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SALE TERMS AND CONDITIONS

OVERVIEW

This website is operated by Souqek. Throughout the site, the Terms & Conditions “we”, “us” and “our” refer to Souqek. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all Terms & Conditions, policies, and notices stated here. The owner and operator of the site is Souqek eCommerce, a company registered in the Department of Economic Development (“UAE”) with its office located at Clover Bay Tower Business Bay Dubai, UAE Please read these terms carefully before you submit your order via the Site. By placing an order

A. ORDER POLICY

1. Supplier. Each product in your order is sold either by us or third-party through local or international seller that is specified on the Site.
2. Order Acceptance. Once your order is accepted, you will be notified through 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.
3. Minimum/Maximum Order. All available items are subject to minimum or maximum purchase
requirements.
4. Bulk/Multiple Purchasing. We reserve the right to reject any orders, at our sole discretion, where we Vdetect bulk purchasing or multiple units of similar products being purchased.

B. PAYMENT POLICY

1. Payment Method. 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. Payments are accepted through
the following;


a) Credit/Debit card;
b) PayPal
c) Your Souqek Wallet
d) Cash on delivery

 

2. 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.
3. We may remove or add cards or other payment methods that we accept at any time without prior notice to you.
4. Invoice. We will issue an electronic invoice for your purchase and send such invoice to the email address you provided to us.

C. CANCELLATION POLICY

1. Cancelling Your Order. You may cancel your order immediately prior to shipping for any reason.
2. Our Cancellation. We may cancel your order(s) if:

 

a) you fail to make any payment to your order.
b) you fail to provide us with the necessary information for us to process the order
c) you fail to allow us to deliver the products to you or collect them from us

D. DELIVERY POLICY

1. Delivery Cost. The cost of delivery is automatically displayed, subject to Clause A.3 of this terms and condition
2. Delivery Date. The date of delivery will be displayed to you on our Site.
3. Delivery Delays:

 

a) if our supply of the item 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 receive the item/package and the item cannot be posted through your postbox, we will notify you of how to rearrange delivery or collect the product;
c) if you do not collect the item 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.
d) If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we will cancel your order.

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.
5. Delivery from Overseas. In the event that your order requires delivery from overseas, 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.
6. Product Ownership. Any item that has been delivered to your address, have paid for and received by you or any representative, shall be under your sole respo

E. RETURN POLICY

Our return policy with respect to certain product categories:

1. You have received a wrong item, you can return it to us provided that the item is unused, in original unbroken packaging and includes all tags.
2. If you have received a product that is not as described; or you have received a damaged product. For refurbished products, you must return the product within seven (7) days of receipt of shipment. For electronics, open products will be accepted if different from description or picture displayed.
3. If you have changed your mind, items can only be returned in certain conditions. You have a right to return a product within fifteen (15) days of receipt of shipment. For refurbished products, you must return the product within seven (7) days of receipt of shipment.

a) Fashion. open packaging accepted if the product(s) still has the original tags
b) All other Categories. Only unbroken original packages including all accessories

F. REFUND POLICY

1. 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) Fashion. open packaging accepted if the product(s) still has the original tags
b) All other Categories. Only unbroken original packages including all accessories 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

G. 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.

H. DEFECT OR DAMAGE TO YOUR PRODUCT

1. Warranty. A twelve (12) month warranty will be provided for certain purchased products against defects that occur after purchase and a twenty-four (24) month warranty for all Electronic (defined herein) products that are sold to buyers. A three (3) month warranty (maximum) will apply to selected refurbished products. The warranty is not applicable to cases other than defects in material, design and workmanship. Warranty obligations are limited to repair of defective product or replacement of the defective part, or replacement or refund according to market price of the product itself (such decision at the product seller’s discretion). Not all products are covered by the warranty, always check the product listing to know if it includes warranty benefits.
2. Authorised Service Centres. On selected products and in instances where we are considered the seller, warranty repairs will be carried out by authorized service centres. In instances where products are bought through a seller that is not us, the terms of the respective seller’s warranty will apply. Please refer to our Warranty Policy for more details.
3. Warranty Period. Repair or replacement under the terms of this warranty does not provide right to extension or renewal of the warranty period. Warranty terms are in accordance with your device manufacturer. For more details about specific terms of the warranty for your device, please visit the support page of your product.
4. Warranty Not Applicable. The warranty does not apply in the following circumstances:

a) if a repair has been attempted by any service centre not authorized by the product seller; physical damage i.e. product presenting clear signs of damage like broken screens, heavy dents, bent products, that can prevent a product from functioning properly; liquid damage i.e. any situation involving the submersion or splashing of an electronic device in any liquid/or when water indicator (if any inside the device) changes colour;
b) original software alteration or modification (e.g. “root” for Android devices or “jailbreak” for Apple devices);
c) if there has been use of non-original accessories with your purchased product;
d) if the serial number is removed from the product;
e) for maintenance and periodic checks of purchased products;
f) for replacement of consumables (e.g. batteries, light bulbs, fuses, headphones or
printer ink);
g) where there has been abuse or misuse of the product e.g. by not using it for its intended purpose or not in accordance with manufacturer’s instructions on usage and maintenance;
h) where there has been damage of a product’s battery caused by overcharging, failure to use in accordance with the specific instructions of core outlined in product user manual or where charged by chargers other than those approved by manufacturer; and
i) if any of the seals on the battery enclosure or cells are broken or show evidence of tampering.

5. Warranty Claim. You may contact us through email, social media or live chat on the Site, or by calling
us at +971 4 566 7485

I. WARRANTIES, REPRESENTATIONS & UNDERTAKINGS

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 Sale Terms and Conditions, and make payment in accordance with these Sale 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 Sale Terms and Conditions.

2. Subject to clause H.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 noninfringement, 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.
3. The warranty in clause G.1 will be your sole and exclusive remedy under these Sale Terms and  Conditions.

J. LIABILITY

1. Nothing in these Sale 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

2. Subject to clause I.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 Sale Terms and Conditions 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.
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:
4. 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;

5. Subject to clause I.1, if clauses H.3, I.2 or I.3 are held to be unenforceable or inapplicable for any reason, then the total liability (including legal fees) applicable to us, our parent company, 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 Sale Terms and Conditions shall be limited to the lesser of, a) the price the product sold for on our Site and its original and return shipping costs; or b) AED 150.
6. 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 Sale Terms and Conditions, including, without limitation, any of the warranties, representations and undertakings; or
c) your violation of any applicable laws.

J. GENERAL

1. Governing Law. These Sale 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.
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 calling us at +971 4 566 7485
b) If you are unable to resolve your issue under clause J.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 Sale Terms and Conditions, including any non-contractual
rights or obligations arising out of or in connection with these Sale Terms and Conditions shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC – LCIA Arbitration Centre, which Rules are deemed to
be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Dubai International Financial Centre. The language to be used in the arbitration shall be English.

3. Third Party Rights. A person who is not a party to these Sale Terms and Conditions has no right to enforce any of its term.
4. Relationship of the Parties. Nothing contained in these Sale 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.
5. Further Assurances. The 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 Sale Terms and Conditions to its full extent, including, without limitation, assisting each other in complying with applicable law.
6. Assignment. These Sale Terms and Conditions 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 Sale Terms and Conditions or any of your rights or obligations under these Sale Terms and Conditions, whether directly or indirectly, without first obtaining our prior written consent, such consent not to be unreasonably withheld.
7. Entire Agreement. These Sale Terms and Conditions and the documents referred to or  incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided in these Sale Terms and Conditions and the documents referred to or incorporated into these Sale Terms and Conditions by reference, there are no
conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied.
8. Amendment. These Sale Terms and Conditions cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these Sale Terms and Conditions at any time and from time to time. We will post the current version of these Sale Terms and Conditions on the Site and each such change will be effective upon posting on the Site or upon the date designated by us as the “effective date” (if any). Your continued use of the Site and our services following any such change constitutes your agreement to be bound by and its acceptance of these Sale Terms and Conditions as so modified.
9. Severability. If any provision of these Sale Terms and Conditions is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Sale Terms and 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.
10. 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).
11. No Waiver. Any waiver by us of any of the provisions of these Sale 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.
12. Survival. All provisions that either expressly or by their nature survive, will survive suspension or termination of your membership of the Site.

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