Terms & Conditions
FAZAA L.L.C.’s website/e-commerce platform (“Website”) www.fazaa.ae is your gateway to online purchase of products/services from various merchants/retail groups in the UAE.
Terms & Conditions of Usage of Website:
- Minors (persons under the age of 18) are not eligible to be registered as a user of the Website (“User”) and will not be able to transact on or use the Website.
- The creation by the User of a User account (“User Account”) on the Website for the purpose of using the Website/e-commerce platform is subject to: (a) the User agreeing to these Terms & Conditions of Usage of Website; (b) FAZAA L.L.C.’s approval to such User Account creation which may not be unreasonably withheld.
- The Website usage may be stopped, and/or prevented, and/or ended in case of any violation on the part of any User, or if there are good reasons to believe that any User has violated these Terms and Conditions of Usage of Website.
- Users shall protect their username and login password to the User Account and shall be responsible for any damage or fraud incurred by FAZAA L.L.C. due to unauthorized access to the User Account resulting from a breach by the User to this obligation.
- Users shall refrain from attempting to interfere with or obstruct the services provided through Website host or network. Such attempts include but are not limited to placing a virus on the Website, increasing load to or immersing or destroying the Website.
- Users shall refrain from using the Website by any means for sending an e-mail relating to the Website or on its behalf by referring to it, or assuming its identity, in order to involve offense or defamation to FAZAA L.L.C. or to the Social Security Fund-Ministry of Interior or to any other person whether physical or juridical or to announce any false news or information and ascribing it unrightfully to FAZAA L.L.C. or to the Social Security Fund-Ministry of Interior.
- These Terms & Conditions of Usage of Website may be changed or updated occasionally by FAZAA L.L.C. to meet the standard industry practices and applicable legal/regulatory requirements. Users are encouraged to frequently visit this section in order to be updated about changes to these Terms & Conditions of Usage of Website. Changes to these Terms & Conditions of Usage of Website will be effective on the day they are posted by FAZAA L.L.C. on the Website.
- Governing Law and Dispute Resolution: Any dispute or claim arising out of or in connection with the usage of the Website/online purchase by the User shall be governed by and construed in accordance with the laws of the UAE. Such dispute shall be exclusively settled by the competent judicial courts in the Emirate of Abu Dhabi.
- All credit/debit/prepaid cards details and User’s personally identifiable information will not be stored, sold, shared, rented or leased to any third parties by FAZAA L.L.C.
- However, FAZAA L.L.C. may share personally identifiable information disclosed by the User for the purpose of creating/using his User Account with third parties contracted by FAZAA L.L.C. for the purpose of providing online payment gateway services and online payments processing/collection.
The pricing of events/conferences tickets which may be offered on the Website may vary from event/conference to another. The User has to visit the Website when required for latest pricing.
Method of Payment, Card Types accepted and Currency:
FAZAA L.L.C. accepts payments online using Visa and MasterCard credit/debit/prepaid card in AED.
Delivery &Shipping Policy:
- Home delivery by the merchant/seller (“Merchant/Seller”) of products/items sold through the Website to Users or delivery by the Merchant/Seller by courier of such products/items will be made within 7 days from the online purchase of the relevant products/items to the User’s address as stated by the User during the creation of the User Account.
- Merchants/Sellers offering products/services through the Website will not deal or provide any products or services through the Website to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the laws of the UAE.
- Multiple shipments may result in multiple postings to the User’s/cardholder’s monthly statement.
- Cancellation/Return: The User has the right to return a product/item purchased through the Website within three (3) days if it does not match the product/item booked on the Website (and even if the product/item is the exact same item ordered by the User) provided that the relevant product/item is in the same condition as that when it was received and with the original packaging intact.
- Refund: Delivery & Shipping fees will be deducted from the purchase price of the returned product/item and the User will receive a refund for the balance. The Delivery & Shipping fees will be waived if the returned product/item was not as shown on the Website or faulty/defective. Refunds will be done only through the Original Mode of Payment.
- Warranty: All products/items sold to Users through the Website are covered by a one (1) year warranty for hidden defects provided by the Merchants/Sellers. However, some products/items may avail from lesser or longer warranties depending on the relevant Merchant/Seller’s special warranty as may be outlined in the description of the relevant product/item on the Website. If no such special warranty is mentioned on the Website relating to a relevant product/item, the one (1) year warranty for hidden defects provided by the Merchant/Seller shall apply.
- Replacement: No replacement is allowed. The User may ask only for a return/refund of a relevant product/item purchased through the Website and subject to the return/refund conditions outlined here above.
FAZAA/We reserve the right to amend these Terms and or the Platform Terms at any time and in FAZAA/our sole discretion. Any such amendments will be effective upon posting of the changes on the Platform and without the need to obtain your prior consent in any form whatsoever.
- FAZAA SERVICES: We offer the Website and App. platforms for Merchants/Sellers to sell products/items/services to FAZAA Program members (holders of FAZAA cards) [“FAZAA Program Members” or “Users”]. FAZAA provides you with technology and services such as order management, payments collection and processing, call centre and customer support (“Services”) against the payment of Services fees (“Services Fees”) to FAZAA. As a Merchant/Seller, you use the Platform and the Services at your own risk, and FAZAA bears no risks relating to your products/items/services of whatsoever nature and all warranties express or implied whether by applicable law, custom, trade, usage, course of dealings or otherwise (including without limitation as to quality, performance or fitness/suitability for purpose) in respect of your products/items/services shall remain borne by you towards FAZAA Program Members/Users who buy your products/items/services through the Platform.
- MERCHANT/SELLER ACCOUNT: Merchant/Seller registration process on the Platform will result in the creation of a Merchant/Seller account on the Platform (“Merchant/Seller Account”).
If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification name or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. You must not register under a false name and impersonate any other Merchant/Seller’s log-in credentials or password(s). Such fraudulent conduct is punished by law. You agree to provide all relevant information to FAZAA which may be required by FAZAA for the purpose of the Merchant/Seller Account creation and use.
- MERCHANT/SELLER’S UNDERTAKINGS/ACKNOWLEDGEMENTS:
- The Platform and Services shall be used by the Merchant/Seller only for lawful purposes and in a lawful manner and in compliance with all applicable laws in the United Arab Emirates.
- You must at your own expense arrange for home delivery or delivery by courier of products/items to a FAZAA Program Member/User within seven (seven) days from the online purchase/order date made by the relevant FAZAA Program Member/User. Should you fail to arrange for such home delivery or delivery by courier of products/items within the aforesaid timeframe, the online purchase transacted between the Merchant/Seller and the FAZAA Program Member/User may be considered by the FAZAA Program Member/User as automatically terminated and in such occurrence, you will not be entitled to the payment of the balance of the relevant product/item’s purchase price stated on the Platform from which were deducted the Services Fees. Should the aforesaid balance have reached your bank account, you acknowledge that you will refund the FAZAA Program Member/User for the said balance if the latter considers the online purchase as automatically terminated. We will refund the FAZAA Program Member/User for the Services Fees. Should such a default be repeated by you, we reserve the right to suspend/cancel your Merchant/Seller Account.
- You undertake not to place any misleading advertisement or information about your products or brands on the Platform. Should you breach such an obligation, the online purchase transacted between the Merchant/Seller and the FAZAA Program Member/User shall be considered as null and void and you will not be entitled to the payment of the balance of the relevant product/item’s purchase price stated on the Platform from which were deducted the Services Fees. Should the aforesaid balance have reached your bank account, you acknowledge that you will refund the FAZAA Program Member/User for the said balance if the latter considers the online purchase as automatically terminated. We will refund the FAZAA Program Member/User for the Services Fees. In such event, you will bear the shipping/delivery costs relating to the delivery of products/items which are not in conformity with those advertised by you through the Platform. Furthermore, FAZAA reserves the right to immediately suspend/cancel your Merchant/Seller Account and report your wrongdoing to the competent governmental/judicial authorities in the United Arab Emirates.
- In the event that a product/item delivered by you to a FAZAA Program Member/User is faulty or defective, you undertake to refund the FAZAA Program Member/User for the balance of the relevant product/item’s purchase price stated on the Platform from which were deducted the Services Fees. In such event, you will bear the shipping/delivery costs relating to the returned faulty/defective product/item. We will refund the FAZAA Program Member/User for the Services Fees. This warranty for hidden defects shall be provided by you to the FAZAA Program Member/User for a period of 1 (one) year from the online purchase/order date, unless you and FAZAA agree to the provision of a special warranty to FAZAA Program Members/Users for a lesser or longer duration in respect of certain products/items and as will be posted on the Platform.
- You acknowledge that a FAZAA Program Member/User may during the first 3 (three) days from the online purchase through the Platform unilaterally terminate such online purchase transacted between the latter and the Merchant/Seller without cause by returning the product/item purchased through the Platform and that you will refund the FAZAA Program Member/User for the balance of the purchase price of the returned product/item from which were deducted the Services Fees and after deduction of the shipping/delivery costs related to the returned product/item. We will refund the FAZAA Program Member for the Services Fees.
- You acknowledge that you are responsible for packaging products/items prior to delivery of same to FAZAA Program Members/Users in a safe and proper manner adapted to the nature of the relevant products/items and in accordance with best industry practices.
- You undertake not to deal or provide any products or services through the Platform to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the laws of the United Arab Emirates.
- You undertake not to engage in any unfair trade practices in the course of selling products/items/services through the Platform.
- You acknowledge that hazardous products to health and safety will be covered by additional warranties as may be required by the applicable laws of the United Arab Emirates and international health/safety standards. Furthermore, you will be liable for selling products hazardous to individuals or properties. FAZAA reserves the right to reject any advertising of prohibited products/items/services on the Platform.
- You acknowledge that you are liable for any infringement of third party intellectual property rights of any nature whatsoever which may result from your advertising materials being posted on the Platform. Furthermore, in the event of any such infringement, FAZAA reserves the right to remove your advertisements from the Platform and report you to the competent governmental/judicial authorities in the United Arab Emirates. FAZAA reserves the right, in such occurrence, to suspend/cancel your Merchant/Seller Account.
- Without prejudice to other rights and remedies which FAZAA may be entitled to by law or otherwise, you acknowledge FAZAA’s rights to: (i) withhold all and any amounts to you as per these Terms; and (ii) recover from you all losses or damages suffered by FAZAA and or a FAZAA Program Member/User as solely determined by FAZAA; (iii) the payment by you of a contractual penalty of AED 100,000 (One Hundred Thousand United Arab Emirates Dirham only) immediately to FAZAA; if (a) your product/item was found to be not original or refurbished and or a counterfeit; and (b) any fraudulent conduct was identified on your part.
- SERVICES FEES: You undertake to pay FAZAA Services Fees in consideration for the Services provided by FAZAA. Upon your product/item/service being purchased through the Platform by the FAZAA Program Member/User, you will pay FAZAA Services Fees defined as a percentage of the product/item/service selling value (“Percentage of Selling Value”) and may not be less than a minimum of AED 5 (Five United Arab Emirates Dirham only) per product/item/service. The Percentage of Selling Value is defined for each category of products/items/services as set-out in the “Services Fees List” posted on the Platform. You can verify sales reports for each calendar month through your Merchant/Seller Account and the report will set-out in respect of each online purchase through the Platform by a FAZAA Program Member/User, the balance of the relevant product/item/service purchase price (posted on the Platform) after deduction of the Services Fees (“Balance per Transaction”). The sums of Balance per Transaction for the total number of transactions during a month will be accumulated and released to Merchant/Seller’s Account on the Platform each thirty (30) calendar days. The aforesaid period is subject to absence of any dispute or claim by a FAZAA Program Member/User in respect of the online purchase through the Platform. Thereafter, the Merchant/Seller can request transfer of such credit to the Merchant/Seller’s bank account (specified in the Merchant/Seller Account) at any time. FAZAA will arrange for such a bank transfer within seven (7) calendar days from receipt of the Merchant/Seller’s credit transfer request. FAZAA’s obligation to remit funds received by FAZAA on your behalf is limited to funds that FAZAA has actually received less relevant Services Fees owed by you to FAZAA as per these Terms, subject to chargebacks or reversals due to FAZAA Program Members/Users successful claims in accordance with these Terms. FAZAA is thus hereby authorized by the Merchant/Seller to collect the Services Fees accrued in respect of each online purchase transaction by a FAZAA Program Member/User through the Platform by retaining the amount of the relevant Services Fees as defined here above in FAZAA’s bank account opened before the electronic payments processing/collection bank. The Merchant/Seller will bear any applicable taxes of whatsoever nature in connection with the products/items/services sold through the Platform as per the laws of the United Arab Emirates. FAZAA and the Merchant/Seller shall endeavor to resolve all and any payment disputes amicably, and in the absence of an amicable resolution between the parties, the relevant payment dispute will be settled by the competent judicial courts in the Emirate of Abu Dhabi.
- MERCHANT/SELLER REPRESENTATIONS: Merchant/Seller represents that: (i) Merchant/Seller has the power and licences, permissions, authorisations, proprietary rights, consents and permits in the products/items/services offered through the Platform to FAZAA Program Members/Users and the authorizations to sell and promote products/items/services in the United Arab Emirates; (ii) products/items/services conform to UAE/international quality and safety standards; (iii) the Merchant/Seller shall be solely responsible for any products/items/services promoted or distributed through the Platform and any breach arising from such promotion/distribution to any third party distribution rights/agreements; (iv) promotion and sale of products/items/services through the Platform will not be in breach of any applicable laws/UAE laws.
- INTELLECTUAL PROPERTY: You hereby licence FAZAA to use, copy, distribute and disclose to third parties any content, trademarks, logos, materials or product images that you upload on the Platform (and you warrant that you are entitled to grant such a licence). This licence you grant to us is non-exclusive, and royalty-free. We do not grant any licence to you with regards to the use of any intellectual property rights owned by FAZAA. Intellectual property rights owned by FAZAA on the date when you create the Merchant/Seller Account will remain the property of FAZAA. Any new intellectual property rights created by FAZAA during the Term (as defined here below) in relation to the Platform and/or Services will be owned by FAZAA.
- CONFIDENTIALITY: Each of FAZAA and the Merchant/Seller shall not disclose confidential information in any form whatsoever (“Confidential Information”) relating to this agreement or delivered by the other party in course of the performance of this agreement or on the occasion of such performance to any third party. This confidentiality obligation will survive the termination of this agreement for an undefined duration. FAZAA may disclose the Confidential Information to FAZAA Program Members/Users who will be bound to this confidentiality obligation.
- TERM AND TERMINATION: This Agreement shall commence on the date on which your Merchant/Seller Account was created and shall remain in force for an undefined duration unless terminated. FAZAA may terminate this Agreement at any time at its sole discretion without the need for a judicial recourse upon serving a ten (10) days notice on the Merchant/Seller. Upon termination, your Merchant/Seller Account shall cease to exist. The termination of this Agreement shall not affect any accrued rights or liabilities of either party prior to termination. Furthermore, the termination of this Agreement shall not affect the coming into force or the continuance in force of any provision of this Agreement which is expressly or by implication intended to come into force or continue in force on or after termination of the Agreement.
- GOVERNING LAW AND JURISDICTION: This Agreement shall be construed in accordance with and governed by the laws of the United Arab Emirates. Any dispute arising from or in connection with the formation, interpretation, performance or termination of this Agreement shall be exclusively settled by the competent judicial courts in the Emirate of Abu Dhabi.
(a) Entire Agreement. These Terms together and the Platform Terms contain the entire agreement of the parties relating to the provision of Services by FAZAA to the Merchant/Seller and supersede any previous understandings or agreements verbal or in writing in the aforesaid respect.
(b) Notices. Any notice served in respect of this Agreement should be sent in writing in English to each of the following addresses:
To FAZAA: e-mail: [email protected]
To the Merchant/Seller: refer to the address stated in the Merchant/Seller Account.