These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us through this website, www.ecomze.com (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms and Conditions when ordering Goods. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Goods through Our Site. These Terms and Conditions, as well as any and all Contracts, are in the English language only.
- Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|“Contract”||means a contract for the purchase and sale of Goods, as explained in Clause 8;|
|“Dispatch Confirmation”||means our acceptance and confirmation of your Order;|
|“Goods”||means the goods sold by Us through Our Site;|
|“Order”||means your order for Goods;|
|“We/Us/Our”||Ecomze FZ, a company registered in UAE under Trade License No. 1803865.01, whose registered address is Sharjah Media City, Sharjah, U.A.E.|
- Information About Us
2.1 Our Site, www.ecomze.com, is owned and operated by Ecomze FZ, a company registered in UAE under Trade License No. 1803865.01, whose registered address is Sharjah Media City, Sharjah, U.A.E.
- Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Certain parts of Our Site (including the ability to purchase goods from Us) may require an Account in order to access them.
3.5 You may not create an Account if you are under 18 years of age.
3.6 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
3.7 We recommend that you choose a strong password for your Accounts, such as a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. If you believe your Account is being used without your permission, please contact us immediately. We will not be liable for any unauthorized use of your Account.
3.8 You must not use anyone else’s Account, without the express permission of the User to whom the Account belongs.
3.9 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the UAE law.
- Acceptable Usage Policy
4.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 4. Specifically:
4.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
4.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
4.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
4.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
4.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 5 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
4.2.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
4.2.2 remove any User Content submitted by you that violates this Acceptable Usage Policy;
4.2.3. issue you with a written warning;
4.2.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
4.2.5 take further legal action against you as appropriate;
4.2.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
4.2.7 any other actions which We deem reasonably appropriate (and lawful).
4.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
- Goods, Pricing and Availability
5.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
5.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
5.1.2 Images and/or descriptions of packaging may be illustrative only, the actual packaging of Goods may sometimes vary.
5.2 Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 10 if you receive incorrect Goods (i.e. Goods that are not as described).
5.3 We neither represent nor warrant that Goods will always be available. Stock indications are not provided on Our Site. In case of Goods you have ordered are not available, We will notify you email and offer you a refund or alternative Goods which are in stock.
5.4 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. All pricing information is reviewed and updated regularly. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed.
5.5 All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, please note the following:
5.5.1 We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within 3 days, We will treat your Order as canceled and notify you of the same via email.
5.6 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
5.7 Delivery charges are not included in the price of Goods on Our Site. For more information on delivery charges, please refer to individual store pages. Delivery options and related charges will be presented to you as part of the order process.
- Orders – How Contracts Are Formed
6.1 Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
6.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgment of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you a Shipment Dispatch Confirmation by email. Only once We have sent you a Shipment Dispatch Confirmation will there be a legally binding Contract between Us and you.
6.3 If We, for any reason, do not accept or cannot fulfill your Order, no payment shall be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 15 working days.
7.1 Payment for Goods and related delivery charges can be made in advance using a credit card or on delivery using the Cash on Delivery (only available if your total order amount is less than AED 1500) and you will be prompted to choose the payment method during the order process.
7.2 We accept the following methods of payment:
7.2.1 Credit Card secure payment using Visa or Mastercard;
7.2.2 Cash on Delivery (available for orders below AED 1500)
- Delivery, Risk, and Ownership
8.1 All Goods purchased through Our Site will normally be delivered within the time displayed on the product page or within a maximum of 15 calendar days of the date of Our Dispatch Confirmation unless otherwise agreed (subject to delays caused by events outside of Our control, for which see Clause 13).
8.2 If We are unable to deliver the Goods on the delivery date (if, for example, no one is available at your address to receive the Goods) We will contact you on email or phone to set up an alternative date and time for delivery.
8.3 In the unlikely event that We fail to deliver the Goods within 15 calendar days of Our dispatch confirmation (unless otherwise agreed as under sub-Clause 8.1), if any of the following apply you may cancel your Order immediately:
8.3.1 We have refused to deliver your Goods; or
8.3.2 In light of all relevant circumstances, delivery within that time period was essential; or
8.3.3 You told Us when ordering the Goods that delivery within that time period was essential.
8.4 If you do not wish to cancel under sub-Clause 8.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then cancel your Order.
8.5 You may cancel all or part of your Order under sub-Clauses 8.3 or 8.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for canceled Goods and their delivery will be refunded to you. Please note that if any canceled Goods are delivered to you, you must return them to Us or arrange with Us for their collection.
8.6 Delivery shall be deemed complete once We have delivered the Goods to the address (including, where relevant, any alternative address) provided in your Order.
8.7 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
- Faulty, Damaged or Incorrect Goods
9.1 By law, We must provide goods that are of satisfactory quality, fit for purpose and as described at the time of purchase. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please Contact Us within 24 hours of receiving the delivery to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement.
9.2 You will have 24 hours following delivery to inspect and reject the Goods. After this period, or if you use the Goods in a manner that is inconsistent with Our ownership of them (for example, making alterations or otherwise customizing the Goods), or if you tell us that you have accepted the Goods, you will be deemed to have accepted the Goods. Before accepting the Goods you will be entitled to reject them and receive a full refund (or a repair or replacement if you prefer it) if the Goods are not of satisfactory quality, unfit for purpose, or do not match their description. Please note that if you request that the Goods be repaired before you have accepted them, you will not be deemed to have accepted them by virtue of requesting a repair.
9.3 If you are rejecting the Goods and claiming a full refund under sub-Clause 9.2 you must prove to Us that the Goods were not of satisfactory quality, unfit for purpose, or did not match their description when you received them.
9.4 Please note that you will not be eligible to claim under this Clause 9 if We informed you of the fault(s), damage or other problems with the Goods before your purchase of them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 9 merely because you have changed your mind.
9.5 To return Goods to Us for any reason under this Clause 10, please visit the returns page on Our Site http://www.ecomze.com/refund-policy and send us an email at email@example.com to arrange for a collection and return. We will be responsible for the shipping cost of returning Goods under this Clause 9.
9.6 Repairs or Replacements issued under this Clause 9 will be dispatched within a reasonable time and in any event within 45 days of Our receipt of the returned Goods. All repairs and/or replacements will be performed and/or issued at Our expense. Refunds (whether full or partial, including reductions in price) under this Clause 9 will be issued within 15 days of the event triggering the refund.
9.7 Any and all refunds issued under this Clause 9 will include all delivery costs paid by you when the Goods were originally purchased.
- Canceling and Returning Goods for reasons other than under Clause 9
10.1 We offer free cancellation of orders if you inform us of your cancellation within 12 hours of placing the order, provided we have not started processing the Order at the time of your cancellation request.
10.2 Cancellations or returns for reasons other than Clause 10 are not applicable for certain products like perishable, customized products, products that are on pre-order, products that are on discount. Please refer to our Returns & Refunds page for further details: http://www.ecomze.com/refund-policy
10.3 If you request a cancellation under Clause 10, We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however, please note that you are under no obligation to provide any details if you do not wish to.
10.4 Please note that you may lose your legal right to return Goods under this Clause 10 in the following circumstances:
10.4.1 If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
10.4.2 If the Goods have been personalized or customized on your request.
10.4.3 If the Goods have been pre-ordered on your request.
10.4.4 If the Goods are perishable and we have already started processing your Order.
10.5 In the event that you are eligible to claim a return under this Clause 10, You may request Us via email for a returns pickup by our logistics partner. Please ensure that the Goods are ready for collection at the agreed time and location. More details of return costs including a collection by Us can be found on Our Site http://www.ecomze.com/refund-policy
10.6 Please note that you must bear the costs of returning Goods to Us if canceling under this Clause 10. More details of return costs [including a collection by Us] can be found on Our Site http://www.ecomze.com/refund-policy
10.7 Refunds under this Clause 10 may be made using the same payment method that you used when ordering the Goods, or the refund may be in the form of a digital coupon or voucher which you may use at the time of your next purchase with Us.
- Privacy and Cookies
Use of Our Site is also governed by Our Privacy & Cookies Policies, available from www.ecomze.com/privacy-policy. These policies are incorporated into these Terms and Conditions by this reference.
- Events Outside of Our Control (Force Majeure)
12.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
12.2 If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
12.2.1 We will inform you as soon as is reasonably possible;
12.2.2 Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
12.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
12.2.4 If the event outside of Our control continues for more than 7 days, We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 30 days of the date on which the Contract is canceled.
- Contact Details for Complaints, Feedback, and other Communications
13.1 If you wish to contact us with general questions, feedback or complaints, you may contact us by telephone, email or by post, contact details of which are as per sub-Clauses 13.3.1, 13.3.2 and 13.3.3 below.
13.2 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavors to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
13.3 If you wish to complain about any aspect of your dealings with Us, please contact us in one of the following ways:
13.3.1 In writing, addressed to Ecomze FZE, Sharjah Media City, Sharjah, U,A.E.
13.3.2 By email, addressed to Customer Care : firstname.lastname@example.org
13.3.3 By contacting Us by telephone on +971 4 286 0878
- How We Use Your Personal Information (Data Protection)
14.1 All personal information that We may collect (including, but not limited to, your name, address, and telephone number) will be collected, used and held in accordance with the provisions of UAE law.
14.2 We may use your personal information to:
14.2.1 Provide Our Goods and services to you;
14.2.2 Process your Order (including payment) for the Goods; and
14.2.3 Inform you of new products and/or services available from Us. You may request that we stop sending you this information at any time using the Unsubscribe option or by writing to us at email@example.com
14.3 We will not pass on your personal information to any third parties, apart from our direct partners, without first obtaining your express permission.
- Our Liability
15.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
15.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
15.3 We only supply Goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
15.4 We take all reasonable steps to ensure that Our Site is free from viruses and other malware, however We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
15.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
- Other Important Terms
16.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
16.2 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
16.3 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.
- Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with UAE law.
17.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of UAE.