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PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND KEEP A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms and conditions apply to CONSUMERS ONLY (E-tailing) and do not apply to goods purchased for commercial use by organisations such as businesses and educational or government establishments.
1.2 These terms of sale apply to all goods supplied by www.Damas-u.com as Damas Union Trading Establishment, whose registered office is at Ash-Sharafeya Dist. 3 – Khalid ibn Alwalid St: 60, Jeddah, Makkah 23218, registered in Saudi Arabia, Value Added Tax Agency Registration Number: 310175041800003, Commercial Registration Number: 4030340737 (the "Supplier").
1.3 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Acceptance of your order will be communicated to you by way of email at the point of dispatch of the products. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time the Supplier sends the e-mail to you (whether or not you receive that e-mail).
1.4 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until the Supplier has shipped your order.
1.5 The contract is subject to your right of cancellation (see below).
1.6 The Supplier may change these terms of sale without notice to you in relation to future sales.
1.7 The Supplier has the right to change prices of the goods in relation to the market demand and supply.
2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplier's website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock,the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Supplier's website are accurate at the time you place your order.If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you are required to pay a delivery charge for the goods, and cash on delivery fees if chosen by you.
2.5 The Supplier warrants that the goods will at the time of delivery correspond to the description given by the Supplier. It is your responsibility to check the compatibility and suitability of goods for any particular purpose before ordering. The Supplier reserves the right to make without notice such minor modifications in specifications, designs or materials as it may deem necessary or desirable by experience.
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier's website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence, ( unless COD will be paid on delivery).
3.2 There will be no delivery until cleared funds are received.
3.3 For Cash-on-Delivery service, you will clear payments with the delivery person and receive the goods with money receipt.
4.1 The goods you order will be delivered to the address you give when you place your order.
4.2 Orders which are confirmed and accepted by the Supplier will be processed on the same day or on the next working day and will be delivered as per the requested delivery option provided. (A working day is any day other than weekends or other public holidays).
4.3 If delivery cannot be made to your address for reasons under the Supplier's control the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
4.4.1 Store the goods until actual delivery and charge you for reasonable costs (including insurance – if the customer wants to avail this option) of storage; or
4.4.2 Sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract the Supplier shall refund or re-credit you within14 days for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible. An Estimated Time of Delivery (ETD) stat will be availed to you so you can track the shipment status of your goods.
4.7 Time for delivery shall not be of the essence. The goods may be delivered by the Supplier in advance of the quoted delivery date.
4.8 Upon receipt of your order you will be asked to sign for the goods received in good condition. If you are unable to check the contents of the package at that moment in time please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
4.9 You shall only report any damage or shortage of the actual product to the Supplier in writing within 2 working days of delivery. Supplier is not responsible for any negligence caused by the delivery service (you have chosen) which prompted the product to be broken, dusty or delivery wear-and-tear of the carton packaging.
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods not withstanding that ownership of any of the goods has not passed from the Supplier.
6. Right to Cancel
6.1 You have the right to cancel in status (Pending or Processing) but not in status of (Shipped), you will have to pay for shipping charges.
6.2 Assembled or installed goods are NOT subject to be returned. They remain ONLY under warranty.
6.3 To exercise the right to cancel, you must inform us by email, customer service or directly from your account dashboard (fastest option).
7. Effects of Cancellation
7.1 If you cancel this contract, we will reimburse to you all payments received from you, excluding the costs of delivery if order shipped.
7.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
7.3 We will make the reimbursement without undue delay, and not later than
(a) Within 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) within 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
7.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
7.5 We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
7.6 You will have to bear the direct cost of returning the goods
8.1 All goods supplied by the Supplier are warranted free from defects not less than 24 months for electronics or 12 months for others, and will be set from the date of supply (unless otherwise stated more than 24 months). This warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party use, otherwise than as recommended by the Manufacturer, failure to follow the Manufacturer's instructions, or any alteration or repair carried out without the Manufacturer's approval.
8.3 If the goods supplied to you are damaged on arrival, you should notify the Supplier in writing via the e-mail address or via customer service department shown below within 2 working days.
8.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the e-mail address or in customer service department.
8.5 You must obtain a return number for any goods returned to the Supplier and this returns number must be clearly shown on the returned parcels as the customer service will provide the details to you.
9. Limitation of Liability
9.1 The Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation.
10. Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorized access to information supplied by you.
11. Applicable Law
These terms of sale and the supply of the goods will be subject to the laws of Saudi Arabia, the Commercial Courts and the Court of Grievances in Jeddah, Saudi Arabia will have jurisdiction in respect of any dispute arising from the contract.
Product images are for illustrative purposes only.
Promotional items not claimed within the time specified by Supplier will be lost if not used, no alternative will be offered in such circumstances.
14. Force Majeure
The Supplier will not be under any liability whatsoever in the event that the Supplier is prevented or delayed from supplying or making delivery of any goods by any reason or cause beyond the Supplier’s control. These events include acts of God, civil commotion, riots, flood, drought, fire, legislation or any acts by third party companies or individuals not either under contract to or employed by the Supplier.
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Damas Union Trading Establishment
Ash-Sharafiya Dist. 3
Khalid ibn Alwalid St. 60
Jeddah, Makkah – 23218
Kingdom of Saudi Arabia
T: +966 92000 8176
E: [email protected]