Standard terms and conditions of sale and service
1.1 “Seller” means Elcome International L.L.C, a limited liability company registered in the United Arab Emirates (UAE) under license number 204808, with its office located at Dubai Investments Park, Phase I, Plot 598-1121, PO Box 1788, Dubai, UAE.
1.2 “Buyer” means the party contracting with the Seller under the Agreement for the sale and purchase of the Product and/or the provision of Service. It includes the agent, ship manager, and any other authorised person contracting with the Seller and/or issuing purchase order (PO) on behalf of the End User.
1.3 “Product” means the item(s) agreed to be sold by the Seller to the Buyer under the Agreement.
1.4 “Service” means the service(s) agreed to be provided by the Seller to the Buyer under the Agreement.
1.5 “Agreement” means and includes any written agreements, contracts, proforma invoices, order acknowledgements, delivery orders, job sheets and invoices duly issued by the Seller and signed by the Seller and/or the Buyer for the sale and purchase of the Product and the provision of Service. It shall also include any Purchase Order issued by the Buyer provided the same is duly accepted by the Seller in writing.
1.6 “Parties” means Seller and the Buyer and “Party” means either of them.
1.7 “Sanctions and Export Controls” means all laws and regulations relating to economic and trade sanctions and export controls of (without limitation) the UK, US and EU and any other applicable sanctions and export control laws and regulations in the Buyer’s place of establishment or place of business.
2.1 Quotations, price lists or any other communication from the Seller to the Buyer indicating the price of any Product or Service shall not be binding on the Seller unless expressly stated as such in the same or reduced to or incorporated in, an Agreement.
2.2 Any offer, proposal, order, agreement or understanding, either oral or written, as regards the purchase of Products or the provision of Services shall be binding on the Seller only when it is duly reduced to an Agreement.
2.3 Any amendment to the Agreement shall be valid only when it is reduced in writing and signed by the Seller and/or the Buyer.
2.4 The Agreement cannot be terminated without the prior written consent of the Seller. In such an event the Buyer shall be liable to pay damages equivalent to a minimum of 25% of the related invoice value to the Seller, which shall be without prejudice to the Seller’s right to compensation for any expenses or losses incurred in excess of the same.
A. Terms applicable to sale of products
3. Delivery and transport
3.1 Seller shall make every reasonable effort to meet quoted/ acknowledged delivery dates but shall not be liable in any manner for failure to meet such dates.
3.2 The agreed delivery dates and time shall always be approximate and subject to unforeseen circumstances.
3.3 Time shall not be of the essence for the purpose of delivery.
3.4 In the event the Seller is unable to deliver the Products within the agreed or stipulated period, the Seller shall be entitled to make partial deliveries and the delivery period shall be extended accordingly.
3.5 Failure to meet the delivery date shall not entitle the Buyer to terminate the Agreement and/or to demand compensation unless the Buyer can prove intent or gross negligence on the part of the Seller.
3.6 If the Seller cannot reasonably be expected to meet its delivery commitment as a result of force majeure, the Seller shall have the right to suspend the delivery. If such circumstance persists for more than two months then either Party may dissolve the related Agreement, by serving a written notice to the other. Force Majeure shall include, but not be limited to, the following:
a) Operational failure or business interruption, irrespective of nature or cause;
b) Delayed or late delivery by the carrier or manufacturer;
c) Any transportation problem which may hamper or impede the transportation of Products from the manufacturer to the Seller;
d) Import and export restrictions of any nature.
3.7 Unless agreed otherwise, all deliveries shall be Ex Works (Incoterms 2010) Dubai.
3.8 Risk shall pass upon delivery. Seller accepts no liability for any loss or damage caused to the Products subsequent to delivery.
3.9 If the Buyer fails to take delivery on the designated date or within five business days thereafter, the Seller shall be entitled to either:
a) Store the Products at the Buyer’s expense and risk against a storage fee of 1.5% per month of the invoice value of such Products, and be entitled to invoice the Buyer for the Products and the storage fee; or
b) Terminate the Agreement without any judicial intervention, and without prejudice to Seller’s right to compensation for any expense or loss incurred.
3.10 In no event shall Seller have any liability in connection with transportation or shipment, of the Products.
3.11 Products where delivered, are strictly not returnable. In exceptional cases, as determined by Seller at its sole discretion, Seller may agree to accept the return of any Product and a cancellation of the corresponding order or part of it. In such cases Seller reserves the right to claim from the Buyer the costs incurred by Seller to bring the Products to a saleable condition and a re-stocking or cancellation fee equivalent to 25% of the related invoice.
4.1 Notwithstanding delivery and subject to the passing of risk in the Products to the Buyer pursuant to Clause 3.8, title to the Products shall remain with Seller until all prices due in respect of the Products have been paid in full and realised by Seller.
4.2 Until such time as the title to the Products passes to the Buyer, the Buyer’s possession of the Products shall be deemed to be on behalf of the Seller as its agent. During such period the Buyer shall store the Products in a secure and proper environment with adequate insurance cover and capable of being distinctly identified. The Buyer may resell or use the Products in the ordinary course of its business, but shall account to Seller the proceeds of such sale, usage or otherwise, whether tangible or intangible, including insurance proceeds, and shall retain all such proceeds secure and separate from any moneys or property of the Buyer and of third parties until the title to the Products passes to the Buyer.
4.3 Until such time as the title to the Products passes to the Buyer (and provided the Products are still in existence and have not been resold), Seller shall be entitled at any time to require the Buyer to deliver the Products to Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Products are stored and repossess the shall not be liable to reimburse to the Buyer the costs/expenses incurred by him on such Products, including shipping, taxes, duties, etc.
4.4 The Buyer’s right to sell or use the Products as referred to in Clause 4.2 above shall immediately cease if any security held by any third party is enforced over all or any part of the Buyer’s assets or if it is adjudicated bankrupt or enters into liquidation whether compulsory or voluntary, or if it makes an arrangement with its creditors, or generally becomes unable to pay its debts. On cessation of the Buyer’s right to sell or use the Products, the Buyer’s possession of the Products shall be deemed to be on behalf of the Seller as its agent. Until such time as Seller exercises its right under Clause 4.3 above, the Buyer shall store the Products in a secure and proper environment with adequate insurance cover and capable of being distinctly identified.
4.5 Until such time as the title to the Products passes to the Buyer, the Buyer shall not be entitled to pledge or in any way charge by way of security any of the Products. Any breach of this covenant shall (without prejudice to any other right or remedy available to Seller) result in all Invoices of the Seller to the Buyer becoming due and payable forthwith.
5. Representations, warranty claims, and liability
5.1 Seller warrants that it has good title to and/or valid license to supply the Products to the Buyer.
5.2 Specifications of the Product are subject to change by the manufacturer. Unless otherwise agreed, the Products are supplied in accordance with the manufacturer’s standard specifications. As these may be improved, or modified, Seller reserves the right to increase its quoted or listed price, and under no circumstances will it consider cancellation of such orders or the return of the Products related to such orders.
5.3 In the event the manufacturer notifies the Seller that the Product, which is the subject of an Agreement, has been discontinued, Seller shall not be held responsible for any loss or damage caused to the Buyer.
5.4 Seller will not be liable in respect of any loss or damage caused by or resulting from any variation for whatsoever reason in the Products from the manufacturer’s specifications or technical data.
5.5 Immediately after delivery, the Buyer shall inspect the Products for any defects. Any such defects must be notified to the Seller, in writing, within ten days from the date of delivery. On expiry of such period, the Buyer shall be deemed to have, irrevocably and unconditionally, accepted the Products. In any event such notice shall be given before the Products are resold. No claim for defects will be tenable if the Products are resold. Subsequent to giving such notice, the Buyer shall provide the Seller reasonable opportunity to test the Products. Notifying the Seller shall not suspend the Buyer’s payment obligation in respect of the Products in dispute.
5.6 If any part of the Product should prove defective in materials or workmanship under normal operation, such part or the Product will be repaired or replaced strictly in accordance with the warranty cover and its terms as provided by the manufacturer of such part or Products provided that no attempt has been made to repair the same or no modification of the Product has taken place. Seller reserves the right to charge the Buyer for any Service provided under this Clause if the same relates to a defect not covered by the related warranties.
5.7 Seller disclaims and excludes all other warranties, whether express or implied, including but not limited to the warranties of description, design, merchantability and fitness for a particular purpose, or arising from any previous course of dealing, custom or trade practice.
5.8 Without prejudice to the foregoing, no standard or specification as to the suitability of the Product for any purpose shall give rise to any legal liability of the Seller. The Buyer shall satisfy itself that the Product is suitable for the purpose of its intended use before the Products are installed and used.
5.9 In case of any loss incurred by the Buyer arising out of, or related to, the use of the Products then neither the Seller nor its employees shall be held liable.
5.10 The Seller shall not be held liable for any indirect, special, incidental, or consequential loss or punitive damages, of any manner whatsoever.
5.11 Except for standard warranties and any individual written warranties supplied with the Products, the Seller does not accept and will not be liable for any warranties whether oral, express or implied.
5.12 Any warranty given by the Seller shall deem to be invalid if:
a) And as long as the Buyer is in default vis-à-vis the Seller
b) The Products have been exposed to abnormal conditions or have been handled incompetently or carelessly
c) The Seller has not been given an opportunity to investigate a defect within ten working days of its discovery.
5.13 In all the cases, the Seller’s liability with respect to the Products shall be limited only up to the extent of the liability of the manufacturer of such Products. Seller’s liability with respect to the Products shall not be independent of the liability of manufacturer irrespective of whether such manufacturer continues to do business or is liquidated or under liquidation.
5.14 In any event the total liability of Seller, on any claim, whether in contract, tort (including negligence) or otherwise, arising out of, connected with, or resulting from the performance or non-performance of any Agreement or from the sale, delivery, resale, repair, or replacement of Products shall not exceed the proportionate price of the Products, which gives rise to the claim, according to its related invoice.
6. Price and payment
6.1 Prices as quoted in the catalogues, price lists and other advertising literature or material used by the Seller are intended only as an indication as to price and the range of Products and are subject to change at any time, at the sole discretion of the Seller.
6.2 Invoices will be issued by Seller on the date of delivery of the Products. In the event of any discrepancy Buyer shall bring it to the notice of Seller within seven (7) working days from the date of receipt of the invoice.
6.3 Invoices shall ordinarily be denominated in U.A.E. Dirhams (AED). Where an invoice is denominated in any currency other than AED, the Buyer shall settle the invoice in such currency.
6.4 All the prices quoted by the Seller, are exclusive of all applicable sales or Value Added Tax (VAT), government charges or duties, unless specifically agreed to otherwise in writing. The Seller shall add Value Added Tax (VAT) if appropriate and shall issue a valid tax invoice against payments, if required by the applicable law. The Buyer shall indemnify the Seller against any loss or penalties under the applicable tax laws.
6.5 The Seller at its sole discretion shall decide the manner, sequence and mode of payment.
6.6 Unless agreed otherwise in writing, all invoices shall be settled in full, without any deductions or withholding, and within thirty days from the date of delivery.
6.7 All charges related to transfer of funds, including but not limited to wire transfer, letter of credit, and confirmation charges, will be borne by the Buyer, unless otherwise agreed in writing.
6.8 The Buyer shall not be entitled to any kind of discount or set-off unless it is expressly agreed by the Seller. Any kind of claim by Buyer, as it may have on the Seller, to set-off is explicitly excluded.
6.9 In case the Buyer fails to make the complete payment within thirty days (unless specifically agreed otherwise in writing) from the date of delivery, then the Buyer shall be liable, without any reminder or service of notice in default, to pay interest at the rate of 1.5% per month on the outstanding amount from the date of such default till payment in full.
7.1 If the Buyer fails to meet any of its obligations in any form whatsoever with the Seller, then the Seller shall have right either to suspend the delivery of Products or to dissolve the Agreement by serving a notice in writing to the Buyer and demand the payment of all outstanding sums forthwith. In such circumstance, the Buyer shall not be entitled to any kind of compensation for any kind of loss sustained by it.
7.2 The Seller shall be entitled, without prejudice to its other rights and remedies, either to terminate, wholly or in part, any or every Agreement between itself and the Buyer or to suspend any further deliveries under any or every Agreement in any of the following events:
a) If any invoice is due and payable by the Buyer to the Seller but is unpaid.
b) If the Buyer has failed to provide any letter of credit, bill of exchange or any other security as required by the Agreement provided that in such an event the Seller’s right of termination or suspension under this condition shall apply only in regard to the particular Agreement in respect of which the Buyer shall have so failed.
c) If the Buyer has failed to take delivery of the Products under any Agreement.
d) If the Buyer becomes insolvent or enters into any composition or arrangement (including a voluntary arrangement) with its creditors, or being a body corporate, has passed a resolution for voluntary winding up or for a receiver (including an administrative receiver) or administrator to be appointed or if any such order or appointment is made or it suspends payment of its debts, in whole or in part, or if any application has been made for an interim order or a petition has been presented for a bankruptcy order or if any such order is made or if the Buyer, whether or not a body corporate shall carry out or be subject to any analogous act or proceedings under any law.
7.3 The Seller shall be entitled to exercise its rights of termination or suspension under this Clause at any time during which the event giving rise to such rights is continuing and has not been remedied and, in the event of a suspension, the Seller shall be entitled, as a condition of resuming delivery under any Agreement between it and the Buyer, to require prepayment or such security as it may require for the payment of the price of further Products.
7.4 Termination of the Agreement for any reason whatsoever shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party.
B. Terms applicable to service providers
8. Price and payment
8.1 All Agreements of Service shall be executed and charged at the applicable hourly rates commencing two hours before the actual time of departure from base of the Service personnel till his/their return to base and for the entire duration required to provide the Service.
8.2 Traveling, accommodation, boarding, and any other related expenses of or incurred by Service personnel and related to the Service shall be chargeable including applicable overheads.
8.3 Extra charges would be applicable for Service provided beyond the normal business hours.
8.4 Components, parts, equipment, and materials used during or for the Service shall be charged separately.
8.5 Unless agreed otherwise in writing by the Seller, terms of payment shall be partly in advance and the balance, without any deductions or withholding, within fifteen (15) days of receiving the final invoice after completion of the job. Final invoice will be issued by Seller after completion of the Service. In the event of any discrepancy Buyer shall bring it to the notice of Seller within seven (7) working days from the date of receipt of the invoice. In case the balance payment in full is not made on the scheduled date, Buyer shall be liable, without any reminder or service of notice, to pay interest at the rate of 1.5% per month on the outstanding amount from the date of such default till payment in full.
8.6 Charges for the Service shall be due and payable on attendance of job irrespective of whether the complaint/problem has been resolved, provided the inability to do so is due to circumstances beyond the reasonable control of the Seller.
9. Terms of service, warranty, termination
9.1 Seller reserves the right to determine the number of persons required to perform the Service.
9.2 Buyer shall inspect the Product/equipment on which the Service has been provided promptly upon completion of Service and shall notify any defects promptly in writing within seven days from completion of the Service.
9.3 Seller warrants that the Services shall be performed with reasonable skill and care and in a good and workmanlike manner.
9.4 Warranty for any defect arising out of the Service that has been paid for shall be restricted to rectifying the defect at no additional cost to the Buyer. Seller reserves the right to charge the Buyer for any Service provided under this Clause if the same is not covered by the related warranties.
9.5 Warranty does not apply to normal wear and tear nor to issues related to software and is subject to proper and diligent handling and usage of the Product/equipment by the Buyer.
9.6 In case of termination of the Service Agreement by the Buyer before its completion, for reasons other than the failure of the Seller to provide the Service as agreed, the Seller shall be entitled to claim the full charges related to the Service.
9.7 Except for standard warranties applicable to Services, the Seller does not accept and will not be liable for any warranties whether oral, express or implied.
C. Terms applicable to electronic services
10. Warranty policy
10.1 Standard repaired and reconditioned Products are warranted to be free from defect in workmanship and materials used for repair under normal conditions for a period of twelve (12) months from the date of shipments, unless otherwise stated.
10.2 The warranty is void if the reported failure or defect of the Product has resulted from accident, abuse, cannibalisation of parts, catastrophic failure conditions, severe environmental exposure, misapplication, negligence, contamination, improper calibration, storage, or handling by the Buyer, or due to unauthorised maintenance or repair or removal or alteration or tampering of the warranty label in any manner.
11. Limited liability
11.1 If any part of the Product should prove defective in materials or workmanship under normal operation, such part or the Product will be repaired or replaced strictly in accordance with the warranty cover and its terms as provided by the manufacturer of such part or Products provided that no attempt has been made to repair the same or no modification of the Product has taken place. Seller reserves the right to charge the Buyer for any Service provided under this Clause if the same relates to a defect not covered by the related warranties.
11.2 In no event shall the Seller be liable for any indirect, special, incidental, or consequential loss or punitive damages, of any manner whatsoever.
D. Terms of sales through website (E-commerce)
12.1 These terms of sale through website (Terms of Sale) set out the terms and conditions on which the Products are supplied to you as a Buyer (you or yours) on https://elcome.com/shop/ or on our mobile application (Site). The owner and operator of the Site is the Seller (we, our or us).
12.2 By placing an order on the Site, you are agreeing to be bound by these Terms of Sale with immediate effect.
13. Order Acceptance
13.1 Supplier: Each product in your order is sold either by us or by the local or international seller that is specified on the Site.
13.2 Order Acceptance: Our acceptance of your order will take place when we notify you of our acceptance in writing (e.g. by email or mobile messaging). If we are unable to accept your order, we will inform you of this in writing or through a call and will not charge you for the product.
13.3 Payment: By placing an order, you authorise us or our third-party payment processer to process your credit/debit card details for the amount of your order.
We accept payment by:
a. credit/debit card;
b. cash on delivery (an amount not exceeding AED 1,000); or
c. cash on pick up from our offices in Dubai (refer 14.3.5) and Abu Dhabi (refer 14.3.6)
13.4 In order to authorise credit/debit card payments, we may be required to create an account for you with our third-party payment processors, including accepting their standard terms and conditions and submitting your details to them on your behalf. You hereby authorise us to do so and we shall not be liable to you for any damage or loss you may incur as a result.
13.5 We may remove or add cards or other payment methods that we accept at any time without prior notice to you.
13.6 Cancelling Order: You may cancel your order immediately prior to shipping for any reason.
13.7 Our Cancellation: We may cancel your order(s) if:
a. you do not make any payment to us when it is due;
b. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
c. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
d. you attempt to bulk or multi-order purchase in accordance with clause 13.8, below.
13.8 Bulk/Multiple Purchasing: We reserve the right to reject any orders, at our sole discretion, where we detect bulk purchasing or multiple units of similar products being purchased.
14. Delivery of your order
14.1 Delivery mode and geographical area of distribution:
Geographical area of distribution for the products ordered through our e-commerce Site is effective and applicable only within the emirates of UAE. Our distribution of e-commerce We have our own distribution system operative in Dubai, Sharjah, Abu Dhabi and Fujairah with regular trips made to marinas, ports and yards. We also have courier partners for deliveries to Dubai, Sharjah, Abu Dhabi and other emirates in UAE. We may be using our own distribution system or third-party courier services for deliveries and the selection of delivery method depends on a combination of your location, product size, quantity, availability and delivery time.
14.2 Delivery Costs: The costs of delivery will be as under:
Flat fee: for orders less than UAE Dirhams five hundred (AED 500), a flat fee of UAE Dirhams fifty (AED 50) exclusive of UAE VAT will be charged to you.
Free shipping: for orders of UAE Dirhams five hundred (AED 500) and above, we offer free shipping within the UAE.
14.3 Delivery Date: This information will be displayed to you on our Site.
14.3.1 Same-day Delivery:
For orders placed before 14:00 PM (UAE Time) during working days (Saturday to Thursday), same-day delivery can be arranged at a flat fee of UAE Dirhams three hundred (AED 300).
14.3.2 All orders received on working days (Saturday to Thursday):
Order processing may vary from 8 hours to 24 hours depending on the time order received, type of product and quantity ordered, and packaging required.
14.3.3 All orders received on Fridays and public holidays:
Order processing may vary from 24 hours to 48 hours.
14.3.4 Time expected for delivery of products after order is processed:
Within Dubai: 24 hours
All other Emirates: 24 to 48 hours
14.3.5 Pick up by the customer from our office at Dubai Investments Park, Phase I, Plot 598-1121, PO Box 1788, Dubai, UAE:
22.214.171.124 Same Day:
Customer can pick up the products from our office between 9:00 AM and 17:30 PM during Saturday to Thursday.
If customer prefers to pick up the ordered items from our office, the cut-off time to receive the order is 14:00 PM (UAE Time) during working days (Saturday to Thursday).
126.96.36.199 Next Working Day:
Orders received after 14:00 PM (UAE Time) during working days (Saturday to Thursday), the customer can pick up the ordered items from our office next working day between 9:00 AM and 17:30 PM.
188.8.131.52 Pick up on Friday:
Orders received on Thursday before 14:00 PM, customer can pick up the ordered products from our office on Friday between 9:00 am and 12:00 PM.
14.3.6 Pick up by you from office at Sector M40, Plot 95, Mussafah Industrial Area, PO Box 53460, Abu Dhabi, UAE:
Orders received after 14:00 PM (UAE Time) during working days (Saturday to Thursday), you can pick up the ordered items from our office next working day between 9:00 AM and 17:30 PM.
14.4 Delivery Delays:
a. if our supply of the product is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay;
b. if no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will notify you of how to rearrange delivery or collect the product;
c. if you do not collect the product from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we will cancel your order.
14.5 ID Requirement Upon Delivery:
We may, at our sole discretion, make any inquiry we deem necessary to verify your identity and/or ownership of your financial instruments by requesting that you provide us with further information or documentation, including, but not limited to requesting a form of identification and/or credit card. If we are unable to verify or authenticate any information you provide, we have the right to refuse delivery and cancel the order.
14.6 Delivery from Overseas:
Note that you might be considered the importer of record in the event that your order requires delivery from overseas. In such instance, you are required to ensure that your ordered products can be lawfully imported, comply with all laws and regulations and to pay all fees and customs duties relevant to your purchase.
14.7 Title to Products:
A product will be considered owned by you and your responsibility from the time we deliver the product to the delivery address and you have paid for the product.
We will issue an electronic invoice for your purchase and send such invoice to the email address you provided to us.
15.1 The table below sets out our return policy with respect to certain product categories:
WHEN YOU MAY RETURN THE PRODUCT
CONDITIONS TO RETURN
You have received a wrong product;
1. You must return the product within (14) days of receipt of shipment.
2. Product is unused, in original unbroken packaging and includes all tags.
You have received a product that is not as described on the Site
You have received a damaged product
You have changed your mind
1. You must return the product within fourteen (14) days of receipt of shipment.
2. If the product(s) still has the original tags
3. Only unbroken original packages including all accessories
4. Subject to deduction of fifteen (15) percent restocking fees
5. The product is not listed in non-returnable products list in clause 15.2
15.2 Non-returnable Products. You do not have a right to return, replace or exchange products in respect of:
a. products that are classified as hazardous materials or use flammable liquids or gases;
b. products that have been used or damaged by you or are not in the same condition as you received them;
c. any consumable product which has been used or installed;
d. products with tampered or missing serial numbers;
e. custom-configured products and systems; or
f. products that fall under specific categories, including Nautical Charts in paper and digital format, digital publications, digital tokens including digital keys and unlocking keys, access to specific products on the web.
15.3 Contacting Us (arrange a Return): You may contact us through email (firstname.lastname@example.org) or by calling our office on +97148121333.
15.4 Your Refund:
a. For delivered products, we will refund to you the product amount (excluding the amount paid for the original shipping fees) in full plus the cost of return:
i. if the products are faulty or not as described on our Site; or
ii. if you reason for return is due to an error on our side, such as an error in pricing or description, a delay in delivery etc.
In all other circumstances, we will refund the product amount (excluding the amount paid for the original shipping fees) and you may pay the costs of return shipping.
For products not delivered, you will receive a full refund if you cancel the order under clause 13.6;
15.5 Refund Procedure: We will issue a refund to you depending on the method you used for payment, as follows:
a. if customer paid by cash on delivery, we will refund by cash; or
b. if customer paid by credit/debit card, we will refund to the same credit/debit card used for the transaction.
15.6 Refund Timescale: Refund will be initiated once product is received back from the customer in our office at Dubai Investments Park, Phase I, Plot 598-1121, PO Box 1788, Dubai, UAE; OR Sector M40, Plot 95, Mussafah Industrial Area, PO Box 53460, Abu Dhabi, UAE; and inspected by our team, and the final refund will be effected to the customer as follows:
a. refund towards credit/debit card will be processed within 15 days after receipt of goods in our office at Dubai Investments Park, Phase I, Plot 598-1121, PO Box 1788, Dubai, UAE; OR Sector M40, Plot 95, Mussafah Industrial Area, PO Box 53460, Abu Dhabi, UAE;
b. cash refunds will be processed after receipt of goods in our office at Dubai Investments Park, Phase I, Plot 598-1121, PO Box 1788, Dubai, UAE; OR Sector M40, Plot 95, Mussafah Industrial Area, PO Box 53460, Abu Dhabi, UAE; and inspected by our team; refund will be confirmed within 7 days post the shipment is collected; refund can be collected in cash from our office in Dubai Investments Park, Phase I, Plot 598-1121, PO Box 1788, Dubai, UAE; OR Sector M40, Plot 95, Mussafah Industrial Area, PO Box 53460, Abu Dhabi, UAE; or the customer can choose to have the refund by Bank transfer with bank charges on customer account.
c. if customer has cancelled the order before shipping, refund will be applicable as per the terms mentioned above in 15.5.
Refunds are subject to timelines from your bank. We will not be responsible for any delays once the refund has been released from us to the bank.
16.1 Warranty Claim: You may contact us through email (email@example.com), or using contact form on the Site, or by calling our office on +971 4 8121333.
17. Warranties, Representations & Undertakings
17.1 You warrant, represent and undertake that:
a. you shall fully comply and will at all times continue to fully comply with all applicable laws, statutes and regulations, including, without limitation, all privacy laws and content regulation;
b. you have full power and authority to enter into these Terms of Sale, and make payment in accordance with these Terms of Sale; and
c. if you purchase a product on behalf of a business entity, you represent that you are authorised to act on behalf of such business and bind the business to these Terms of Sale.
17.2 Subject to clause 17.1, our services are provided to you on an “as is” basis without representations, warranties or conditions of any kind. We disclaim all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that our services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all.
17.3 The warranty in clause 16 will be your sole and exclusive remedy under these Terms of Sale.
18.1 Nothing in these Terms of Sale shall limit or exclude a party’s liability:
a. for fraud, including fraudulent misrepresentation, perpetrated by that party;
b. for death or personal injury caused by the negligence of that party; or
c. for any other liability that cannot be limited or excluded under applicable law.
18.2 Subject to clause 18.1, in no event will we, our parent company, subsidiaries and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in relation to these Terms of Sale for loss of profits, loss of data or information, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.
18.3 In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
a. supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it or making payment as required;
b. damages that may result from the unauthorized repair of the product;
c. loss of any saved/stored data in products that are either repaired or replaced;
d. reliance by you on the content or other information provided on the Site with respect to the product you order;
e. your use of or your inability to use the ordered product;
f. delays or disruptions to our Site or our services;
g. viruses or other malicious software obtained from the use of the ordered product;
h. damage to your hardware device from the use of your ordered product; or
i. your loss of or inability to do business or similar as a result of our inability to deliver the product to you.
18.4 Subject to clause 18.1, if clauses 17.3, 18.2 or 18.3 are held to be unenforceable or inapplicable for any reason, then the total liability (including legal fees) applicable to us, our subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors, to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms of Sale shall be limited to the lesser of, a) the price the product sold for on our Site and its original and return shipping costs.
18.5 You agree to indemnify and hold us, our subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors harmless from and against any losses, damages and expenses (including legal fees and attorney’s fees) arising out of or relating to:
a. any claims or demands made by any third party due to or arising out of your use of the Site and our services;
b. your violation of any of provisions of these Terms of Sale, including, without limitation, any of the warranties, representations and undertakings; or
c. your violation of any applicable laws.
E. OTHER TERMS APPLICABLE TO PRODUCT & SERVICE ORDERS (as per A, B, C and D above
19.1 The validity, performance and all the matters relating to the interpretation and effect of these Terms & Conditions and all disputes and/or differences related thereto or arising there from shall be governed by the laws of the UAE and shall be subject to the non-exclusive jurisdiction of the Dubai Courts. In case the cause of action is the default in the payment, the Buyer shall bear all related costs of the Seller including attorney’s fees and other disbursements not reimbursed by the Court.
19.2 The Buyer shall not use or export or re-export any Products purchased/received from the Seller in violation of any applicable laws or regulations of U.A.E. The Buyer shall at all times comply with any applicable U.A.E. laws and regulations relating to the use and export of the Products.
19.3 The Agreement constitutes the entire, complete, and exclusive understanding between the Parties with respect to the subject matter thereof and contains all the terms and conditions of sale of the Product and the Service. No course of dealing or usage of the trade shall be applicable unless expressly incorporated in an Agreement.
19.4 The Buyer warrants and agrees that it shall (and shall procure that its directors, officers, agents, affiliates and employees shall):
(a) observe and comply with all Sanctions and Export Controls;
(b) not sell, transfer, export, re-export, or forward the Goods to any individual, entity or jurisdiction subject to Sanctions and Export Controls;
(c) The Buyer shall not cause the items purchased under the quote or invoice being sold to or used by any person or entity in countries which are under International Trade Restrictions, Sanctions or Embargo such as Iran, Sudan, Syria, etc. The Buyer shall keep the Seller and its suppliers completely indemnified against any liability or legal procedures for non-compliance or breach in this respect.
(d) determine export and import licensing or permitting requirements for the Goods, obtain any required licenses and permits, and ensure that any such licenses, permits and authorisations are provided to the Seller within five (5) working days, on request;
(e) in case the Seller requests for documents and/or details pertaining to the end use of the Goods, the same shall be provided to the Seller with five (5) working days of request;
(f) keep records relating to the Goods, including but not limited to, any documents relating to the sale, transfer, export, re-export, or forwarding of the Goods, for a minimum of five (5) years after entering into the Contract with the Buyer.
The Seller assumes no liability to the Buyer or any other person for the Buyer’s acts of non-compliance with Sanctions and Export Controls.
19.5 The Terms & Conditions contained herein may not be added to, modified, superseded or otherwise altered except by a written modification signed by the Seller.
19.6 These Terms & Conditions shall apply and supersedes to all the Agreements or Contracts entered into by the Buyer and the Seller and/or any POs issued by the Buyer.
19.7 If any term or provision of these Terms & Conditions is held to be invalid, illegal or unenforceable by any Court of competent jurisdiction, such term/provision shall be severed and the remainder of the terms/provisions shall continue to be applicable in full force and effect as if these Terms and Conditions had been agreed without the invalid, illegal, or unenforceable term/provision.
19.8 Unless stated otherwise, all trade and commercial terms as used in the Agreement shall be interpreted in accordance with the applicable U.A.E. Laws.