TERMS AND CONDITIONS OF SALE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SALE CAREFULLY. RECEIPT OF A WRITTEN ACKNOWLEDGEMENT OF ORDER OR, IF EARLIER, RECEIPT OF YOUR ORDER, WILL INDICATE THAT YOU ACCEPT WHOLLY THE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
1.1 In these Terms and Conditions, the following words have the following meanings:
Buyer: the person / consumer which for the avoidance of doubt is a private person buying Goods for private and commercial use.
Company: NES - SO LLC a company registered in Dubai, United Arab Emirates (registration number DCCI No. 101226) whose registered office address is Land Registration Office Building Oud Metha, PO BOX 120214 Dubai, UAE. Partner offices are in Germany, Italy, Bahrain, Qatar, KSA, Oman and Turkey.
Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions.
Goods: any goods agreed in the Contract to be supplied to the Buyer by the Company.
1.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
2. DESCRIPTION OF GOODS
2.1 The quantity and description of the Goods shall be as set out in the Company's acknowledgement of order.
3.1 Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place at address provided at the time of order.
3.2 Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. The Company aims to dispatch orders within 15 to 30 days from receipt of order and payment, and no later than 40 days. If no dates are so specified, delivery shall be within a reasonable time.
3.3 Delivery may be made by post, carrier, or Company vehicle, at the Company's discretion.
3.4 Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence).
3.5 If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorizations:
(a) risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company's negligence);
(b) the Goods shall be deemed to have been delivered; and
(c) the Company may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
4.1 The Goods are at the risk of the Buyer from the time of delivery.
4.2 Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:
(a) the Goods; and
(b) all other sums which are or which become due to the Company from the Buyer on any account.
4.3 Until ownership of the Goods has passed to the Buyer, the Buyer shall:
(a) hold the Goods on a fiduciary basis as the Company's bailee;
(b) store the Goods (at no cost to the Company) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as the Company's property;
(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and
(d) maintain the Goods in satisfactory condition and keep them insured on the Company's behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Buyer shall produce the policy of insurance to the Company.
4.4 The Buyer's right to possession of the Goods shall terminate immediately if: (a) the Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying floating charge holder, or a resolution is passed or a petition presented to any court for the winding up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer.
5.1 Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out in the Company's website on the date of order.
5.2 The acknowledgement of order will state whether VAT is payable or not and, if so, whether the price is inclusive or exclusive of VAT. Home delivery charges are not included in the individual product prices, but are added to the total order and shown separately on the invoice.
6. Minimum Order Volume
6.1The minimum order volume should be $200,-
7.1 Subject to condition 7.4, payment of the price for the Goods is due in Euro or USD on the date of order.
7.2 Time for payment shall be of the essence.
7.3 No payment shall be deemed to have been received until the Company has received cleared funds.
7.4 All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.
7.5 The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.
8.1 The Company warrants and guarantees to the Buyer that Goods will be covered by the relevant manufacturers warranty. Should Goods be defective within this period, the Company shall at its option repair or replace such Goods (or the defective part) within a reasonable time, or at its absolute discretion refund the price of such Goods at the pro rata contract rate provided that, if the Company so requests, the Buyer shall, at the Buyer's expense, return the Goods or the part of such goods which is defective to the Company. Goods must be returned to the Company in their original packaging. Any returned Goods, which have been replaced by the Company, shall belong to the Company and any repaired or replacement Goods shall be guaranteed on these terms for the unexpired portion of the 2 month period.
8.2 The Company does not give a warranty guarantee protection for:
(a) Damage caused by incorrect assembly, unreasonable use, including failure to carry out any necessary maintenance;
(b) Goods used commercially;
(c) Defects caused by any alterations, modifications, repair by any unauthorized third party or the Buyer, accidents or failure to follow the instruction manual;
(d) Any Goods which may wear and require replacement as general maintenance;
(e) Damage caused by any party (except the Company) or other external force;
(f) Fitness for any particular purpose save for any particular purpose made known to the Buyer by the Company in writing;
(g) Any instruction given by the Buyer and correctly performed by the Company.
9. DATA PROTECTION
Your personal details will be held and/or transferred in strict accordance with the applicable data protection laws. Your personal details will not be disclosed to any other company, and will only be used to keep you updated with our products. You may, however, instruct the Company not to use your details for direct marketing purposes.
10.1 The Company aims to provide the best quality service, therefore if we do not meet your requirements please contact us and we shall aim to deal with your complaint within 7 working days of you contacting us. Such contact can be made by telephone, e-mail or post.
11.1 Some Goods require a small amount of home assembly. Such assembly should be carried out by a competent adult and in accordance with the instruction manual provided. All mechanical items may need slight adjustment due to general maintenance.
12.1 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
12.2 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
12.3 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by UAE law and the parties submit to the exclusive jurisdiction of the Dubai, United Arab Emirates courts.