- A. These terms and conditions (“Purchasers Terms”) apply to your use of the services offered by Ellaycom, which includes orders by phone, by way of www.ellay.com (the “Website”) and/or in writing (all the “Network”). In relation to the Website, these Purchasers Terms apply whether you are accessing it through a computer system, via a mobile device or by using any app that is provided by us.
- B. These Purchasers Terms set out the relationship between us and you and the terms on which we provide the Network, the terms on which products (“Products”) are sold via the Network and general terms applicable to your use of the Network (including without limitation the Website) and purchase of Products. You may not use this Website, and you may not proceed to purchase a Product on this Network, if you do not agree to these Purchasers Terms.
- C. These Purchasers Terms are effective from 1 November 2018. We may change these Purchasers Terms at any time by posting an updated version of the Purchasers Terms on this Website. We encourage you to check this Website regularly for any amendments to the Purchasers Terms and to read the Purchasers Terms each time you purchase a Product on this Network. Your use of the Network will constitute your express consent to these Purchasers Terms.
- D. Nothing in these Purchasers Terms affects your statutory rights, either as a consumer or otherwise.
2. YOUR PROFILE
- A. If you wish to use the Website to purchase Products, you will need to register with us. You may register an account with this Website or purchase Products only if your membership has not previously been withdrawn or suspended by us.
- B. You are responsible for maintaining the confidentiality of your account user name and password and for preventing unauthorised access to your profile. You agree to accept responsibility for all activities that occur under your account or password. Please take all necessary steps to ensure that the user name and password is kept confidential and secure. Please inform us immediately if you have any reason to believe that your user name and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorized manner.
- C. By entering the information, you warrant that the details you provide to us are correct and complete and you agree that you will inform us immediately of any changes to those details (e.g. change of email or postal address). You can access and update your details using the "My Account" area of the Website.
- D. You will not be charged by us for registering an account, browsing through or posting content. You will however be responsible for paying the price of the Products you purchase (including any tax on the purchase price and any import/export duties) and delivery costs.
- E. We reserve the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, you will not be charged.
3. SUSPENDING AND TERMINATING YOUR ACCOUNT
- A. Without affecting any other rights and remedies we may have, we may suspend or terminate your account, your access to the Network and/or your use of this Website if:
- i. you breach the Terms, these Purchasers Terms or the terms of any of our policies;
- ii. we suspect on reasonable grounds that you might commit a breach of the Terms or these Purchasers Terms;
- iii. you engage in any activity that is against the law;
- iv. you do anything that adversely affects our business or reputation;
- v. We consider that you are disrupting, disturbing or interrupting the operation of the Network or this Website in any way;
- vi. We consider that you are a fraud risk, are using multiple names or accounts, or are using proxy internet protocol addresses to hide the use of multiple accounts; or
- vii. We consider it is necessary, for any reason, to protect us, the Network or the users of the Website.
- B. You can deregister your account and stop using this Website at any time. We will keep your account and all your content in an inactive mode but it may not necessarily be deleted. If we elect at our discretion to permanently delete all your content after you have deregistered your account or for any other reason (including a period of inactivity on your part), it will not be able to be recovered or accessed again and we will have no liability or responsibility for this.
- C. Without prejudice to any other of our rights and remedies under these Purchasers Terms or at law, we may choose to take other technical and/or legal steps against any person who creates problems or possible legal liabilities of any kind, who infringe act inconsistently with these Purchasers Terms, our policies or any relevant law.
4. ORDERING A PRODUCT AND PAYMENT
- A. If you use the Network to order Products, you agree to pay the full amount payable for such Products as indicated during the order process, along with any shipping costs or other charges applicable to that order. If the issuer of your credit or debit card refuses to authorise payment, we will cancel your order and contact you for an alternative method of payment. We cannot be held responsible if this results in a delay in dispatching your order.
- B. Once you place your order, you will receive a confirmation email from us regarding your order. It is at this point that the total price of your order (including purchase price of the Products and any tax on the purchase price as well as delivery costs) will be charged to your credit or debit card. However, your offer to purchase any Products will be deemed to be accepted by us only if and when your product is dispatched by us. It is at this point that the sales agreement between you and us becomes binding. In the case of cash on delivery items, this means that you are contractually bound to accept and pay for goods when they are delivered to you.
- C. It is your responsibility to keep track of the status of your order.
- D. We may not accept your order in a variety of situations, including:
- i. if the item is out of stock,
- ii. if we are unable to obtain authorisation for your payment,
- iii. if shipping restrictions apply to particular Products,
- iv. if any of the Products fail our internal quality checks, or
- v. for any other reason (at our sole discretion).
We will not process your payment (or process your order) in these types of situations.
- F. You may pay for the Products which you order by supplying your credit/debit card details OR by paying cash on delivery. We regret that we cannot accept cheques, paper gift vouchers or similar modes of payment.
- G. When you place your order, our system automatically asks your card issuer for authorisation for the transaction amount. If we get a valid authorisation, your card issuer will hold this value expecting a charge from us. Receipt of your credit card details and debit of payments does not constitute our acceptance of your order.
- H. We accept orders for Products subject to availability. If for any reason the Products you ordered are no longer available, we will contact you using the contact details you supplied when placing your order and either:
- i. offer you an alternative Product of equivalent quality and price if this is possible; or
- ii. cancel the Product from your order and give you a full refund in respect of that Product.
If we are unable to contact you or do not receive a response from you, we will process any remaining Products on your order and refund you for the Products we were unable to supply.
- I. If you order any Products, you agree to pay the full amount payable for such Products as indicated during the order process, along with any shipping costs or other charges applicable to that order. If the issuer of your credit or debit card refuses to authorise payment, we will cancel your order and contact you for an alternative method of payment. We cannot be held responsible if this results in a delay in dispatching your order.
- J. Please note that we cannot guarantee the security of data that you send to us by email. Accordingly, please do not send us payment information using email.
- K. Unless we act either fraudulently or negligently, we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide to us when placing an order.
- L. If you are under 21, you acknowledge and warrant that you have permission from your parent or guardian to use this Network and purchase any Products.
- A. Once you order and pay for any of the Products offered on this Network, the delivery period for your order is based on the Products you have purchased and is excepted to be between 2 to 3 days for the UAE / 3 to 7 days for KSA, your shipping address and the delivery options you choose.
- B. The address for delivery provided by you should be correct and proper in all respects. We will deliver to your residential address or primary place of work only. We will not deliver to addresses such as hotel addresses, parking lots or other public places. If your Products cannot be delivered to you due to a mistake by you (for example, incorrect contact or address details), any additional cost towards re-delivery shall be payable by you.
- C. Delivery occurs when the items are delivered to the delivery address you specified when placing your order. At this point, responsibility for loss, breakage and damage passes to you. Ownership of items purchased does not pass to you until payment is received by us in full. You will be asked to sign for acceptance of the Products which means that the Products are correct and have been received in good condition.
- D. If you are not at the delivery address, we will assume that any adults that are present home are authorised by you to take delivery of the goods that you have ordered. However, we will not leave your Products with anyone under the age of 21.
- E. If there is no one at the delivery address, or only people under the age of 21, we will not leave the Products at the delivery address. We will then contact you to arrange an alternative delivery time.
- F. We strive to ensure that carriers deliver your Products to you on time. However, we do not assume liability for any direct or consequential damage suffered by non-delivery or delayed delivery.
- G. If we are unable to contact you or do not receive a response from you, we will process any remaining items on your order and refund you for the items we were unable to supply.
- H. Please note that the delivery people will only deliver the Products to your front door.
6. DISPLAYED PRICES AND CURRENCY
- A. Products are invoiced in United Arab Emirates Dirhams / or Saudi Riyals at the price prevailing at the time you place your order. Although we try to ensure that all prices on the Network are accurate, errors may occur. If we discover an error in the price of Products you have ordered, we will contact you as soon as possible. You will have the option of either confirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced Product as cancelled.
- B. Prices displayed in this Network are the final prices, which means that (unless otherwise stated) the displayed price will be inclusive of any tax, charge or fee that may be levied on it, except for the delivery fees and customs duties, which are payable at the time of delivery and may vary depending on the delivery option selected by you and your delivery address. If you do not pay such amounts, delivery may be withheld.
- C. In the case of refunds, the amount of the refund will be converted to currency of the credit card at the prevailing conversion rate at the date the refund is processed by us.
7. INTERNATIONAL ORDERS AND DELIVERIES
- A. Users who reside outside of the United Arab Emirates may also have to comply with the laws of the country in which they reside, such as prohibition on the sale or purchase of certain products.
- B. Such Users shall also note that the custom rules of the country they reside in might not allow certain products to enter the country or might require personal collection from customs. There might also be customs duties applicable to such products, in which case such amounts will be collected from you upon delivery.
- C. Users using foreign credit or debit cards should also be aware that in some cases the banks may charge their customers for international transactions. We are not responsible for any charges levied by banks.
- D. Customers using foreign credit or debit cards should note that the amount charged on their credit or debit card will have the purchase price displayed in UAE Dirhams / Saudi Riyals which is converted into the currency of the credit card or debit card at the prevailing conversion rate by the banks.
- E. You are considered to be the importer of record and must comply with all laws and regulations of the country to which the items will be delivered. Cross-border deliveries are subject to opening and inspection by customs authorities.
- F. We cannot be responsible for any instance in which Products ordered via the Network are delayed, detained or destroyed by local customs authorities due to non-compliance with local requirements. We cannot be responsible for any instance in which items ordered via the Network are subject to import duties and taxes, which are levied once the package reaches the specified destination; you are responsible for any customs-related charges. Customs policies vary widely from country to country, and so we encourage you to contact your local customs office for further information.
- A. We are not the manufacturer of the Products and services sold via the Network. we will do our best to ensure that information provided on the Network is accurate, but it does not warrant that it is accurate, complete, reliable, current, or error-free. You should not rely solely on the information presented on the Network, and you should read labels, warnings and directions provided with the Products. Please let us know of any errors that you find.
- B. We have made every effort to display the colours, specifications and dimensions of Products on the Network as accurately as possible. We cannot guarantee that your monitor's display of any colour will reflect accurately the colour of the Product delivered. We may from time to time vary the dimensions, specifications and quantities of Products displayed on the Network without prior notice.
- C. The images of the Products are for illustrative purposes only. Actual Products supplied may vary slightly from the image shown.
9. CANCELLATIONS AND REFUNDS
- A. If you wish to cancel your order, please contact our Customer Service Center. As we try to process orders immediately it may not always be possible to prevent an order from being dispatched. Orders must be available for return within fourteen from delivery.
- B. Any electronic or mobile Products deemed defective must be inspected by an authorized service center appointed by us in order to validate its condition before an exchange/refund is given.
- C. If you are not satisfied with the quality of the Product you have purchased, you may call our Customer Service Center and a representative will assess your request for a replacement of the Product or refund of the purchase price.
- D. If we send you an incorrect Product, please notify our Customer Service Center as soon as possible and they will arrange for pickup. If you would like us to replace the incorrect Product with the Product you ordered we will send you the correct Product as soon as possible.
- E. Please note that once we have dispatched Products to you, you will not be able to cancel the provision of any additional services carried out by us at your request (e.g. gift wrapping). As soon as we receive notice of your cancellation of a Product, we will refund the relevant part of the purchase price for that Product within 1 week in the UAE / 2 weeks in KSA.
- F. Where we agree that the Products can be returned, and in case you paid for your Products credit for the value of the Products will be applied to the same credit card you used for the purchase of returned to a bank account given by you in case of cash on delivery.
- G. We reserve the right to refuse to provide a refund for any Products in circumstances where it is clear that the goods have been used (such as, without limitation, having their packaging tampered with or no longer being in original packaging) or where such a refund would be prohibited by law or regulation in any country that could be held to have jurisdiction over that refund (such as for undergarments or skincare products).
- A. We will not be responsible for any losses you suffer as a direct result of us breaching these Purchasers Terms. We will not be responsible to you or any third party for any loss or damage (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) which does not result directly from our actions or the actions of our sub-contractors or agents, nor for any consequential loss or a loss that was not reasonably foreseeable to both you and us when the contract was formed.
- B. Without limiting the generality of the above, you acknowledge and agree that, to the extent permitted by law, neither us, nor our suppliers nor any of our employees, agents or contractors will be liable for any misadventure, accident, injury, loss or claim suffered either directly or indirectly by any person:
- i. any material, including any statements made by any other user of the Network (including without limitation the Website) or any other person;
- ii. in relation to the failure of any material (including any order for a Product) to be received because of technical problems, congestion or other problem that exists outside of our control;
- iii. arising from or related to any problem or technical malfunction of any network or lines or mobile communications network related to or resulting from participating in this Website;
- iv. arising from or related to any problem or technical malfunction of any computer equipment, software, internet connection, any injury or damage to entrant's or any other person's computer software related to or resulting from participation in this Website; or
- v. as a result of the communication of the Website to the public, the operation of the Network or any promotional activities relating to the Network.
- C. Our liability to you under these Purchasers Terms will not exceed the total price charged for the Products purchased. Nothing in these Purchasers Terms excludes our liability to you for personal injury or death caused by our negligence.
- D. We will not be responsible to you for any delay or failure to comply with our obligations under these Purchasers Terms if the delay or failure arises from any cause beyond our reasonable control.
11. ELECTRONIC COMMUNICATION
- A. To fulfill our obligations to you under these Purchasers Terms, we may communicate with you by email or by posting notices on the Website. You agree to receive from us communications electronically and that electronic communications will satisfy any legal requirement for communications which need to be in writing.
- B. We may also send you promotional emails. If at any time, you decide that you do not wish to receive such promotional emails, you can opt out of receiving such emails by updating the relevant setting for your account or by calling or emailing our contact centre or by following the link (if any) at the end of any promotional email to unsubscribe.
12. GOVERNING LAW AND JURISDICTION
- A. These Purchasers Terms are governed by and construed in accordance with the federal laws in force in the Emirate of Dubai, the United Arab Emirates. You agree to submit to the non-exclusive jurisdiction of the courts of Dubai.