USER TERMS AND CONDITIONS
1.1 These Terms and Conditions set out the terms on which products are supplied to you as a buyer on www.safqat.com or on our mobile application (together defined as the “Site”). The owner and operator of the Site is SAFQAT MIDDLE EAST LLC, Owned By SAFGAT Company LLC, a limited liability company registered in the United Arab Emirates (“UAE”)
1.2 Please read these terms carefully before you submit your order via the Site. By placing an order on the Site, you are agreeing to be bound by these Terms and Conditions with immediate effect.
2.1 Supplier. Each product in your order is sold either by us or by the local or international seller that is specified on the Site.
2.2 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.
2.3 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) bank transfer; or
c) Cash on delivery (an amount not exceeding AED 2500.00)
2.4 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.
2.5 We may remove or add cards or other payment methods that we accept at any time without prior notice to you.
2.6 Cancelling Order. You may cancel your order immediately prior to shipping for any reason.
2.7 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 2.8, below.
e) order(s) not being capable of fulfilled due to product(s) not being available.
2.8 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.
3.1 Delivery Costs. The costs of delivery will be as displayed to you on our Site.
3.2 Delivery Date. This information will be displayed to you on our Site.
3.3 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.
3.4 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.
3.5 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.
3.6 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.
3.7 Invoice. We will issue an electronic invoice for your purchase and send such invoice to the email address you provided to us.
4.1 below sets out our conditions for returns:
4.2 Non-returnable Products. You do not have a right to return, replace or exchange products in respect of:
a) products that have been used or damaged by you or are not in the same condition as you received them;
b. products with tampered or missing serial numbers.
4.3 Contacting Us (arrange a Return). You may contact us through email, social media or live chat on the Site, or by calling our call centre on +971 56 525 1808
4.4 Your Refund: 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:
a) if the products are faulty or not as described on our Site; or
b) 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 2.6.
4.5 Refund Procedure. We will issue a refund to you depending on the method you used for payment, as follows:
a)if you paid by cash on delivery, we will issue a refund to your wallet; or
b)if you paid by credit/debit card, you can choose to have a refund by credit/debit card or to your wallet.
4.6 Refund Timescale. Your refund will be initiated once your product is received back in our customer fulfilment center and inspected by our team, and the final refund will be received by you as follows:
a) if the refund is to your credit/debit card, within thirty (30) days from the day on which we receive the product back in our customer fulfilment center;
b)if your refund is to your wallet, you will receive the refund immediately after your product is received back in our customer fulfilment center and inspected by our team; or
c)if you have cancelled your order before shipping, an automated refund will be provided back to you.
|Return||Return (Possibility)||Return Condition|
|You have received a wrong product;||Yes||Product is unused, in original unbroken packaging and includes all tags.|
|You have received a product that is not as described on the Site; or||You must return the product within seven (7) days of receipt of shipment.|
|You have received a damaged product.|
5.1 Except for the rights expressly granted under these Terms and Conditions:
a) all content included on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads and software is our property or the property of our licensors. We (or our licensors, as the case may be) retain all right, title and interest in and to the Site and the Services, including, without limitation, all Intellectual Property Rights therein; and
b) all rights, title and interest in and to any information, materials or other content that you provide in connection with your use of the Services, including all Intellectual Property Rights therein, will become our property.
5.2 You agree that you have no right to use any of our trademarks without our prior written consent.
5.3 All rights not expressly granted to you in these Terms and Conditions are reserved and retained by us or our licensors.
6.1 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)b. you have full power and authority and make payment in accordance with these Terms and conditions; 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 and conditions
6.2 Subject to clause 6.1, 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.
6.3 The warranty in clause 6.1 will be your sole and exclusive remedy under these Terms and Conditions.
7.1 Nothing in these Terms and Conditions 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.
7.2 Subject to clause 7.1, 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 or 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.
7.3 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.
7.4 You agree to indemnify and hold us, our parent company, 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, including, without limitation, any of the warranties, representations and undertakings; or
c)your violation of any applicable laws.
There may be a number of links on our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the SAFQAT Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the services or goods that they may provide to you.
9.1 Governing Law. These Terms and Conditions and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of Dubai and the applicable Federal Laws of the United Arab Emirates.
9.2 Dispute Resolution:
a)If you are not satisfied with any products that you have purchased using our Site, you should contact us through email, social media or live chat on the Site, or by emailing us at firstname.lastname@example.org
b)If you are unable to resolve your issue under clause 9.2 (a) within forty-five (45) days of notifying the seller of your issue, any disputes or claims arising out of or in connection with these Terms and conditions, including any non-contractual rights or obligations arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration under the Abu Dhabi Courts, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The language to be used in the arbitration shall be English.
9.3 Third Party Rights. A person who is not a party to these Terms and Conditions has no right to enforce any of its term.
9.4 Relationship of the Parties. Nothing contained in these Terms and Conditions will be deemed or construed by the parties or any third party to create the relationship of partnership or joint venture between the parties, it being understood that the parties will at all times remain independent parties contracting for services.
9.5 Further AssurancesThe parties will do and execute or arrange for the doing and executing of each necessary act, document and anything reasonably within its power to implement and give effect to these Terms and Conditions to its full extent, including, without limitation, assisting each other in complying with applicable law.
9.6 Assignment. These Terms will be binding upon and ensure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms or any of your rights or obligations under these Terms and Conditions, whether directly or indirectly, without first obtaining our prior written consent, such consent not to be unreasonably withheld.
9.7 Severability. If any provision of these Terms and Conditions is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms of Conditions and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.
9.8 Force Majeure. Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or services to us,
labour disruptions, blackouts, embargoes).
9.9 No Waiver. Any waiver by us of any of the provisions of these Terms and Conditions will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.
11.1. We have made every effort to display as accurately as possible the colors of our products that appear on our website. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any color will be completely accurate.
11.2. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been incorrectly published, including prices and promotions.
11.3. Our website attempts to be as accurate as possible. However, our website does not warrant that product descriptions or other content of the site are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, please contact our customer service department at our website.
12.1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
12.2. Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
12.3. Interfering with any other person’s use or enjoyment of the Site.
12.4. Breaching any applicable laws;
12.5. Interfering or disrupting networks or web sites connected to the Site.
12.6. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
12.7. Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our site, services.
13.1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by us for redelivery shall be claimed from you.
13.2. That you will use the services provided by our website, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
13.3. You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our website and / or other affiliated websites without prior intimation whatsoever.
IV. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
V. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
VI. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
VII. You shall at all times ensure full compliance with the applicable provisions including, but not limited to GST, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies regarding Your use of Our service.
VIII. It is possible those other users (including unauthorized/unregistered users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
If you have any concerns about your Information on the Platform, please contact us at email@example.com with a thorough description, and we will try to resolve it.