1. Orders, price and payment

1. 1

Daralnahda will only process Orders for delivery in United Arab Emirates and GCC countries and the delivery time will be from 3 to 5 working days

Rest of the middle east from 10 to 15 working days.

2. 2

Buyer shall indicate the Products it wishes to order and the quantity required, at the price specified by Daralnahda through am invoice sent to the buyer after placing a Order on the designated online form at the Online Store and providing to Daralnahda all necessary information as may be required by Daralnahda at the Online Store.

3. 3

All Orders made by the Buyer for one or more Product(s) shall be deemed to be an offer made by the Buyer to purchase such Product(s) upon the terms of these Conditions and for the selected Products and quantities set out in the Order. All Orders shall be subject to acceptance by Daralnahda.

 

2. Daralnahda may accept an Order by:
   1. 1

contacting the Buyer by telephone, email or other mode of communication within a reasonable time after Buyer has made the Order, to accept and confirm the price, quantity, and delivery date and time of the Product(s) ordered by the Buyer; or

2. 2

delivering the Product(s) ordered to the Buyer,
and upon such acceptance, a binding Contract shall be formed upon the terms set out in these Conditions, the terms of the accepted Order (excluding any terms which are not accepted by Daralnahda), and such other terms and conditions as Daralnahda may impose as a condition of its acceptance. For the avoidance of doubt, no Contract shall come into existence unless and until the Order has been accepted by Daralnahda in the manner set out in this Clause 3.3. Processing of Card payment for an Order shall not in itself constitute acceptance of the Order by Daralnahda, provided that where an Order is rejected by Daralnahda, any

payment made for such Order shall be reversed or refunded by Daralnahda

.

3. Daralnahda shall be entitled to:
   1. 1. 1

decline to accept or reject the Buyer's Order in whole or in part without assigning any reason; or

2. 2
3. delay or defer delivery of any Order in whole or in part due to Product unavailability, low inventory levels, or for any other reason.
4. 3
5. Daralnahda shall not be liable for any errors in the pricing or specification of Products ordered by the Buyer that may appear at the Online Store. The price to be paid by the Buyer for all Products shall be Daralnahda's current selling price on the date of receipt by Daralnahda of the Order, which may or may not be correctly reflected at the Online Store.
6. Unless otherwise agreed by Daralnahda in writing, payment for the Products shall be made by the Buyer in full by Buyer's valid Card before physical delivery of Products.

2. 8

The Buyer warrants that it is ordering Products for its own use only and not for re-sale or export purposes.

3. 9

The Buyer shall bear all shipping and handling charges (where applicable), as well as all applicable taxes (including but not limited to Goods and Services Tax) at the prevailing rates.

4. 10

All Card payments are subject to the approval of the Card Company and the relevant paying bank. Daralnahda shall not be liable in any way if the Card Company or the paying bank refuses to process or accept any Card or Card particulars for any reason.

5. 11

The Buyer agrees to submit to Daralnahda and its payment service provider such Card information and other personal and delivery information as may be reasonably requested by Daralnahda or its payment service provider to process the Order, payment for the Order, and to arrange for delivery and invoicing. All information submitted shall be subject to Daralnahda's Privacy Policy. Daralnahda shall require its payment service provider to keep such information confidential and not use the same for any purpose other than to carry out its services, provided Buyer agrees that Daralnahda shall not be liable for any loss, damage, or liability in the event of any unauthorised disclosure of such information by its payment service provider.

6. 12

Daralnahda reserves the right to exercise its lawful remedies if a dispute or issue arises over Card payments, or if it does not receive full payment for an Order. In particular, but without limitation to any other remedies, if the Card Company or the paying bank rejects or reverses payment for an Order, Daralnahda may in its discretion:

7. 1. 12.1

reject such Order, or suspend or cancel delivery of such Order;

2. 12.2

repossess the Products if delivered; or

3. 12.3

claim against the Buyer for the full price of the Order as a debt.

8. 13

Daralnahda shall be entitled to set-off and deduct from any refund due to the Buyer all sums owed by the Buyer to Daralnahda under any and all Contracts and other

agreements.

4. Title and risk

1. 1

Risk in the Products shall pass to the Buyer upon delivery of the Products to Buyer.

2. 2

Title in the Products shall not pass to Buyer until receipt by Daralnahda of full and final payment for the Products.

5. Order delivery and cancellation

1. 1

The Buyer shall designate in the Order the Buyer's preferred delivery / collection options, and where the delivery option is selected, the place of delivery of the Products.

2. 2

Subject always to Daralnahda acceptance of the Order,

3. 1. 2.1

Where the delivery option is selected:

2. 1. (i)

Daralnahda shall deliver the Products to such place of delivery as may be designated by the Buyer and agreed to by Daralnahda. If no one is available at the delivery address to receive the Products, Daralnahda's delivery agent will leave an "unable to deliver" card at the address and the Buyer should follow the directions on that card to obtain delivery of the Products (Only in UAE).

2. (ii)

The Buyer shall bear and pay to Daralnahda:

3. 1. (a)

the delivery and shipment charges set out at the Online Store for all Orders;

2. (b)

the delivery, shipment and administrative costs of any delivery of Product(s) which is rejected by the Buyer, where such rejection is not made pursuant to an express right of the Buyer under these Conditions.

4. 3

Any shipment, delivery or collection dates provided by Daralnahda are estimates only and shall not form part of the Contract. Daralnahda shall not be liable for any loss, damage, cost or expense for any failure to meet any given shipment, delivery or collection date, howsoever caused. If Buyer's Order has not been delivered within a reasonable time, the Buyer should contact Daralnahda at: info.uae@daralnahda.com

5. 4

Daralnahda reserves the right from time to time, without liability or prior notice, to withdraw or cease to make available any or all Products from the Online Store, or to:

6. 1. 4.1

change its prices or specifications of any Product; or:

2. 4.2

deliver a Product which has similar functionality as any Product ordered with minor differences in specifications,

7. (each a "Substitute Product"). The Buyer shall be deemed to have accepted such changes and differences if the Buyer accepts delivery of a Substitute Product.
8. 5

An Order may be cancelled by the Buyer prior to shipment of the Products by Daralnahda, provided always that:

9. 1. 5.1

the Buyer must contact Daralnahda to request Daralnahda for cancellation immediately;

2. 5.2

Daralnahda will endeavour to accommodate the Buyer's request, if the Products have not been shipped; and

3. 5.3

the Buyer shall pay any cancellation fees which may be imposed by Daralnahda.

10. 6

If an Order has already been shipped, no cancellation or refund will be permitted.

11. 7

The Buyer acknowledges that Daralnahda's liability to deliver the Products to the Buyer pursuant to the Contract is subject to the availability of the Products from Daralnahda's usual sources of supply. The Buyer further acknowledges that Daralnahda retains absolute discretion as to the order of priorities in which any Products are delivered to Daralnahda's customers.

12. 8

Daralnahda may deliver the Products by instalments. Each separate instalment shall be regarded as a separate Contract, and invoiced and paid for in accordance with these Conditions.

13. 9

Daralnahda reserves the right to make only partial delivery of an Order.

6. Acceptance of Products

1. 1

Unless the Buyer notifies Daralnahda in writing to the contrary within two (2) days of the date of delivery, the Products shall be deemed to have been accepted by the Buyer as being in good condition and in accordance with the Contract.

2. 2

A Product shall only be eligible for replacement if upon delivery:

3. 1. 2.1

it is damaged; or having missing chapters or papers

2. 2.2

the Product supplied is not the Product specified in the Order or a Substitute Product, (such Product being a "Defective Product").

4. 3

The Buyer must report any Defective Product to Daralnahda by contacting:
Email address: info.uae@daralnahda.com within two (2) days of its delivery, failing which the Buyer shall not be entitled to a replacement Product.

5. 4

If Daralnahda considers the Product to be a Defective Product, Daralnahda will contact the Buyer with the procedure for return and replacement. The Buyer must produce the tax receipt together with the Defective Product in its original delivered condition and packaging.

Daralnahda reserves the right to refuse any return or replacement of a Defective Product if:

1. 5.1

The Buyer is unable to produce the Product details or tax receipt;

2. 5.2

The Defective Product is a Third Party Product and Daralnahda is not authorised by the supplier to process returns or replacements; or

3. 5.3

The defect is the result of:

4. 1. (i)

improper use or mismanagement by Buyer;

2. (ii)

operation of the Product other than in accordance with the operating manual or instructions;

3. (iii)

use of the Product in a manner not reasonably contemplated by Daralnahda;

4. (iv)

modification of the Product not authorised by Daralnahda;

5. (v)

subjection of the Product to unusual or unrecommended physical, environmental or electrical stress;

6. (vi)

use of Product by a person other than Buyer; or

7. (vii)

Buyer's failure to comply with any terms of these Conditions.

7. Returns and Refunds

1. 1

Returns
Only Defective Product is eligible for return and replacement. See Clause 6 for further details.

2. 2

Refunds
Refund policy is set out in Clause 5.6

8. Controls and restrictions

1. 1

Certain countries impose censorship, customs, import, export and/or other regulatory requirements and restrictions on Products. The Buyer shall be responsible for ensuring that all Products in the Order are and will be compliant with such requirements at its own costs. Daralnahda shall not be liable for any non-delivery or delay in delivery of any Product which fails to meet such requirements or which is intercepted by any government or regulatory authorities.

9. Rights of Third Parties

1. 1

A person or entity who is not a Party to the Contract shall have no right under the Contracts Law (Rights of Third Parties) to enforce any term of the Contract, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause

shall affect the rights of any permitted assignee or transferee of the Contract.

10. Governing Law and Jurisdiction
    1. 1

These Conditions shall be construed in accordance with, and governed by, the laws of the United Arab Emirates including without limitation the provisions of the Federal Law No.10 of 1992 (Evidence in Civil and Commercial Transaction) and the Federal Law No.1 of 2006 (Electronic Transaction and Commerce), without giving effect to any principles of conflicts of law.

2. 2

The Parties hereby submit to the non-exclusive jurisdiction of the U.A.E. courts.