Terms of Sale

INTRODUCTION

These Terms of Sale set out the terms and conditions on which products are supplied to you as a buyer on www.avanime.eco (called the “Site”).  The owner and operator of the Site is Avani Eco Middle East FZ-LLC a free zone limited liability company registered in the United Arab Emirates (“UAE”) under license number 96636, with its office located at B001, Building B7, DSP Warehouse Complex, Al Barsha South, Dubai, UAE (“we”, “our” or “us”).

Please read these terms carefully before you submit your order via the Site. By placing an order on the Site, you are agreeing to be bound by these Terms of Sale with immediate effect.

ORDER ACCEPTANCE

1. Supplier.  Each product in your order is sold by us.
2. Order Acceptance.  Our acceptance of your order will take place when we notify you of our acceptance in writing (e.g. by email or mobile messaging). If we are unable to accept your order, we will inform you of this in writing or through a call and will not charge you for the product.
3. Payment.  By placing an 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 :

      –     credit/debit card

4. In order to authorise 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 we shall not be liable to you for any damage or loss you may incur as a result.

OUR CANCELLATION  

We may cancel your order(s) if:

• you do not make any payment to us when it is due;
• you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
• you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

DELIVERY OF YOUR ORDER

1. Delivery Costs.  The costs of delivery will be as displayed to you on our Site.

2. Delivery Date.  All orders within UAE will be delivered to the customer within 72 hours. In case of customers from other GCC, the delivery will be within 14 days. We do not make deliveries to any other country through our e-commerce platform.  

      Delivery Delays:

• if our supply of the product is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay;
• if no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will notify you of how to rearrange delivery or collect the product;
• if you do not collect the product from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we will cancel your order.

3. ID Requirement Upon Delivery.  We may, at our sole discretion, make any inquiry we deem necessary to verify your identity and/or ownership of your financial instruments by requesting that you provide us with further information or documentation, including, but not limited to requesting a form of identification and/or credit card. If we are unable to verify or authenticate any information you provide, we have the right to refuse delivery and cancel the order.

4. Delivery from Overseas.  Note that you might be considered the importer of record in the event that your order requires delivery from overseas. In such instance, you are required to ensure that your ordered products can be lawfully imported, comply with all laws and regulations and to pay all fees and customs duties relevant to your purchase including shipping fees.

5. Title to Products.  A product will be considered owned by you and your responsibility from the time we deliver the product to the delivery address and you have paid for the product.

6. Invoice.  We will issue an electronic invoice for your purchase and send such invoice to the email address you provided to us.

RETURNS

• An order once delivered can be returned only if it conforms to the following conditions:
• The items delivered were damaged or not fit for use as described in the Site
• If you have received a wrong product from what was ordered and only if the product is retuned unused, in original packaging and inclusive of all tags.
• If your reason for return is due to an error on our side, such as an error on pricing or description, unnatural delay in delivery etc.
• You should notify us of any shortages, defects or damage within 2 days of receipt of the order. Failure to notify within the said dates shall indemnify us from the liability for any shortages, defects or damage or refund.
• All items returned are subject to inspection and approval. If the items returned fail to pass the inspection, then the buyer may not be refunded. Inspection will be based on the buyer’s reason for return of the product purchased.

 REFUNDS

1. For delivered products, we will refund to you the product amount (excluding the amount paid for the original shipping fees) provided it fulfils all clauses in the RETURNS section.
2. In all other circumstances, we will refund the product amount (excluding the amount paid for the original shipping fees) and you may pay the costs of return shipping.
3. For products not delivered, you will receive a full refund provided order is cancelled after the date of delivery mentioned in the website.

Refund Procedure.  We will issue a refund to your card used at the time of purchase within 30 working days and subject to the product being received back at our warehouse and approved inspection by our team.

LIABILITY & INDEMNITIES

Nothing in these Terms of Use shall limit or exclude a party’s liability:

for fraud, including fraudulent misrepresentation, perpetrated by that party;

for death or personal injury caused by the negligence of that party;

or for any other liability that cannot be limited or excluded under applicable law.

In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employees, 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:

• the content or other information you provide when using the Services; pricing, shipping, format or other guidance provided by us 
• delays or disruptions in our Services;    
• viruses or other malicious software obtained by accessing or linking to our Services;  bugs, errors or inaccuracies of any kind in our Services;    
• a suspension or other action taken by us with respect to your use of the Services;   

 

GENERAL 

1. Governing Law.  These Terms of Use and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of the United Arab Emirates, as applied in the Emirate of Dubai.
2. Dispute Resolution.  If you have an issue with our Services, please contact us. We will endeavour to resolve your issue as soon as possible. Any disputes or Claims arising out of or in connection with these Terms and Conditions including any non-contractual rights or obligations arising out of or in connection with these Terms and Conditions 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 Dubai International Financial Centre. The language to be used in the arbitration shall be English.
3. Force Majeure.  Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or Services to us, labour disruptions, blackouts, embargoes).
4. Communications.  You may contact us through email (info@avanime.eco) or by calling our office on 045786558 (UAE).