test

  1. Introduction

    1. The Terms and Conditions of Sale (“Agreement”) set out the terms and conditions on the supply of product/s to you (“our Services”) as a buyer/purchaser on www.dealyasteal.com or through our mobile application (collectively defined as the “Site”). The Site is owned and operated by Dealyasteal E-Commerce, which is owned By TMTC General Trading LLC, a limited liability company registered in the United Arab Emirates (“UAE”) under license number 787619, with its office located at 1003 X3, Jumeirah Bay, JLT, Dubai in the UAE (“We”, “Our” or “Us”).
    2. Please read the terms and conditions carefully before submitting your order via our Site. By placing an order on our Site, you agree to be bound by the terms and conditions as Party (“Party” or “Parties”) to this Agreement with immediate effect.
  2. Order Acceptance

    1. Supplier. The product/s as listed in your order is sold either by us or by the local or international seller that is specified on our Site.
    2. Order Acceptance. Upon our acceptance of your order we will notify you of such acceptance in writing via email or mobile messaging. In the event that we are unable to accept your order, we will inform you in writing or through a call and will not charge you for the product/s.
    3. Payment. Upon placing your order, you authorise us or our third-party payment processer to process your credit/debit card details for the amount of your order. We accept payment by,
      1. credit/debit card;
      2. via your wallet; or
      3. cash on delivery (an amount not exceeding AED 6,500)
    4. To authorize and process your credit/debit card payments, we may be required to create an account for you with our third-party payment processors, including accepting their standard terms and conditions and submitting your details to them on your behalf. You hereby authorise us to do so and shall not hold us liable for any damage or loss you may incur as a result.
    5. The cards or other payment methods accepted in our site may change at any time without prior notice.
    6. Cancelling Order. You may cancel your order at any time prior to shipping for any reason.
    7. Our Cancellation. We may cancel your order(s) if you:
      1. fail to make payment to us when it is due;
      2. fail to provide us, within reasonable time upon our request, the information necessary to process and deliver the product/s you ordered; or
      3. fail within a reasonable time to allow us to deliver the product/s to you or collect your product/s from us; or
      4. attempt to place a bulk or multi-order order in accordance with clause 2.8, below.
    8. No Bulk/Multiple Purchase. We reserve the right, at our sole discretion, to reject bulk purchases and cancel orders of multiple units of similar product/s.
  3. Confirmation and Delivery of Your Order

    1. Cost of Delivery. The costs of delivery will be shown to you on our Site after placing your order.
    2. Date of Delivery. The estimated date of delivery will be shown to you on our Site after placing your order.
    3. Turn Around Time (TAT). Once the product/s is shipped, the product/s will be delivered to you within 1 to 3 days.
    4. Delays:
      1. if our supply of the product/s is delayed by reason of a Force Majeure event as described in clause 8.10 or any analogous event outside of our control, then we will contact you within a reasonable time to let you know of the delay and shall take steps to minimise the effect of such delay;
      2. if no one is available at your delivery address to accept delivery or the product/s cannot be posted through your letterbox, we will notify you of how to arrange for re-delivery or how you can collect the product/s;
      3. if you fail to collect the product/s from us upon delivery, or in case of a failed delivery based on the circumstances described in clause 3.4 (b), or you do not arrange for re-delivery, or collect them from a delivery depot, we will contact you for further instructions on the delivery/collection of your product/s. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we will cancel your order.
    5. Presentation of ID Upon Delivery. We may, at our sole discretion, make any necessary inquiry for purpose of verification of your identity and/or your ownership of financial instruments by requesting that you provide to us further information or documentation, including, but not limited to requesting a form of identification and/or credit/debit card. If we are unable to verify or authenticate any information you provide, we reserve the right to refuse delivery and cancel the order.
    6. Overseas Delivery. Unless otherwise required by applicable law, you shall be considered as the Importer of Record (owner, purchaser, or consignee who has the ownership of imported goods at the time of importation) for the delivery of your order overseas. As Importer of Record, you shall ensure that the product/s in your order can be lawfully imported, comply with all laws and regulations and you shall pay all fees and customs duties relevant to your purchase of the said product/s.
    7. Title and Ownership. The title and ownership of the product/s (excluding any Intellectual Property) shall pass to you upon delivery to you and your payment of the product/s. You shall bear all risk of loss following the passing to you of the title and ownership of the product/s.
    8. Invoice. Upon our confirmation of your order, we shall issue and send to you a copy of the electronic invoice of your purchase to the email address you provided on our Site.
  4. Returns

    1. The table below sets out our return policy with respect to certain product categories:
      Return Return (Possibility) Return Condition

      You have received wrong product/s;

      You have received a product/s that is not as described on our Site; or

      You have received a damaged product<.>

      Yes

      For refurbished products, you must return the product within seven (7) days of receipt of shipment.

      Product is unused, in original unbroken packaging and includes all tags.

      For electronics, open products will be accepted if different from description or picture displayed.

      You have changed your mind

      Only in certain conditions.

      You have a right to return a product within fifteen (15) days of receipt of shipment.

      For refurbished products, you must return the product within seven (7) days of receipt of shipment.

      Fashion. open packaging accepted if the product(s) still has the original tags

      All other Categories. Only unbroken original packages including all accessories.

      Non-returnable Products. Refer to product/s list in clause 4.2
    2. Non-returnable Products. You agree and acknowledge that the following products may not be returned, replaced or exchanged:
      1. product/s that are classified as hazardous materials or use flammable liquids or gases;
      2. product/s that have been used or damaged by you or are not in the same condition as you have received them;
      3. any consumable product/s which has already been used or installed;
      4. product/s with tampered or missing serial numbers; or
      5. product/s that fall under specific categories, including food, beverages, household goods, digital books, swimwear, hosiery, underwear, socks, health, contact lenses, hygiene-related and personal care product/s and certain baby product/s (e.g., tethers, diapers, hygiene tissues, feeding-related product/s) music, video, and video games.
    3. Request for Refund. For requests related to refund, please contact us through our email, social media, or live chat as provided on our Site.
    4. Refund:
      1. For delivered product/s, we will refund to you the product/s amount (excluding the amount paid for the original shipping fees) in full plus the cost of return:
        1. if the product/s are faulty or not as described on our Site; or
        2. if your reason for return is due to our fault, delay, or error (e.g. error in pricing or description, a delay in delivery, etc.)

        In all other circumstances, we will refund the product/s amount (excluding the amount paid for the original shipping fees) and you may pay the costs of return shipping

        For product/s not delivered, you will receive a full refund if you cancel the order under clause 2.6;

    5. Procedure for Refund. Your refund will be issued to you depending on the method you used for payment, as follows:
      1. for payment via cash on delivery, your refund shall be sent to your wallet; or
      2. for payment made via credit/debit card, you may choose to have your refund sent to your credit/debit card or wallet.
    6. Timescale for Refund. Your refund shall only be initiated once the product/s is received back in our customer fulfilment center and after inspection by our team. The time when you will receive your refund shall be as follows:
      1. if the refund will be sent to your credit/debit card, the refund shall be credited back to your credit/debit card within thirty (30) days from the day on which we receive the product/s back in our customer fulfilment center;
      2. if the refund will be sent to your wallet, the refund shall be sent immediately after your product/s is received back in our customer fulfilment center and inspected by our team; or
      3. if you have cancelled your order before shipping, an automated refund shall be provided back to you.
  5. Product/s Warranty

    1. Warranty. A twelve (12) month warranty will be provided for certain purchased product/s against defects that occur after purchase. A twenty-four (24) month warranty for all product/s classified as Electronics (as defined in the table below) that are sold to purchasers in the Kingdom of Saudi Arabia. A three (3) month warranty (maximum) will apply to selected refurbished product/s. The warranty does not apply to cases other than defects in material, design, and workmanship. The warranty is limited only to repair of defective product/s or replacement of its defective part, or replacement or refund according to the market price of the product/s (such decision at the product/s seller’s discretion). Not all product/s are covered by the warranty. It is your obligation to check the product/s listing to know if it is covered by a warranty.
    2. Authorised Service Centres. On selected product/s and in instances where we are considered the seller, warranty repairs will be carried out by authorized service centres. Product/s that are bought through a seller other than us, are not covered by the warranties provided in this Agreement, and the terms of the respective seller’s warranty will apply. Please refer to our Warranty Policy for more details.
      Product Category Product Types Max. Repair Time Max. Number of Repairs before Replacement/Refund Action if Repair Not Possible/ Max. Number of Repairs Completed

      Electronics

      Mobiles

      14 days from reception in our repair centre

      3

      Replacement if available, otherwise refund

      Laptops / Tablets

      14 days from reception in our repair centre

      3

      Replacement if available, otherwise refund

      Cameras

      14 days from reception in our repair centre

      3

      Replacement if available, otherwise refund

      Audio/Video

      14 days from reception in our repair centre

      3

      Replacement if available, otherwise refund

      Appliances

      14 days from reception in our repair centre

      3

      Replacement if available, otherwise refund

      Electronic Accessories

      14 days from reception in our repair centre

      3

      Replacement if available, otherwise refund

      Video Games (Consoles)

      14 days from reception in our repair centre

      3

      Replacement if available, otherwise refund

      Fashion

      Watches

      14 days from reception in our repair centre

      3

      Replacement if available, otherwise refund

      Toys, Kids & Baby

      Baby Gear

      14 days from reception in our repair centre

      3

      Replacement if available, otherwise refund

      Toys

      14 days from reception in our repair centre

      3

      Replacement if available, otherwise refund

      Sports & Outdoors

      Fitness Equipment

      14 days from reception in our repair centre

      3

      Replacement if available, otherwise refund

      Health & Beauty

      Electric Personal Care

      14 days from reception in our repair centre

      3

      Replacement if available, otherwise refund
    3. Warranty Period. Repair or replacement under the terms of clause 5 (Product/s Warranty) does not include the right to extension or renewal of the warranty period. Warranty terms are in accordance with the product/s manufacturer. For more details about specific terms of the warranty applicable for your product/s, please visit the support page or website of your product/s.
    4. Warranty Not Applicable. The warranty does not apply in the following circumstances:
      1. any repair attempted by a service centre not authorized by the product/s seller;
      2. physical damage (i.e., product/s presenting obvious and clear signs of damage such as but not limited to broken screens, heavy dents, bent product/s, that can prevent a product/s from functioning properly);
      3. liquid damage (i.e., submersion or splashing of an electronic device in any liquid, or any clear indication of water inside device, or any changes in colour caused by contact or immersion in liquid or water);
      4. alteration or modification of the product’s original software (i.e., modifications and alterations such as but not limited to enabling “root” for Android devices or “jailbreak” for Apple devices);
      5. damage or defects caused by the use of any third-party accessories with your purchased product/s;
      6. removal of the serial number of the product/s;
      7. when the purchased product/s is already due for maintenance or periodic checks;
      8. replacement of consumables (e.g., batteries, light bulbs, fuses, headphones, or printer ink);
      9. any sign of abuse or misuse of the product/s (e.g., by not using it for its intended purpose or in accordance with the manufacturer’s instructions);
      10. damage of the product/s’s battery as a result of overcharging, failure to use in accordance with the specific instructions of core outlined in product/s user manual, or use of chargers other than those approved by the manufacturer; and
      11. when the seals of the product/s’s battery enclosure or cells are broken or show evidence of tampering.
    5. Warranty Claim. You may contact us through our email, social media, or live chat as provided on our Site.
  6. Representations, Warranties, and Undertakings

    1. You warrant, represent, and undertake that:
      1. you shall fully comply and at all times continue to fully comply with all applicable laws, statutes and regulations, including, without limitation, all privacy laws, and content regulation;
      2. you have full power and authority to enter into this Agreement, and make payment in accordance with this Agreement; and
      3. if you purchase a product/s on behalf of a business entity, you represent that you are authorised to act on behalf of and bind the entity to this Agreement.
    2. Subject to clause 6.1, our Services are provided to you on an "as is" basis without representations, warranties, or conditions of any kind. We disclaim all warranties, conditions, and representations of any kind, whether express, implied, or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that our Services are secure or error-free or will operate without interruption or will be provided in a timely or proper manner or at all.
    3. 6.3. The warranty as provided in clause 5.1 will be your sole and exclusive remedy under this Agreement.
  7. Liability and Indemnification

    1. Nothing in this Agreement shall limit or exclude a Party’s liability for:
      1. fraud, including fraudulent misrepresentation, perpetrated by the liable Party;
      2. death or personal injury caused by the negligence of the liable Party; or
      3. any other liability that cannot be limited or excluded under applicable law.
    2. Subject to clause 7.1, in no event will we, our parent company, subsidiaries, and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors, or licensors be liable, on any action or claim based on contract, tort, negligence, breach of statutory duty or otherwise arising out of or in relation to this Agreement for loss of profits, loss of data or information, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.
    3. In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries, and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors, or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
      1. the failure or delay in supplying the product/s or any part of the product/s if such failure or delay is caused by you not providing us the information within a reasonable time from our request or not making payment as required;
      2. damages that may result from the unauthorized repair of the product/s;
      3. loss of any saved or stored data in product/s that are either repaired or replaced;
      4. your reliance on any data or information made available through our Site with respect to the ordered product/s;
      5. your use of or your inability to use the ordered product/s;
      6. delays or disruptions to our Site or our Services;
      7. viruses or other malicious software obtained from the use of the ordered product/s;
      8. damage to your hardware device from the use of the ordered product/s; or
      9. your loss of or inability to do business as a result of our inability to deliver the product/s to you.
    4. Subject to clause 7.1, if clauses 6.3, 7.2, or 7.3 are held to be unenforceable or inapplicable for any reason, then the total liability (including legal fees) applicable to us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors, to you, whether from an action or claim based on contract, negligence or breach of statutory duty or otherwise, or in relation to this Agreement shall be limited to a) the price your paid in our Site for the product/s including the return shipping costs; or b) AED 300 whichever amount is lower.
    5. You agree to indemnify and hold us, our parent company, subsidiaries, and affiliates, and our and their directors, officers, agents, employee, suppliers, subcontractors, or licensors harmless from and against any losses, damages, and expenses (including legal fees and attorney's fees) arising out of or relating to:
      1. any claims or demands made by any third-party due to or arising out of your use of our Site and our Services;
      2. your violation of any of the clauses or terms of this Agreement, including, without limitation, any of the warranties, representations, and undertakings; or
      3. your violation of any applicable laws.
  8. General Terms

    1. Governing Law. This Agreement and any non-contractual rights or obligations arising out of or in connection thereto shall be governed by and construed in accordance with the laws of Dubai.
    2. Dispute Resolution:
      1. If you are not satisfied with any product/s that you have purchased using our Site, please contact us through email, social media, or live chat on our Site.
      2. If you are unable to resolve your issue under clause 8.2 (a) within forty-five (45) days of notifying the seller of your issue, any disputes or claims arising out of or in connection with this Agreement, including any non-contractual rights or obligations arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC – LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be at Dubai International Financial Centre. The language to be used in the arbitration shall be in English.
    3. No Third-Party Rights. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person (other than the Parties hereto) any right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
    4. Relationship of the Parties. Nothing contained in this Agreement will be deemed to be construed by the Parties or any third-party as creating a partnership, an agency relationship, or joint venture between the Parties or any of their respective employees, representatives, or agents.
    5. Further Assurances. Each party shall do and perform, or cause to be done and performed, all such further acts and things, and shall execute and deliver each necessary act, document, and anything reasonably within its power to implement and give effect to this Agreement to its full extent, including, without limitation, assisting each other in compliance with any applicable law.
    6. Assignment. The Agreement will be binding upon and insure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer this Agreement or any of your rights or obligations under this Agreement, whether directly or indirectly, without first obtaining our prior written consent, such consent not to be unreasonably withheld.
    7. Entire Agreement.The Agreement and the documents referred to or incorporated herein by reference contain the entire agreement between the Parties with respect to the subject matter and supersede all prior agreements, negotiations, and representations, written or oral, relating to its subject matter. Except as provided in this Agreement and the documents referred to or incorporated into this Agreement by reference, there are no conditions, representations, warranties, undertakings, or agreements between the parties whether direct, indirect, collateral, express or implied.
    8. Amendment. The Agreement cannot be modified, varied, amended, or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement this Agreement at any time and from time to time. We will post the current version of this Agreement on our Site and any update or change will be effective upon posting on our Site or upon the date designated by us as the “effective date” (if any). Your continued use of our Site and our Services following any such change constitutes your agreement and acceptance to be bound by this Agreement as so modified.
    9. Severability. If any clause or term of this Agreement is determined by any court of competent jurisdiction to be invalid, illegal, or unenforceable, that clause or term will be severed from this Agreement and the remaining clauses or terms will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.
    10. Force Majeure. Neither Party will be liable for any loss or damage or any delay or failure in performance due to acts beyond the control of such Party whether or not such acts could reasonably be anticipated (such as but not limited to act of God, terrorism, acts of war, epidemics, governmental action or judicial order, natural disaster, acts of any of our subcontractors or any third-party providers of goods or services to us, labour disruptions, blackouts, embargoes, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, or any other analogous or similar causes).
    11. No Waiver. Any waiver by us of any of the clauses or terms of this Agreement will not constitute a waiver of any other clause or term (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular clause or term, unless expressly provided by us in writing.
    12. Survival. The suspension or termination of your account or membership in our Site shall not suspend or terminate the clauses and terms related to indemnification, warranty, liability, and all other clauses or terms in this Agreement that either expressly or by their nature survive.