GENERAL TERMS AND CONDITIONS FOR CUSTOMER
1. Payment Term
1.1 Prices for the items mentioned on the Order Confirmation (“Order Value”) are inclusive of value added taxes (VAT). Such VAT shall be paid by Customer. Customer shall make advance payment for the amount corresponding to 100% of the Order Value and/or full payment of the Order Value immediately after receiving the Order Confirmation specifying the items ordered (“Goods”). Goods shall not be delivered unless the Order Value is paid in full.
1.2 Interiors shall deliver the Goods in stock subject to receipt of the full payment of the Order Value from the Customer.
1.3 Subject to Clauses 1.1, 1.2, and 2.1 mentioned hereunder, the Order shall be binding between Interiors and the Customer once Interiors has issued the Order Confirmation.
2. Cancellation of Order
2.1. Interiors reserves the right to cancel the Order:
· if Customer fails to take possession of the Goods after 14 days from the date of Order Confirmation even after making the full payment.
2.2 In case of cancellation of the Order by Interiors, the Goods shall be treated as free-stock for re-sell. In such case Interiors shall reserve the right to forfeit any amount paid by the Customer including any bank charges paid via credit card.
2.3 If the Customer cancels the order within 24 hours from the date of Order Confirmation, Interiors shall refund the amount that has been paid by the Customer to Interiors except of any bank charges paid via credit card (2.05%).
2.4 If the Customer cancels the order after 2 (two) calendar days from the date of Order Confirmation, Interiors will reimburse the amount in the form of online store credit to the customer.
2.5 Cancelation, exchange or return by Customer shall not be accepted for Goods manufactured/customised according to Customer’s exact specifications (including but not limited to fabrics, curtains and mattresses) (“Special Order/s”). Article 2.3, 2.4, 3.4 and 5 shall not be applicable for the Special Orders.
2.6 In case of any delay arising from the manufacturers, suppliers and/or carriers, Interiors shall not be liable and responsible for any such delays.
3. Delivery and Storage
3.1 Delivery dates, as agreed, may be revised by Interiors from time to time based on availability of Goods.
3.2 Storage of the Goods in Interiors’ warehouse shall be free of charge for the first 7-14 days calendar days from the Order Confirmation for Goods in stock. Afterwards, Interiors reserves the right to charge a daily storage fee (“Storage Fee of 1 %”). For Special Orders, Storage Fee shall be charged @ 1 % of the Order Value starting from the date on which Interiors receives Goods in its Warehouse.
3.2 Interiors shall inform the Customer as to the date and time of delivery. Interiors and/or its employees shall not be held liable for any damages due to any loss, theft or damage caused to the Customer’s property/properties or delivered Goods after delivery or installation (if installation forms part of the scope of work). Charges apply if the customer is not at home to receive the order.
3.4 In case of cancellation as per Article 2.1, Interiors, will deduct the Storage Fee and bank charges (2.05%) for credit card payments.
4.1 Interiors offers 1 (one) year warranty against manufacturing defects, whereby warranty is excluded for:
· damages caused directly or indirectly to the Goods after the delivery, including but not limited to damages caused to the Goods due to wrong or rough usage of the Goods, wrong mounting, assembling by any third party etc.;
· parts which have to be replaced on a regular basis or which have a short life cycle (e.g. consumables, bulbs, locks, textile, etc);
· faults caused by non- cautious treatment, poor maintenance by Customer or by a third party, abnormal use or a use of the Goods contrary to the instructions of the manufacturer.
4.2 Warranty ends if the Goods have been repaired by an unauthorised third party, use of non- genuine (spare) parts for the repair or if the Goods are resold.
5. Re-Selection-Exchange with different Goods
5.1 Subject to Interiors’ sole decision, the Customer may be entitled to exchange Goods within 48 hours from the delivery date. The Goods must be returned to Interiors in the same conditions as received by the Customer. For all returns or exchanges, original invoice and delivery note (if any) shall be provided by the Customer. Unless otherwise agreed, Interiors will issue a credit note valid for 90 days from issuance date. In any case Interiors shall not entertain any return post 48 hours from the delivery date.
5.2 Interiors reserves the right to charge a transportation fee for delivery/collection of exchange/return of Goods in the amount of AED 500/- for Dubai and Sharjah and AED 700/- for all other Emirates. Charges will be billed via credit card online payment to the customer and must be paid prior to collection of goods to be exchanged/retuned.
6. Force Majeure
Force Majeure shall mean an act of god, including but not limited to fire, floods, storms, hurricanes, volcanic activities, or earthquakes, as well as acts, orders or request of a sovereign or a government and/or of anybody purporting to be or to act for such authority, wars, whether declared or not, war -like actions, revolutions, riots, civil insurrections, or civil commotions, as well as strikes, lock outs, and/or similar actions in labour disputes, pandemics, epidemics, rapidly spreading and/or infectious disease(s) and any other cause beyond the control of a Party unless its performance has been expressly guaranteed by expressly waving the exemption of a force majeure event.
Neither Party shall be liable for failure to perform its obligations under this Agreement if prevented by a Force Majeure event. A Party affected by a Force Majeure event shall provide notice to the other Party following its occurrence or the date on which such Party becomes aware that a particular event may be a Force Majeure event, and each Party shall use reasonable endeavors to mitigate the effects of any Force Majeure event.
7. Governing Law and Jurisdiction
These terms and conditions shall be governed by the Laws of the Emirate of Dubai and those of the United Arab Emirates. Any dispute, difference, controversy or claim arising out or in connection with this terms and conditions, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Small Claim Tribunal of the Courts of the Dubai International Financial Centre (“the DIFC Courts”). Each party irrevocably submits to the jurisdiction of the DIFC Courts and waives any objection it may have to disputes arising out or in connection with these terms and conditions being heard in the DIFC Courts on the ground that it is an inconvenient forum (forum non conveniens). Both Parties agree that either Party may apply to the DIFC Courts to transform the judgment into an Arbitration Award.