1.
USING OUR ONLINE DISPLAY
WEBSITE
In using this Online Display Website, you are deemed
to have Read, Understood and Agreed to the Terms and Conditions as stated here
with.
2.
ONLINE DISPLAY
The terms and conditions
of trade and/or any transaction with Online Display shall be subject to the
terms and conditions as stated in the Online Display Website ONLY. Any terms
and conditions of Al Naesar Trading Co. LLC and other companies of the ANTCO Group
are accordingly not applicable to Online Display.
3.
DEFINITIONS AND INTERPRETATIONS
In this Agreement the following terms shall have the respective meanings
assigned to them:
- "Business Day" shall mean a day except Saturday,
Sunday and public holidays and unscheduled holidays, on which banks and
financial institution are open for business in UAE.
- "Company" shall mean Al Naesar Trading Co. LLC.
- "Online Display" and “eDisplay” shall mean this
website division of the Company which is a separate and distinct division
of the Company. This display is NOT considered an eStore or eCommerce
website as an online payment gateway has not been implemented. Payment
for all transactions through this display will occur over traditional,
offline payment methods discussed below.
- "Information" shall mean all those information in
whatever forms of the Website.
- "Force Majeure" shall mean an act or event or cause
(other than lack of funds) which is beyond the reasonable control of the
concerned party, including:
- Act of God, peril at sea, accident of navigation,
war, sabotage, riot, insurrection, civil commotion, national emergency
(whether in fact or law), act of terrorism, martial law, fire, lightning,
flood, cyclone, earthquake, landslide, storm or other adverse weather
conditions, explosion, power shortage, strike or other labour difficulty
(whether or not involving employees of the party concerned), epidemic,
quarantine, radiation, or radioactive contamination;
- Action or inaction of a government or other
competent authority (including a court of competent jurisdiction),
including expropriation, restraint, prohibition, intervention,
requisition, requirement, direction or embargo by legislation,
regulation, decree or other legally enforceable order; and
- Breakdown of plant, machinery or equipment or
shortage of fuel, power or plant, machinery, equipment or material.
- "Products" shall mean the products as stated in the
Website offered to be sold by the Online Display ONLY and not those of the
other divisions of the Company.
- "UAE Dirham" or "AED" shall mean the lawful
currency of the United Arab Emirates.
- “Website” shall mean the Online Display Website ONLY and not
those of the other divisions of the Company and the other companies of the
ANTCO Group of companies.
In this Agreement, unless the context and subject
matter otherwise requires:
- The singular includes the plural and vice versa.
- Words importing one gender include the other gender and words
importing persons include corporations and unincorporated bodies of
persons and vice versa.
- References to Clauses, Schedules and Appendices are references
to clauses, schedules and appendices of this Agreement.
- The table of contents and headings of the Clauses herein are
for convenience of reference only and do not form part of this Agreement
or affect the interpretation thereof
- Any reference to a statutory provision includes that provision
as from time to time modified or re-enacted so far as such modification or
re-enactment applies or is capable of applying to any transaction entered
into under or in connection with this Agreement.
- A period of days or after any date or the happening of an event
or the doing of any act or thing shall be deemed to be exclusive of that
date or the day on which the event happens or the act or thing is done.
- The schedules of this Agreement shall constitute an integral
part of this Agreement.
4.
DISCLAIMER OF LIABILITY
The Company shall not be
responsible for and disclaims of all liability for any loss, liability, damage
(whether direct, indirect or consequential), personal injury or expense of any
nature whatsoever which may be suffered by you or any third party, as a result
of or which may be attributable, directly or indirectly, to your access and use
of the Website, any information contained in the Website, your personal
information or material and information transmitted over our system. In
particular, neither the website owner nor any third party or data or content
provider shall be liable in any way to you or to any other person, firm or
corporation whatsoever for any loss, liability, damage (whether direct or
consequential), personal injury or expense of any nature whatsoever arising
from any delays, inaccuracies, errors in, or omission of any information or the
transmission thereof, or for any actions taken in reliance thereon or
occasioned thereby or by reason of non-performance or interruption, or
termination thereof.
5.
TRADEMARKS
The trademarks, names,
logos and service marks (collectively “trademarks”) displayed on the Website
are registered and unregistered trademarks of the Company. Nothing contained on
the Website should be construed as granting any license or right to use any
trademark without the prior written permission of the Company.
6.
CONFIDENTIALITY
- The information is the property of the Company. No party is
given the authority for the extraction, copy and/or download of any of the
Information in whatever form, modified or unmodified, on diskette, CD,
DVD, website or any other medium for whatever purposes unless with the
prior written consent of the Company.
- The contents of the Website may be changed from time to time at
the discretion of the Company.
7.
USAGE OF THE PRODUCTS
- The
Products are meant for use by normal healthy adults; otherwise, the user
should consult his personal physician to ensure the equipment is
appropriate for him before using the Products.
- The user
has to read, understand and follow strictly the underlying instructions in
the owner's/user's manual, if any, before usage.
- The
Products are for Professional Use and for Commercial purposes ONLY.
8.
PAYMENT
- Payment
shall be made by way of advanced bank transfer, cash on delivery, current
dated cheques or by credit/debit cards.
- If a buyer opts for
payment on delivery, the order amount mentioned on the invoice is
binding. No price negotiations or order cancellations will be accepted on
delivery and a refusal to pay will result in a ban from our Online
Display and a complaint lodged with the relevant authorities.
- The
Payment is processed in-house or by the payment terminal used at the time
of the transaction.
- Advanced
bank transfers are recommended for faster processing and delivery.
Al Naesar Trading Co. LLC reserves the right to cancel
any order placed through the online platform. We will communicate any
cancellation over email.
9.
DELIVERY
- The
Company will process your order on the next Business Day and complete
transaction details had been received by the Company.
- You have to ensure your address is correct and complete
otherwise the Company shall not be responsible for any consequences
therefrom.
- Delivery will only be made on Business Days.
- Accessories and Specialty Products will normally be delivered
by courier services or company drivers. If courier is used, a tracking
number may be provided via email once delivered. The buyer must ensure
they are physically present on the date of collection.
- Equipment will normally be delivered by trucks for which the
delivery will usually take around 3 to 7 days to arrive around major towns
and cities in the UAE. You will be contacted via phone to schedule a
convenient date and time for delivery.
- Delivery charges together with the purchase price shall be
confirmed on checkout.
10. RETURN
AND EXCHANGE
- Goods sold
are STRICTLY not refundable and not exchangeable UNLESS under the
following circumstances for which the goods may be exchanged:
- Manufacturing defects;
- Items damaged during
delivery; or
- Non-conforming items
delivered.
- Terms for
Exchange:
- You
have to inspect the Products upon receipt of the goods.
- You
have to send the duly Notice of Non-Conforming or Damaged Products within
3 days from the date of receipt of the Products to ([email protected]),
failing which the Products are deemed to be received in good order and
conditions.
The Notice of Non-Conforming or Damaged Products should include the
following particulars:
Sales Order Number:
Name of Purchaser:
Address:
Telephone Number:
House:
Hand Phone:
Particulars of Non-Conformity/Damage:
A picture clearly showing the Non-Conformity/Damage shall be accompanied
by the Notice of Non-Conformity/Damage. Any such notice with incomplete
information will not be entertained.
- After your
notification has been verified which normally takes 5 Business Day, the
Company will notify you the mode of exchange i.e. either by pickup or
visiting our office.
- Exchange By Pickup
The buyer must pack the items in original condition (not worn) with
complete labels and tags.
We will charge a pickup
fee equal to the delivery fee charged at the time of purchase.
The buyer may also opt, at their expense, to return the Products via a
traceable courier. The replaced product will be sent to you within 5 days after
the receipt of the Products to be exchanged.
- Exchange at our
location
Exchanges can be done at our office located as follows:
45 Aden Street,
Ras Al Khor Industrial Area 1,
Dubai, United Arab Emirates
4. Exchanges
have to be made within 14 days from the date of notice of exchange.
5.
Should the
Products to be exchanged is out of stock, the Company will refund the
money to you without interest.
11.
WARRANTY
The warranty is valid only if the Usage of the
Products under Clause 6 herewith are fully complied and subject to the
following terms and conditions:
- The
warranty is undertaken by Al Naesar Trading Co. LLC. which shall be solely
responsible for the warranty of that product and any consequences arising
therefrom for a 1-year warranty period.
- The
warranty on discontinued and discounted products are under Section 12. We will
abide by those terms which are in addition or replace these general
warranty terms.
- The
warranty is valid only in the UAE and for the Products purchased from the
Online Display of the Company.
- The warranty commences from the date on the order invoice of
the product.
- The warranty covers repair only. The replacement of any parts
shall be at the sole discretion of the Company after proven to be
defective beyond repairs and the warranty period for the parts shall only
be limited to that as printed and stated on the original Invoice.
- The warranty does not cover transportation. However,
transportation for the first year may be waived subject to the sole
discretion of the company.
- The warranty does not cover damages resulting from:
- Abnormal
voltage and/or the use of generator or any other unauthorized power
sources;
- Usage
not accordance with the Operation Manual, instructions &
specifications;
- Personal/Retail
use, misuse, abuse, negligence and/or accident howsoever caused;
- Normal
wear or tear and body rust;
- Damages
caused by natural disaster (flood, fire, lightning, pollution),
unauthorized alteration or modification.
- The warranty shall be null and void in any of the following
events:
- If
any item has been tampered with, removed, adjusted, modified, dismantled,
repaired, or altered in any way without the prior written consent of the
Company, or handled in any way whatsoever, by any person or persons not
authorized by the Company;
- If
the serial number or Q.C sticker on the Product has been defaced or
removed; and/or
- The warranty is in lieu of any, and all other warranties
expressed or implied warranty of merchantability or Al Naesar Trading Co.
LLC for a particular purpose. The company assumes no liabilities for the
breach of the warranty beyond correcting the breach in the manner
described above. In no event shall the Company be liable for any
consequential losses and/or damages, including but not limited to losses
and damages arising from the usage of the Product and/or body injuries,
either to the purchaser and/or any third party.
- This warranty will serve as reference for the original invoice
that shall be presented to the Company on any request for warranty
services within the warranty period.
- Servicing
of the Products under warranty shall only be carried out at the following
time excluding Public Holidays:
- 8.30
a.m to 4.30 p.m (Monday to Friday)
- 8.30
a.m to 4.00 p.m (Saturday)
- Any
service outside the above stipulated time shall be at the sole discretion
of the company and is chargeable.
- All
enquires and services are to be directed to us at +97143338611 by phone or
email through at [email protected].
12.
DISCONTINUED PRODUCTS
We occasionally offer discontinued products at heavily
discounted prices. Listings that reference this section and are marked as ‘Discontinued’
in the product description will follow the warranty terms in this section. Section
11 will apply for all other discontinued products where the terms have not been
explicitly described in this section.
The warranty terms of these items will differ from regular
warranty terms and are as follows:
12.a Oerlikon
All products sold under the OERLIKON brand follow
these terms:
-
All items are sold in “as is” condition in
addition which follow these warranty terms:
o
No warranty
o
No replacement
o
No servicing
o
No on-site technical help
We will provide remote assistance along with catalogues,
manuals and brochures if requested and are available.
All other listed items for this brand will follow the
warranty terms described in the Section 11.
12.b Stabila
These specific terms apply to Stabila discontinued
and discounted products:
o
No warranty
o
Products may be replaced if stocks are available
o
No servicing
We will provide remote assistance along with catalogues,
manuals and brochures if requested and are available.
All other listed items for this brand will follow the
warranty terms described in the Section 11.
13. FORCE MAJEURE
The Parties hereto agree
that no party shall be considered to be in default of the performance of its
obligations under this Agreement if the performance is prevented or delayed
because of Force Majeure PROVIDED HOWEVER that there must be a direct causal
relation between the prevention or delay and the event or events involved and
that further the party affected by such event or events must take all action
necessary and reasonable under the circumstances to remove the cause or causes
of such prevention or delay and to proceed to perform its obligations
hereunder. The provision of this Clause shall not be applicable to any
obligations involving the payment of money and to any specified currency or
place of payment.
14. EXTERNAL
LINKS
External links may be
provided for your convenience, but they are beyond the control of the Company
and no representation is made as to their content and accuracy. Use or reliance
on any external links and the content thereon provided is at your own risk.
15. CONFLICT
OF TERMS
If there is a conflict or
contradiction between the provisions of the Website terms and conditions and
any other relevant terms and conditions, policies or notices, the other
relevant terms and conditions, policies or notices which relate specifically to
a particular section or module of the Website shall prevail in respect of your use
of the relevant section or module of the Website.
16. SEVERABILITY
Any term, condition,
stipulation, provision, covenant or undertaking in this instrument which is
illegal, void, prohibited or unenforceable shall be ineffective to the extent
of such illegality, voidness, prohibition or unenforceability without
invalidating the remaining provisions hereof, and any such illegality,
voidness, prohibition or unenforceability shall not invalidate or render
illegal, void, prohibited or unenforceable any other term, conditions,
stipulation, provision, covenant or undertaking herein contained.
17. CHANGES
OF TERMS AND CONDITIONS
The Company reserves the
right to change these terms and conditions from time to time as it deems fit
and your continued use of the site will signify your acceptance of any
adjustment to these terms and conditions.
18. GOVERNING
LAW
The Parties agree that
this Agreement shall be governed by and construed in accordance with the laws
of UAE.
IMPORTANT:
When you place any Order and/or Purchase any Product based
on this Online Display Website, you are deemed to have Read, Understood and
Agreed to the Terms and Conditions as stated herewith.