1. Introduction

1.1 Welcome to www.emakan.ae These Terms and Conditions of Sale (“Terms of Sale”) govern the selling and/or supplying of the products that listed on www.emakan.ae or on any other reference (i.e., mobile application, any other website related to eMAKAN, etc.) to the Buyer. The owner of the eMAKAN site is eMAKAN PORTAL LLC, a limited liability company duly registered with the Dubai Economic Development under business license no. 976838, with its office located at  Dubai, United Arab Emirates (“we,” “us,” or “our”). These Terms of Sale and all policies and additional terms (if applicable) posted on the Site set out the terms on which we offer you access to and use of our Site, Services and applications including our mobile application (collectively, the “Services”). You can find all of our policies and additional terms here: www.emakan.ae (“Legal Documents”). These Legal Documents are incorporated by reference into these Terms of Sale.

1.2 Kindly read the Terms of Sale carefully before you place your order through/on the eMAKAN site. By accessing, registering and/or continuing to use or access our Services, you are agreeing to be bound by these Terms of Sale and the Legal Documents with immediate effect. These Terms of Sale and the Legal Documents are subject to change by us at any time. Your continued use of the Site following any such change constitutes your agreement to these Terms of Sale and Legal Documents as so modified. References in these Terms of Sale to “you” (or similar) are references to you as an individual or legal entity as the case may be.

2. Definitions

2.1 “Applicable Laws” means any rules, regulations and laws of the Emirate of Dubai and United Arab Emirates.

2.2 “eMAKAN Services” means the use of any services, information, details, etc. that are available on the eMAKAN site.

2.3 “Products” means any products or services available for sale or supply on the eMAKAN site.

2.4 “Merchant” means any licensed entity including its employees or any other permitted users that uses, registers and access the eMAKAN site to sell Products to the Buyer.

2.5 “We”, “us”, or “our” means eMAKAN PORTAL LLC and its employees or a third-party (including contractor and agents), in addition of its affiliates.

2.6 “You”, “your”, or “Buyer” means any person who purchases Products from the Merchant on the eMAKAN site.

The Site is an e-commerce platform that allows Merchants to offer and sell products, and Buyers to buy products. We reserve the right to introduce new Services and update or withdraw any of the Services, in our sole discretion, and we will not be liable to you for exercising this discretion.

 

3. Eligibility And Registration Requirements

3.1 You are eligible to register as a Buyer or Merchant and benefit from the Services if you meet the following eligibility criteria:

1. for Buyers:
   1. You are of legal age for giving consent and/or “competent to contract” pursuant to the Applicable Law; and
   2. You are able to provide an address in the UAE.
2. for Merchants:
   1. valid business/trade license with a clear description of business activity
   2. registered logo and/or trademark(s)
   3. sufficient proof of authorization for the individual (the “Authorised Person”) who will be registering, accessing and using the eMAKAN site and/or eMAKAN services
   4. proof of identification details of the authorised Person
   5. Any information and/or documentation that may requested in the course of utilizing eMAKAN site/services, etc.

3.2 In order to register to the Site, you will need to provide us with certain information. Your registration to the Site may not be accepted if you do not provide us with the required information. We reserve the right to decline any registration without further explanation. We reserve the right to undertake such checks as are necessary to verify identities.

3.3 Once you have successfully completed registration, your registration is valid indefinitely, subject to suspension or termination in accordance with this Terms of Sale. Merchants are subject to a Merchant Performance Evaluation process; successful completion is prerequisite to maintaining registration.

 

4. Buyer’s Order

4.1 You may purchase Products through the eMAKAN site. While completing the order, you will be required to provide some information and complete your payment details. You will be responsible for ensuring their accuracy. Please note that when you place an order, you accept and agree to abide by the Terms of Sale including all other policies and Applicable Laws that are made applicable for your purchase of Products.

4.2 Each Product in your order shall be sold by Merchants who are registered to access the eMAKAN Services on the eMAKAN site. The actual contract of sale is directly between Buyer and Merchant. We do not have any control over, and we do not guarantee the existence, quality, safety or legality of the Products advertised; the truth or accuracy of the Merchant’s content or listing and/or Merchant’s ability and necessary authority to sell the Products.

4.3 Order acceptance

1. Your order shall be deemed accepted by us upon your receipt of a notification in writing (i.e., by e-mail and/or SMS) from us.
2. It shall be understood that completion of submitting the order will not constitute our acceptance of your order. Our acceptance of your order will take place only upon receipt of full payment from you.

4.4 Order cancellation

1. An order is only deemed cancelled if your cancellation request has been confirmed received by the Merchant, immediately prior to the shipping of the Products ordered.
2. We reserve our right to cancel your order in case of the following:
   1. You did not provide the information, details or documents required for the completion or delivery of the Product(s) you ordered.
   2. You did not complete the payment for the Product(s) on the due date.
   3. You did not allow us to deliver the Products to you.

4.5 We are also entitled, at our sole discretion, to withhold for investigation, refuse or reject to process any orders that we detect as “bulk” purchasing, having questionable or erroneous information or payment details necessary to process the order and/or any other suspicious transaction.

4.6 When using or accessing the Services, you agree that you:

1. Are responsible for maintaining the confidentiality of, and restricting access to and use of your account and password, and accept responsibility for all activities that occur though your account and password;
2. Agree to immediately notify us of any unauthorised use of your password or account or any other breach of security;
3. Will provide true, accurate, current and complete information about yourself and your use of the Services as required by us;
4. Will not disclose to any third-party (except as required or requested by us) a user’s information provided to you; and
5. Will cooperate with our request(s) for additional information with respect to your eligibility and usage of our Services.

4.7 When using or accessing the Services, you agree that you will not:

1. Post, list or upload content or items in inappropriate or prohibited categories or areas on our Site, including:
   1. Content or items that may be considered culturally or religiously offensive in any way;
   2. Content or items which may not be considered to be in compliance with general local law, Islamic law, rules, morals, values, ethics and traditions;
   3. Content or items that may threaten national security;
   4. Content or items which may constitute or be considered to promote gambling;
   5. Securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;
   6. Living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural;
   7. Weapons of any description;
   8. Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description and medicines;
   9. Items that to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Site user’s interest or health;
   10. Non-transferable vouchers;
   11. Chemicals.
2. Post items you do not have the right to link to or include;
3. Breach or circumvent any laws, third-party rights or our systems, policies or determinations of your account status;
4. Use our Services if you no longer fulfil the eligibility criteria or are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our Services;
5. Fail to pay for items purchased by you, unless you have a valid reason as set out in any of our policies;
6. Fail to deliver items sold by you (as Merchant), unless you have a valid reason as set out in any of our policies;
7. Use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website;
8. Manipulate the price of any item;
9. Interfere with any other user’s listings;
10. Take any action that may undermine the Site’s feedback and ratings systems;
11. Post false, inaccurate, misleading, deceptive, defamatory or similar content;
12. Transfer your account to another party without our prior written consent;
13. Distribute or post spam, unsolicited or bulk electronic communications or similar;
14. Distribute viruses or any other technologies that may harm our Services or the interests or property of other users;
15. Infringe:
    1. The copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to us; or
    2. Any Intellectual Property Rights that belong to a third-party;
    3. Collect or gather information about users without their consent; or
    4. Circumvent any technical measures we use to provide the Services.

 

5. Order Delivery

5.1 The Products will be delivered to the address which you provided in your order.

5.2 We will endeavor to deliver the Products to your specified address at the set date and time.

5.3 In case of any failure or delay in delivering the Products to you at the set date, we will contact you as soon as possible with a revised estimated delivery date. In case you were not available at your specified address at the time of delivery, we shall contact you to arrange re-delivery.

5.4 We may, at our sole discretion, withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any order of Products that breaches the provisions of this Terms of Sale or in violation of the Applicable Law.

 

6. Cancellation, Return, or Replacement of the Ordered Products

6.1 Cancellation

1. Pursuant to Clause 3.4 above, an order is only considered cancelled if your request for cancellation has been confirmed received by the Merchant, immediately prior to the shipping of your order.
2. In case of payment by credit card or debit card and you have cancelled your order in accordance with the above provision, the authorization for payment of the Products ordered will be voided and will not be reflected.

6.2 Return or Replacement

1. In case you wish to return your order whether for a refund, replacement or exchange of certain Products, you must submit to us a return request for the delivered Products and return such Products within fifteen (15) days of receipt of your ordered Products.
2. You agree that the Merchant will acknowledge and process the refund of the listed price of the ordered Products you wish to return upon the Merchant’s acceptance of such Products (if the product is unused, in original and unbroken packaging and includes all tags) and such refund shall exclude the shipping or delivery charges you paid for.
3. You accept that the refund will be issued to you as follows:
   1. If paid by electronic means (i.e., credit card or debit card), the refund shall be processed and reflected to the same card you used for payment. Subject to our Return and Refund Policy, you accept that your refund shall only initiated once the Merchant provides you a notification that the returned Products received, inspected, and accepted for return. Accordingly, you agree that you will receive the refund pursuant to the below:
4. Subject to our Return and Refund Policy, you accept that your refund shall only be initiated once the Merchant provides you a notification that the returned Products are received, inspected, and accepted for return. Accordingly, you agree that you will receive the refund pursuant to the below:
   1. Within a period of 30 days from the date, the Merchant sends a notification approving the refund depending on your card’s bank policies if the payment made by credit or debit card.
   2. For all product delivered we will initiate the refund to you the product amount but excluding the amount of shipping.
      • If the products are damage or at fault.
      • If the reason of the return is due to an error from eMAKAN such as pricing and wrong products delivered..
5. We are unable to accept returns, replacement, or exchange of Products in the following categories:
   1. Health and beauty (skincare, make-up, and cosmetics).
   2. Any other products, which personalized to your specification.
   3. Products that have been used or damaged by you or are not in the same condition as you received them.
   4. Any consumable product, which has been used or the safety seal broken.
   5. Products with tampered or missing labels or serial numbers.
6. Buyers are entitled to return, ask for a replacement, or exchange your received Products only in the following there was a defect or damage in the Product upon delivery.
   1. You have received a Product that is materially different from the description listed and/or provided on the eMAKAN Site.
   2. You did not open or use the Products you are returning/asking for replacement/exchanging;
   3. You received the Product but they do not meet the stated specification (i.e., wrong size, color, etc.) stipulated or listed on the eMAKAN Site.

 

7. Price

7.1 The price of the Products shall be the price stipulated/listed on the eMAKAN site at the time you place your order on the eMAKAN site.

7.2 The price shall include, in addition to the purchased Product’s price, any applicable sales tax, VAT, or any other duties or fees which you will be liable to pay to us.

 

8. Payment

8.1 In order to receive your order, you will have to make the relevant payment. All payment shall only be made to us. No other means or mode of payment shall be acceptable apart from the mode of payment available in the eMAKAN site. You authorize us or any of our authorized third-party payment processor to process your credit or debit card details for your order for us to collect and complete your payment.

8.2 In order to authorize a credit card, debit card or digital wallet payment, we may be required to create an account for you with our third-party payment processors. By accepting the eMAKAN Terms of Sale of Sale, this signifies your automatic acceptance of the standard Terms of Sale of the third-party payment processors, for submission of your personal information/details. Pursuant to this Terms of Sale, you therefore hereby authorize us to do so, and we will not be liable to you for any damage or loss you may incur as a result.

8.3 We accept payment by the following methods – in addition of any other method that we may state on the eMAKAN site:

1. Credit or debit card;

8.4 We are entitled to remove, add, modify and/or discontinue (temporarily or permanently) cards or other payment methods that we accept at any time without prior notice to you.

9. Defective or Damaged Products

9.1 We shall not provide any warranty for any of the Products ordered on the eMAKAN site. The warranty on the Products purchased shall only be provided and directly covered by the Merchant registered on the eMAKAN site and such warranty, including its details, shall be expressly stated on the respective Merchant’s listing on the eMAKAN site.

9.2 If a warranty is offered directly by the Merchant, this information will be mentioned in the description of the product on the website. The Merchant may be contacted directly via the Communication Center on the website. Buyer acknowledges that the actual contract of sale is directly between you and the Merchant. Thus, we shall not be responsible for any warranty claims and you indemnify and hold us harmless against any of such claims, damages, compensation and any other claims that may arise out of such warranty obligation.

 

10. Warranties, Guarantees and Undertakings

10.1 You warrant, guarantee and undertake the following:

1. Fully comply and will always continue to fully comply with all Applicable Laws, decrees and regulations, including any content regulations, and any policy/ies that we may set as necessary.
2. Have full legal capacity and authority to enter into the Terms of Sale and make the relevant payments in accordance with the Terms of Sale set forth herein including all other policy/ies as we may issue.
3. In case you purchase the Products on behalf of a commercial entity, you have the full and legal authority to act on behalf of such entity.
4. We are not liable nor responsible for any loss, damage and/or claims arising from your use of any Products purchased or ordered.
5. Provide us with any information and/or documentation that may be requested on the eMAKAN Site for the continuance of your use and access of the eMAKAN services.
6. Not to access any other person’s account unless authorized to do so nor use any personal information or details obtained from any other person by the use of the eMAKAN Services.
7. Immediately and promptly notify us if you suspect or believe that an unauthorized third-party may be using your account on the eMAKAN site or if your account information is lost, stolen or exposed to any other breach of security.
8. Provide us with the required information relating to the fulfillment of the Products you order.
9. Indemnify, defend and hold us harmless against all loss, damages, costs, expenses and any legal fees incurred by you in connection with the enforcement of our right under the Terms of Sale; and
10. Indemnify, defend and hold us harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third-party claim concerning:
    1. Your use of the eMAKAN services (including any activities under your account and use by your permitted users, employees and personnel);
    2. Your breach of or violation of Applicable Law and/or the Terms of Sale including other terms, conditions or any policy/ies as we may impose;
    3. Any material, information or Products offered in your account in the eMAKAN site including any claim involving alleged infringement or misappropriation of third-party rights or by the use, development, design, production, advertising or marketing; or
    4. A dispute between you and Merchant or any other person in relation to your purchased Products.

10.2 eMAKAN services are provided “as-is” and “as-available”. We and our affiliates and licensors make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the eMAKAN Services or the third-party content, including any warranty that the eMAKAN Services or third-party content will be uninterrupted, error free or free of harmful components, or that any content, including your content or the third-party content, will be secure or not otherwise lost or damaged. Except to the extent prohibited by law, we and our affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.

 

11. Liability

11.1 To the fullest extent permitted by Applicable Law and notwithstanding any other provision of this Terms of Sale, we including our authorized third-party providers (including our and their directors, officers, agents, employees, suppliers, subcontractors or licensors) will not be liable to you whether in contract, warranty, tort (including without limitation negligence, whether active, passive or imputed, product liability strict liability or other theory), or other cause of action at law, in equity by statute or otherwise, for:

1. Loss of use, loss of profits, pecuniary loss, loss of data, business interruption, loss of goodwill or failure to realise anticipated savings, in each case whether direct or indirect; or
2. Any direct, indirect, incidental, special, consequential or exemplary damages, even if a party has been advised of the possibility of such damages.

11.2 In addition to the foregoing, neither we nor any of our affiliates or licensors or authorized third-party providers will be responsible (directly or indirectly) for any compensation, reimbursement, or damages arising in connection with:

1. Any delay or failure of the delivery of your order.
2. Any delay in the refund in case of cancellation of your order.
3. Improper remedy of the defect of the Products taken by you or any unauthorized service center / third-party.
4. Any alteration of the Products without any prior agreement with us.
5. Products altered by you or any unauthorized service center / third-party.
6. Any defect in the Products caused by your improper use.
7. Any installation done by you or any unauthorized service center / third-party that caused damage or defect to the ordered Products.
8. Your failure to adhere or comply with the instructions of the Products including our policies.
9. For any defect, damage, etc. in certain Products that arises after the expiry of the warranty period mentioned in Clause 8.

11.3 Notwithstanding the provisions of this Terms of Sale, if we are found to be liable by competent court, then we and our affiliates, licensors and third-party providers’ aggregate liability will be limited to the lesser of:

1. the price the item sold for on our Site and its original shipping costs; and
2. the amount of fees in dispute not to exceed the total fees that you paid to us in the twelve (12) months prior to the action giving rise to the liability; or
3. AED300.

 

12. Miscellaneous

12.1 Modifications the Terms of Sale. We reserve our right to modify this Terms of Sale at any time by posting a revised version on the eMAKAN Site. By continuing to use the eMAKAN Services after the effective date of any modifications to the Terms of Sale, you agree to be bound by the modified terms.

These Terms of Sale will be binding upon and ensure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Sale or any of your rights or obligations under these Terms of Sale, whether directly or indirectly, without first obtaining our prior written consent, such consent not to be unreasonably withheld.

All rights not expressly granted to you in these Terms of Sale are reserved and retained by us or our licensors. You agree that you have no right to use any of our trademarks without our prior written consent. Except for the rights expressly granted under these Terms of Sale:

1. All content included on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads and software is our property or the property of our licensors. We (or our licensors, as the case may be) retain all right, title and interest in and to the Site and the Services, including, without limitation, all Intellectual Property Rights therein; and
2. All rights, title and interest in and to any information, materials or other content that you provide in connection with your use of the Services, including all Intellectual Property Rights therein, will become our property.

12.3 Notice. To send us notice under the Terms of Sale, you must contact us as follows: (1)by personal delivery, overnight courier or registered or certified mail to c/o eMAKAN PORTAL LLC, Dubai.

12.4 No Waivers. Our failure to enforce any of the provisions of this Terms of Sale will not constitute a present or future waiver of such provision nor limit our right to enforce such provision later. We reserve our right to waive any provision embodied in this Terms of Sale and any waiver made by us shall only be effective if in writing.

12.5 Severability. If any portion of Terms of Sale is held to be invalid or unenforceable, the remaining portions of Terms of Sale will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from Terms of Sale, but the rest of Terms of Sale will remain in full force and effect.

Any disputes or claims arising out of or in connection with this Terms of Sale, including but not limited to conclusion, execution, breach, performance, invalidity thereof, are governed by and construed in accordance with, the law of Dubai and United Arab Emirates. You irrevocably agree that the courts of Dubai (excluding DIFC Court) have exclusive jurisdiction to settle all such disputes or claims in relation to this Terms of Sale and any issues that may arise hereunder.

The Terms of Sale including any policy and/or instruction that we may set or amend as necessary is the entire Terms of Sale between the parties and supersedes all prior agreements of any manner or form.