In these terms and conditions (hereinafter “Terms”) “we”, “us” and “our” refers to SEHATY BY D R O.“You” refers to any legal person using the SEHATY BY D R O website. By accessing our website, www.belvas.ae, (hereinafter “Website”), you agree to be bound by the Terms set out below. We reserve the right to amend these Terms at any time and your use of the Website following the amendments will represent your agreement to be bound by the Terms as amended.
Subject to the express provisions of these Terms:
(I)We own and control all the copyright and other intellectual property rights in the Website and the material used on the Website; and(ii)All the copyright and other intellectual property rights in the Website and the material used on the Website are reserved.
When you visit the Website, we grant you a limited license to access and use the information for personal use and the Website must not be used for any purposes other than for what it is intended. The license to access and use the information on the Website does not allow you to illegally copy or change any copyright symbol, trademark or other proprietary notice. Your use of the content in any other way, shape or form infringes our intellectual property rights. You must not download, save, exploit, redistribute and/or republish any material from the Website on to any computer, mobile, or any electronic device or otherwise without our express authorization. We reserve the right to restrict access to areas of the Website in its entirety or otherwise, at any time at our sole discretion. You agree not to, or attempt to, circumvent/bypass any access restriction measures implemented on the Website.
You agree not to use the Website in any way or action that may:
(I)Cause damage to or impair of the performance of, availability or accessibility of the Website;(ii)Be illegal, fraudulent or harmful to any person or company in any direct or indirect manner and;(iii)Use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must ensure the accuracy of all the information you supply to us through the Website, or in relation to the Website.
TERMS OF PAYMENT
We accept payment via Credit Card & Cash on Delivery, ____. Our prices are set in AED (United Arab Emirates dirham) and your card will be charged in AED. If your card is in another currency, your card issuer will convert the AED amount into your card’s currency and may charge a fee. The exchange rate and any additional charges are set entirely by your card issuer. All prices on Products are exclusive of VAT and delivery fees. If you make a card payment for our Products or services on our Website, the details submitted are provided directly to our payment provider via a secure connection. Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorized access to the personal and transactional information you provide to us when placing an order.
ORDER ACCEPTANCE AND PRICING
The site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order. We reserve the right to refuse or cancel any order. In the event that an item is incorrectly priced we may, at our sole discretion, either contact you or cancel your order and notify you of such cancellation. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
Unless otherwise agreed in writing, delivery of the products (hereinafter “Products”) shall take place at the address specified by you on the date specified by us. You shall make all necessary arrangements to take delivery of the Products whenever they are tendered for delivery. The date of delivery specified by us is an estimate only. Time for delivery shall not be of the essence of the contract and while every reasonable effort will be made to comply with such dates, compliance is not guaranteed and you shall have no right to damages or to cancel the order for failure for any cause to meet any delivery date stated. If we are unable to deliver the Products for reasons beyond our control, then we shall be entitled to place the Products in storage until delivery. You shall not be held liable for any expense associated with such storage. If you are unavailable or fail to accept the delivery of the Products on the delivery date or within three (3)days of notification that they are ready for dispatch, we reserve the right to charge you for the next delivery. Risk of damage or loss of the Products shall be borne by you once the Product is collected or delivered. Not with standing delivery and the passing of risk in the Products, or any other provision of these conditions, ownership of the Products shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Products.
We do not warrant or represent:
(I)The completeness or accuracy of the information published on the Website;
(ii)That the material on the Website is up to date; or
(iii)That the Website, in whole or partly, will remain available. We reserve the right to discontinue, alter, modify, change or otherwise, all or any part of the Website, and to stop publishing at any time, at our sole discretion, without any notice or explanation. As a result of any discontinuation, alteration, modification, change or otherwise, you shall not be entitled to any form of compensation or other payment upon any such discontinuance or alteration of the Website. We hereby exclude any and all representations and warranties relating to the subject matter of these Terms, the Website and the permitted use of the Website.
LIMITATION OF LIABILITY
We shall under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profits, any direct or indirect consequential loss arising under or in connection with a failure by you to comply with these Terms or our total liability to you in respect of all other losses arising under or in connection with your use of the Website. You agree to provide and maintain true, accurate, current and complete information about yourself in terms of potential allergies or sensitivities towards any ingredients that may be used in any or all of our products. We will not be liable to you in respect of any losses:
(I)Arising out of any event(s) beyond our reasonable control.
(ii)(Without limitation) loss of profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
(iii)Of any data, database or software. The images provided on the Website are as faithful and accurate as possible. We cannot ensure the exact similarity of the images and shall not be held liable against claims of misrepresentation. You accept that we have an interest in limiting the personal liability of our Partners, Officers, Employees and Representatives and, having regard to that interest, you agree that you will not bring any claim against our Partners, Officers, Employees and/or Representatives in respect of any losses you suffer in connection with the Website or these Terms.
By accessing the Website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of the Website.
If any court or competent legal authority decides that any of the provisions or paragraphs of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by applicable law.
If we fail to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. Waiver by us of any default will not constitute a waiver of any subsequent default.
THIRD PARTY RIGHTS
This contract is between you and us. No one other than a party shall have any right to enforce any of its Terms.
If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send us an e-mail at firstname.lastname@example.org . We will confirm receipt of this by contacting you in writing by e-mail.
We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control including without limitation Acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving SEHATY BY D R O employees), or acts of local or central government or other competent authorities. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the construed in accordance with laws of the Dubai International Financial Centre (DIFC).The Parties irrevocably agree that the courts of the DIFC shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).