, by emailing info@fitcheck.ae.

10.1.4 Your right to erasure is not absolute. UAE law requires FitCheck to keep certain records even after you ask us to delete your account, including accounting, tax and transaction records, records relating to a dispute, chargeback or claim, and records we must keep to prevent fraud or to comply with a legal or regulatory obligation. Where that applies we will:

10.1.4.1 delete or anonymise the personal data we are not required to keep;

10.1.4.2 retain the remaining records only for the period UAE tax and commercial law requires, and only for those purposes; and

10.1.4.3 tell you, on request, what has been retained and why.

10.1.5 Closing your account does not by itself erase these records, and records retained under §10.1.4 are not used to market to you.

11. Liability; FitCheck's role as seller

11.1FitCheck is the seller.

11.1.1 When a Buyer orders a listed item, FitCheck buys it from the Lister (§2.1) and sells it to the Buyer as principal. The contract of sale with the Buyer is between FitCheck and the Buyer.

11.1.2 FitCheck is responsible to the Buyer for the item as UAE consumer-protection law requires, including that it is authentic, as described, and of the quality the Buyer is entitled to expect. The Buyer's rights are set out in §4 and are not reduced by anything in §8.

11.1.3 Items travel directly from the Lister to the Buyer by courier and are not inspected by FitCheck. FitCheck's recourse against the Lister is set out in §8 and is a matter between FitCheck and the Lister.

11.1.4 FitCheck is not the agent, broker or intermediary of the Lister or of the Buyer.

11.1.5 We do not claim any exemption that would override duties UAE consumer-protection law places on us. Where the law places an obligation on FitCheck as seller, we comply with it.

11.2Liability cap. Subject to §11.6, and to the maximum extent permitted by UAE law, FitCheck's total liability for any single claim arising out of or relating to your use of the platform is limited to the value of the disputed transaction or AED 500, whichever is lower. This cap does not apply to your right to a refund of the amounts you paid for an order under §4 or §5.4, which is not limited. In particular, FitCheck is not liable for:

11.2.1 Indirect, consequential, or lost-profit damages of any kind.

11.2.2 Acts or omissions of third parties we do not control, such as your bank. FitCheck remains responsible for the courier it uses to deliver your order (§5.4).

11.3Your indemnity to FitCheck: To the maximum extent permitted by law, you agree to indemnify FitCheck for any claim, loss, liability, fine, or reasonable cost (including reasonable legal fees) arising from: (a) your breach of these Terms or of any law; or (b) your misuse of another user's personal data. Listers also give the indemnity in §8.4. This obligation does not apply to the extent the loss was caused by FitCheck, and it is limited as required by mandatory UAE consumer-protection law. It survives the closure of your account.

11.4Service provided "as is". Subject to §11.6, FitCheck is provided on an "as is" and "as available" basis. We do not warrant that the app will be uninterrupted, error-free, or always available, and we may suspend, withdraw, or modify features for maintenance, security, legal or operational reasons.

11.5Events beyond our control (force majeure): FitCheck is not liable for any failure or delay caused by events beyond its reasonable control, including outages of its hosting provider, Payment Provider or courier, internet or telecommunications failures, natural events, or government action.

11.6Liability that cannot be excluded. Nothing in these Terms excludes or limits FitCheck's liability where it would be unlawful to do so. This includes liability for fraud or fraudulent misrepresentation by FitCheck, for death or personal injury caused by FitCheck's negligence, and for any rights you have under UAE consumer-protection law that cannot be waived or limited. Where any limit in these Terms conflicts with such a right, that right prevails.

12. Changes to these Terms

12.1 We may update these Terms from time to time. Material changes will be announced in-app at least 14 days before they take effect. Continued use of FitCheck after that date means you accept the updated Terms. The current version is always available in-app under "Profile / Terms of Service".

12.2 An order is governed by the version of these Terms that was in force when the order was placed.

13. Governing law and dispute resolution

13.1Governing law. These Terms, and any dispute or claim arising out of or in connection with them, are governed by the laws of the United Arab Emirates and the applicable laws of the Emirate of Abu Dhabi.

13.2Language. These Terms are published in English. An Arabic version will be available after launch. Once it is published, if there is any conflict between the two versions, the Arabic version prevails for users in the UAE.

13.3Jurisdiction. Subject to §13.4, the onshore courts of Abu Dhabi have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, including any question regarding their existence, validity, interpretation, performance, breach, or termination. Each party waives any objection to those courts on the grounds of venue or inconvenient forum.

13.4Consumers. Nothing in §13.3 removes any right you have as a consumer under UAE law to bring proceedings in the Emirate where you reside, or to raise a complaint with the competent UAE consumer-protection authority.

13.5Service of Process. Each Party irrevocably consents to the service of process, notices, or legal documents in any such action or proceeding by electronic communication (email) to the designated email addresses specified in §14, and, where a Party has provided a physical address, by registered mail or recognized international courier to that address.

13.6Severability. If any provision of these Terms is held unenforceable, the remainder continues in effect.

14. Contact

14.1 Help & Support: help@fitcheck.ae

14.2 Information: info@fitcheck.ae

14.3 Operator: FITCHECK - L.L.C - S.P.C | Trade licence no. CN-6616252