Terms and Conditions
Waisell FZE (the "Company") provides services to you (the "Customer") (each a "Party" and collectively the "Parties") subject to the notices, terms, and conditions set forth in this agreement (the "Agreement") under which the Company offers the Products (as this term is defined below) for sale (without the prejudice to the Company's right to revoke the offer for the sale of Products and subject to section of this Agreement) and the Customer may purchase such Products under the terms and conditions provided in this Agreement.
We may change the Agreement from time to time at our sole discretion without your prior or further approval. By continuing to use the Website (as this term is defined below) after we post any such changes, you accept the Agreement, as amended.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT AND YOU CONFIRMATION THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT AND HAVE SOUGHT, OR HAD SUFFICIENT OPPORTUNITY TO SEEK, SEPARATE PERSONAL LEGAL ADVICE ABOUT THE NATURE AND EXTENT OF YOUR OBLIGATIONS UNDER THIS AGREEMENT AND IS FULLY AWARE OF ITS TERMS AND EFFECT.
Unless the context otherwise requires, in this Agreement, the following terms shall have the following meanings:
"Account" means a virtual account registered on the Website being the mandatory condition precedent for making Orders through the Website;
"Business Day" means a day, when the Company provides its services, set by the Company at its sole discretion;
"Customer Service" means customer service of the Company, which you can access through the “Contact us” facility on the Website;
"Delivery Agent" means a provider of delivery services as defined by the Company from time to time based on the place for Product delivery and depending on the Product delivery method;
"Force Majeure" means extraordinary events, which are beyond the reasonable control of the Party, which occur after the acceptance of this Agreement by the Parties, and which the Parties could not reasonably foresee or prevent. In particular, the following events shall constitute an extraordinary event:
- acts of God, flood, drought, earthquake, explosion or other natural disaster;
- epidemic or pandemic;
- acts of terrorism, civil war, civil commotion or riots, war (declared or undeclared), threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations, invasion, acts of foreign enemies, hostilities (whether war is declared or not), rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority;
- ionising radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component;
- pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speeds;
- any law or any action taken by a government or public authority in effect on or after the date of this Agreement (which impede fulfilment of obligations by the Parties under this Agreements), including without limitation imposing an export or import restriction, currency restriction, quota or prohibition, or failing to grant a necessary licence or consent; and a collapse of buildings, fire, explosion or accident; national or regional emergency, strikes, labour stoppages or slowdowns or other industrial disturbances;
"Insurance Policy" means the terms and conditions applicable to the insurance of the Ordered Products;
"Order" means an order for the Product through the Website, and the term “Ordered” shall be construed accordingly;
"Order ID" means a unique code assigned to you by the Company upon the completion of the Ordering Form, which confirms your unconditional acceptance of the terms of this Agreement and serves as an identifier of your contract between you and the Company;
"Ordering Form" means a form available on the Website for the Customer having the Account, which the Customer shall complete to make the Order;
"Price" means the price, which must be paid by the Customer for the Ordered Product and which includes carriage fee of the Delivery Agent to be determined upon the completion of the Ordering Form by the Customer;
Product" means any computing units or other goods, including, but not limited to, computer electronic accessories, computer software, computer and data processing requisites, computer equipment and requisites (as amended from time to time), which could be Ordered through the Website;
"VAT" means value added tax;
"We", "us", "our" means the Company;
"Website" means a website available at https://gygnet.store;
"You", "your" means you, who access the Website.
Meaning of references
In this Agreement, except where the context otherwise requires:
- words importing one gender shall be treated as importing any gender, words importing the singular shall be treated as importing the plural and vice versa, and words importing the whole shall be treated as including a reference to any part thereof;
- references to any document (including this Agreement) are references to that document as amended, consolidated, supplemented, novated or replaced from time to time;
- references to the word "include" or "including" or "in particular" (or any similar term) are not to be construed as implying any limitation, except where made together with words like "exclusively" (or any similar term) and general words introduced by the word "other" (or any similar term) shall not be given a restrictive meaning by reason of the fact that they are preceded by words indicating a particular class of acts, matters or things;
- references to "Euro" or "€" or "EUR" are to the single currency of the European Union constituted by the Treaty on European Union;
- references to "Great Britain Pounds" or "£" or "GBP" are to are to the lawful currency from time to time of the United Kingdom of Great Britain and Northern Ireland;
- references to "US Dollars" or "$" or "USD" are to the lawful currency from time to time of the United States of America;
- references to a "person" or "entity" shall include any individual, firm, body corporate, unincorporated association, government, state or agency of the state, association, joint venture or partnership, in each case whether or not having a separate legal personality;
- if a period of time is specified as from a given day, or from the day of an act or event, it shall be calculated exclusive of that day;
- any obligation in this Agreement on a person not to do something includes an obligation not to agree or allow that thing to be done.
The clause, paragraph, and section headings are inserted for ease of reference only and shall not affect construction.
Meaning of undefined terms
If a word or term used in this Agreement is not defined in this clause 2, it shall have the meaning given in the text of this Agreement.
The pictures of products are for illustration purpose only. The actual product may vary.
No strict construction
In the event that an ambiguity or question of intent or interpretation arises, no presumption or burden of proof shall arise favouring or disfavouring any Party by virtue of the authorship of any provisions of this Agreement.
You shall reach the age, which is required by the laws of your jurisdiction for the lawful use of the Website and services available on the Website and by opening the Account you represent and warrant that you have reached the age, which is required by the laws of your jurisdiction for the lawful use of the Website and services available on the Website.
Some of the Website’s features may be supported by advertising revenue and may display advertisements and promotions. In consideration for the Company granting you access to and use of the Website, you agree that the Company may place such advertising on the Website.
Legality of Account opening
You may only open the Account if it is legal to do so in the country of your residence. By opening the Account, you represent and warrant to the Company that opening of the Account by you does not violate any laws or regulations applicable to you and that you have obtained all and any approvals, licenses, permits or other documents that are required for you to open the Account and use any services available on the Website. You shall indemnify in full and hold harmless the Company and its affiliates from and against all losses, which the Company and its affiliates may suffer as a result of the breach of this section of the Agreement by you.
Information for Account opening
You hereby represent and warrant to the Company that all information provided during the registration process or any time afterward is true, complete and accurate.
You shall not assign, dispose or otherwise transfer your Account to any of your affiliates or any third party or otherwise grant any of your affiliates or any third party a legal or equitable interest in it.
You shall not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Website or any portion of it unless expressly permitted by us in writing. You shall not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by us in advance. You also shall not resell the Products you have Ordered and purchased from the Website to any affiliates and third parties. We reserve the right to refuse service, and/or cancel Orders at our sole discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.
Prohibited countries of residence
You may not use the Website if you are residing in any of the following countries: Afghanistan, Cuba, Eritrea, Iran, Iraq, Libya, North Korea, South Sudan, Sudan, Syria or Crimea. This list is not exhaustive and we may, at our sole discretion, decide to discontinue or restrict our services in other countries at any time and without prior notice. We reserve the right to suspend or terminate your Order at any time if we reasonably believe to be required to do so by law or to comply with recommendations issued by a relevant governmental authority.
4. Account maintenance
You shall ensure that the information provided by you to open the Account is always true, complete, accurate and up to date and we shall not be liable for any loss arising out of your failure to comply with the obligation provided in this section 4. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence.
5. Account Safety
You shall take all reasonable steps to keep your Account password safe at all times and never disclose it to anyone. Our personnel will never ask you to provide your password to us, our affiliates or any third party. Any message you receive or website you visit that asks for your password for the Account, other than the Website, shall be reported to us. If you are in doubt whether a website is genuine, you shall contact the Customer Service. It is advisable to change your password regularly (at least every three (3) months) in order to reduce the risk of a security breach in relation to your Account. We also advise you not to choose a password that is easily guessed from information someone might know or gather about you or a password that has a meaning. You shall not allow any affiliate or third party to access your Account or watch you accessing your Account.
If you have any indication or suspicion of your Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorisation or otherwise compromised, you are advised to change your password. You shall contact the Customer Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorised use of your Account, login details, password or other security features. Any undue delay in notifying us may affect the security of your Account and result in you being liable for any losses as a result.
Suspension for security reasons
We may suspend your Account or otherwise restrict its functionality on reasonable grounds relating to the security of the Account or any of its security features or if we suspect that an unauthorised or fraudulent use of your Account has occurred or that any of its security features have been compromised. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying you would be unlawful or compromise our reasonable security interests. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
Security of e-mail account
You must take all reasonable care to ensure that your e-mail account(s) are secure and only accessed by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your Account. In case any of the e-mail addresses registered with your Account is compromised, without undue delay after becoming aware of this, you shall contact the Customer Service, as well as your e-mail service provider.
Storage of login details
Irrespective of whether you are using a public, a shared or your own computer to access your Account, you must always ensure that your login details are not stored by the browser or cached or otherwise recorded. You must never use any functionality that allows login details or passwords to be stored by the computer you are using.
The Price, as well as the specifications and terms of offers available on the Website, are subject to change without any prior notice. It is your obligation to be aware of actual and up-to-date Price.
Occasional pricing error
While we try to ensure that all Prices specified on the Website are accurate and up to date, errors may occur on an occasional basis. If we discover an error in the Price of the Ordered Product ordered, we will inform you as soon as practicable, but not later than seven (7) calendar days following the day when such an error was discovered, and give you the option of refunding the amount of funds exceeding the correct price or cancelling the Order. If we are unable to contact you, we will treat the Order as cancelled. If the Order is cancelled under this clause and you have already paid for the Product, you will receive a full refund.
To make the Order, you shall have the Account and complete the Ordering Form strictly in the order provided below:
- chose the Product on the Website and the number of items;
- provide the following information necessary to arrange the delivery of the chosen Product:
- your first name and last name;
- your e-mail;
- your phone number;
- the country, region, and city for delivery;
- postal code for delivery;
- address delivery;
- delivery method;
- pay the Price for the Ordered Product.
As soon as you complete the Ordering Form, we shall assign the Order ID to the Order you have made. We shall provide you with the Order ID in a separate e-mail after the completion of the Ordering Form. Please quote the Order ID in all subsequent correspondence with us relating to the Order. If you fill the Ordering Form without creating a permanent account, you automatically create a temporary account to make a one-time purchase and you confirm that you have read and agreed to Chapter 3 of this Agreement.
If we are unable to supply you with Products, for example, because those Products are not in stock or are no longer available, we shall inform you of this by email and we will not process your Order. If you have already paid for the Products, the refund of the Price shall be subject to a commission in the amount specified on the Website possible. If the purchase is made not through the Ordering Form, please, insert the Order ID into the 'purpose of payment' section.
Order changing request
You may request changing your Order before you have received the Order ID. To request the change of the Order, please contact us during Business Hours through the "Contact us" facility on the Website.
The Company strives for accuracy in all Product descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information available on the Website or referenced on the Website. Due to human error and other determinates, we cannot guarantee that all Product descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other Product-related information listed are entirely accurate, complete or current, nor can we assume responsibility for these errors (if any). Additionally, all hyperlinks to other websites from the Website are provided as resources to customers looking for additional information and/or professional opinion. The Company does not assume responsibility for the claims and/or representations made on these or any other websites.
All descriptions, photographs, and advertising are sole to provide an idea of the Products they describe. While we take every care with our descriptions, errors may occur and are excepted from the contract if very minor. Images of the Products are for illustrative purposes only.
You acknowledge that the Company shall have the right, but not the obligation to provide you with the estimated time for processing your Order. Orders are not processed on weekends and public holidays in the jurisdiction of the Company incorporation.
Means of Payment
Payment can be made by any means, which are available on the Website from time to time.
We shall provide you with the confirmation of the payment of the Order in a separate email.
Any information posted on our official web-site is an integral part of this Agreement. By agreeing to the terms of this Agreement, you also agree to the rules of purchase. In case you fail to indicate the Order ID and/or do not agree to the rules posted on this web-site, you act at your own risk, and we are not responsible for your actions.
The Products shall be delivered by the relevant Delivery Agent according to its terms, which shall be deemed incorporated into this Agreement by this reference.
Risk of loss
The risk of loss of the Product purchased by you through the Website pass to you upon our delivery of the items to the Delivery Agent.
For the avoidance of doubts, the Company is not an insurance company and does not offer or provide insurance of the Products within the delivery process. It is the right of the Customer to ensure the Product and not the obligation of the Company to do so.
The Company shall deliver the Product you have chosen only to the address, specified by you in the Ordering Form.
We shall provide you with the information on delivery, including information on the Delivery Agent, in a separate email upon completion of the Ordering Form.
Unfortunately, we may not be able to change the delivery address after your Order has been dispatched. If you wish to change the delivery address after your Order has been dispatched and if we or the Delivery Agents (as applicable) are able to process the change, a charge in the amount of € 100 will be made and you hereby agree that if the situation described in this section occurs, you shall be liable for the costs for the storage, carriage, return and loss associated with and caused by change of the delivery address after the dispatch of your Order.
The Delivery fee shall be available to the Customer after completing the Ordering Form and shall depend, including, but not limited to, the delivery place and delivery method.
The Ordered Product is subject to delivery only after the Company receives the payment of the Price. For the avoidance of doubts, the Company shall not be liable for any failures of third parties, which arrange the payment (e.g., payment systems, banks or other financial institutions).
10. Uncontrollable events and delays
In case of delays caused by Force-Majeure events, the Company shall have the right to either suspend processing of the Order or to terminate the contract without any liability.
11. After-sale repair, maintenance, replacement and return of faulty Product
The Company shall repair, maintain, replace or accept the return of the Ordered Product only provided that such Product contains a defect on arrival or is otherwise faulty (the "Faulty Product").
If the Customer wants the Company to repair, maintain, replace or accept the return of the Faulty Product, he shall exercise such right by contacting us through the “Contact us” facility on the Website within one (1) Business Day following the date of discovery that the Product is faulty, but not later than fifteen (15) Calendar Days following the receipt of the Ordered Product
Shall the Customer fail to exercise his right to replace the Faulty Product within the term specified in section 11 above, the Company shall be released from the obligation to replace the Faulty Product.
For the avoidance of doubts, it is the Customer, who shall bear the costs related to the carriage of the Faulty Product to the Company and not the Company itself.
We test replaced and returned Faulty Products, and if the Faulty Product replaced or returned by us is found not to be faulty by our technicians, we will return the Product to you. In this case, you shall be liable for the return carriage costs.
For the avoidance of doubts, the Company shall have no obligation to repair, maintain, replace or accept the return of any Product, which is operational and could not be deemed the Faulty Product.
Only new Product that was not in use and has no signs of previous use (e.g., scratches, chips, rubs, changes in software, etc.) is subject to the replacement or return under this section 11. The rights provided under this section 11, are subject to delivery of a complete set of the Product, all components of the package (labels, seals, factory markings, etc.) and Product’s integrity.
12. Product Guarantee
The terms and conditions of the guarantee for the quality of the Product are provided on the Website and such guarantee shall be deemed provided in writing (the "Product Guarantee").
The Product Guarantee shall also cover the hidden defects, which may diminish the value of the Product, or render the Product unusable for the purposes for which it is produced according to its nature or the terms of this Agreement.
The Product complies with the relevant specifications and quality certificates as specified on the Website.
To the extent permitted under applicable law, the Company and its affiliates make no express or implied warranties, guarantees or conditions in respect of Product’s fitness for a particular purpose, specific computing capacity of the Product, the workmanlike effort of the Product and any other specific result of the use of the Product. Subject to the provisions of section 12 of the Agreement and to the extent permitted under applicable law, Products available on the Website are warranted only under any license agreements or manufacturer’s warranties that accompany them.
The Company has the right to refuse the guarantee repair in the following cases:
- the integrity of the guarantee seals has been compromised;
- there are mechanical or other damages that appeared as a result of intentional or negligent actions of the Customer or third parties;
- there is an unauthorised takedown, repair or alteration of internal design or components of the Product, alteration of Product’s scheme;
- the Customer failed to complete the guarantee certificate properly;
- the serial number or the number stored in the Product’s memory has been changed, erased or cannot be determined;
- other cases as provided for in the terms and conditions of the Product guarantee.
The guarantee obligations of the Company do not apply to the following malfunctions:
- normal deterioration or resource exhaustion;
- accidental damage caused by the Customer, or damage caused by a negligent attitude or use (influence of the liquid, dustiness, inappropriate items inside the Product, etc.);
- damage caused by natural disasters;
- damage caused by an emergency increase or decrease in the voltage in the electricity grid or incorrect connection to the electricity grid;
- damage caused by defects in the system in which the Product was used or arising as a result of Product’s connection to other gadgets;
- damage caused by the improper use of the Product or use of the Product in violation of the applicable operating rules.
13. Import policy
If you order the Products from the Website for delivery outside the United Arab Emirates, they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You shall be responsible for payment of any such import duties and taxes. Please note, that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your Order.
No prohibited transfers
You warrant that you will not transfer, or encourage, assist, or authorise the transfer of any Product to a prohibited country specified in the clause of this Agreement or otherwise in violation of any applicable restriction, law, or regulation.
14. Legality of Product orders
You may only order Products through the Website if it is legal to do so in the country of your residence. By using the Website, you represent and warrant to the Company that using of the Website by you does not violate any laws or regulations applicable to you. You shall indemnify in full and hold harmless the Company and its affiliates from and against all losses, which the Company and its affiliates may suffer as a result of the breach of this clause of the Agreement by you.
Responsibility for taxes
The reporting and payment of any applicable taxes arising from the order of the Products is your responsibility. You hereby agree to comply with any and all applicable tax laws in connection with your Orders of the Products.
We will charge VAT on all Products, available on the Website, when it is required under the laws of the United Arab Emirates and under the rates applicable under the laws of the United Arab Emirates.
16. Technical assistance
The Company does not offer advice on compatibility of the Product, make Product recommendations or provide sales advice. We post all of the information the manufacturer provides us with for your convenience. Please contact us in case of any technical questions or for additional information in respect of the Product. Subject to the applicable laws, we have the right, but not the obligation to refer your questions to the Product manufacturer. No Product testing
The Company provides the Products to the relevant Delivery Agent in the condition they were received from the original manufacturer/distributor. The Company does not conduct product testing before providing any Product to the relevant Delivery Agent.
17. Physical damage policy
Physical damage to any Product purchased through the Website will effectively void warranty coverage (if applicable). Physical damage includes, but is not limited to, improper handling and/or any other type of damage sustained by irregular usage.
18. Intellectual property
All text, graphics, button icons, images, design, exterior and software (collectively, the "IP"), belongs exclusively to the Company or its affiliates. The collection, arrangement, and assembly of all IP on this Website (the "Compilation") belongs exclusively to the Company or its affiliates. All software used on this Website (the "Software") is the property of the Company its affiliates or its Software suppliers. The IP, the Compilation, and the Software are all protected by international copyright laws. Gygnet.store and any other logos, slogans, trade names or words used on the Website may be registered in your jurisdiction as trademarks of the Company, its affiliates, suppliers, or third parties (the "Trademarks") and it is your obligation to check the fact of registration of the Trademarks before using the Trademarks in any way. Shall the Trademarks be registered in your jurisdiction, the use of any of the Trademarks without our express written consent is strictly prohibited. You may not use the Trademarks in connection with any product or service in any way that is likely to cause confusion. You may not use the Trademarks in any manner that disparages or discredits us. You may not use any of our trademarks in meta tags without prior explicit consent.
19. Market competition
The Company hereby confirms that in compliance with the mandatory provisions of the laws of the United Arabs Emirates on consumer protection the Company shall not conceal or abstain from selling any Product with intent to control the market price or impose the purchase of certain quantities thereof (unless there is a limited amount of Product available for sale) or charge a higher price than the advertised price of the Product.
20. Provided data
You will receive e-mail newsletters that will inform you about events, promotions, special deals, etc. By using the Website, you agree to receive such e-mail newsletters on a regular basis. Any e-mail newsletter you receive will also give you the option to unsubscribe from any future newsletter.
21. Third-party websites
22. United Nations Convention on Contracts for the International Sale of Goods
The Parties hereby exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to the relations between them under this Agreement.
23. Changes to Agreement
Changes to Agreement
This Agreement and any additional terms and conditions that may apply are subject to change.
Effective date of changes to Agreement
The proposed changes to the Agreement shall come into effect immediately after publication on the Website and you shall not have the right to object to such a change.
Communication via e-mail
We usually contact you via e-mail. For this purpose, you shall at all times maintain at least one valid e-mail address in your Account profile. You are required to check for incoming messages regularly and frequently. Any communication or notice sent by e-mail will be deemed received by you on the same day if it is received in your e-mail inbox before 5.30 pm on a Business Day. If it is received in your e-mail inbox after 5:30 pm on a Business Day or at any other time, it will be deemed received on the next Business Day.
Other means of communication
Apart from communicating via email, we may, at our sole discretion, contact you via telephone, where appropriate. If you use any mobile services, we may communicate with you via SMS. Any communication or notice sent by SMS will be deemed received the same day.
Access to e-mails
To view e-mails, you need a computer, tablet PC, smartphone or any other device, which with can display e-mails in HTML format.
We will communicate to you in English and will always accept communications made to us in English. For non-standard communication, we reserve the right to communicate with you in English. Documents or communications in any other languages are for convenience only and shall not constitute an obligation on us to conduct any further communication in that language.
You may contact us during Business Hours through the “Contact us” facility on the Website.
25. No warranty
THE COMPANY DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY THIRD-PARTY WEBSITES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Our liability for losses you suffer as a result of breaching the contract from our side is strictly limited to the Price of the Product you purchased.
No liability for losses
We will not be liable for any indirect or consequential losses or for any of the following types of loss whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data.
27. No partnership or agency
Nothing in this Agreement shall be deemed to constitute a partnership between the Parties or constitute any Party the agent of any other Party for any purpose.
28. Force Majeure
You understand and agree that we will not be held liable for any losses or damages resulting from suspension of the services due to Force Majeure events.
29. Entire agreement
Subject to any terms implied by the applicable law, this Agreement represents the whole and only agreement between the Parties in relation to the Products sold by the Company, as well as the relevant terms of Product delivery, and supersedes any previous agreement (whether written or oral) between the Parties in relation to the subject matter of any such document, save that nothing in this Agreement shall exclude any liability for, or remedy in respect of, fraudulent misrepresentation.
30. Third party rights
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in any respect under the law of any jurisdiction, then such provision shall (so far as it is invalid or unenforceable) be given no effect and shall be deemed not to be included in this Agreement but without invalidating any of the remaining provisions of this Agreement. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The Parties shall then use all reasonable efforts to replace the invalid or unenforceable provision(s) by a valid and enforceable substitute provision the effect of which is as close as possible to the intended effect of the invalid or unenforceable provision.
Any dispute arising out of or in connection with this Agreement (including a dispute relating to the existence, validity or termination of this Agreement) shall be referred to the courts of the United Arabs Emirates subject to the applicable jurisdiction rules.
33. Governing law
Without prejudice and subject to the mandatory provisions of the laws of the United Arabs Emirates on consumer protection, the construction, validity, and performance of this Agreement and all non-contractual obligations arising from, or connected with, this Agreement shall be governed by English law.