- OUR CONTRACT
These Conditions of Sale do not apply to any products sold by, and any transaction between you and a third party seller on the EquipmentHound Marketplace. Section 13 the Conditions of Use applies to those products and transactions. With respect to products sold by EquipmentHound , your order is an offer to us for you to buy the product(s) in your order. When you place an order to purchase the product(s) from us, we will send you a message confirming receipt of your order and containing the details of your order (the “Order Confirmation”). If you are using certain EquipmentHound Services (e.g. EquipmentHound mobile applications) the Order Confirmation may be posted on a Message Centre on the website. The Order Confirmation is acknowledgement that we have received your order, and does not confirm our acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product(s) to you and send e-mail or post a message on the Message Centre of the website confirming that we’ve dispatched the product to you (the “Dispatch Confirmation”). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation. Your contract of sale is with EquipmentHound. You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the Your Account area of the web site. For each delivery, we will inform you in our Dispatch Confirmation if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages. Please note that we sell products only in quantities which correspond to the typical needs of an average household and may refuse orders fro quantities that exceed this. This applies both to the number of products ordered within a single order and the placing of several orders for the same product.
- CANCELLATION AND RETURNS POLICIES
Unless one of the exceptions listed below applies, you can cancel your order for a product at no cost any time before we send the Shipment Confirmation relating to that product. You may submit your cancellation request using the Your Orders section of the website.
EXCEPTIONS TO THE RIGHT OF CANCELLATION
The right of cancellation does not apply to:
- the supply of goods made to your specifications or clearly personalized;
- the supply of goods which may deteriorate or expire rapidly;
- a service if EquipmentHound has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
- the supply of digital content (including apps, digital software, ebooks, MP3, etc) which is not supplied on a tangible medium (e.g. on a CD or DVD) once download or use (whichever is earlier) has begun; and
- the delivery of newspapers, journals or magazines with the exception of subscription contracts.
Returns are decided on a situational basis
- PRICING AND AVAILABILITY
We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail or by posting a message on the Message Centre of the website as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we have made a mistake and a product’s correct price is higher than the price on the website, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.
- DELIVERY TIMES
Unless otherwise stated on the website, delivery estimates and dates are just estimates. They are not guaranteed delivery times and should not be relied upon as such. Where we provide a guaranteed delivery dateand a delivery attempt is not made for the relevant shipment by that date, we will refund any delivery fees associated with that shipment, and otherwise we are not liable to you for late deliveries. Where estimated delivery times apply, you are still entitled have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, you may cancel your order at any time prior to dispatch in accordance with Section 2.
- PRODUCT INFORMATION
Unless expressly indicated otherwise, EquipmentHound is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, products and any product packaging and materials may be different from that displayed on our website. All information about the products on our website is provided for information purposes only and our sole liability in the event any incorrect product information will be to accept a return of the product in accordance with our returns policies and your statutory rights. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use. In the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product, contact the manufacturer, or report the concern to us. For healthcare products, content on this site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. EquipmentHound accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.
- CUSTOMS When ordering products from EquipmentHound for delivery outside of UAE you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you, we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from EquipmentHound for delivery outside of UAE, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
- SANCTIONS AND EXPORT POLICY
You may not use any EquipmentHound Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using EquipmentHound Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including EquipmentHound Software), technology, and services.
- DISCLAIMER AND LIABILITY
Unless otherwise stated in writing, EquipmentHound disclaims, and does not make, any representation or warranty of any kind in respect of any product we offer on the website or that you may order from us. EquipmentHound will not be responsible for (i) any loss arising from the unavailability of any product; (ii) losses that were not caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; or (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This Section 8 does not affect your rights under Section 4. Unless otherwise stated in writing, our liability to you for any loss arising from or relating to the offer or sale of any product by us on the website is limited to a refund of the relevant amount paid for the product (including applicable shipping fees). The disclaimers, exclusions, and any other limitations on EquipmentHound’s liability in this Section do not override any express commitments EquipmentHound gives to you (for example, in respect of Guaranteed Delivery as described in Section 4). Nothing in these conditions is intended to exclude, restrict or modify any non-excludable right or remedy you have under law including the UAE Consumer Law. Any disclaimer, exclusion, or limitation as provided for in these conditions applies to the full extent permitted by law and subject to any non-excludable right or remedy.
- APPLICABLE LAW
The laws of the Untied Arab Emirates govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of the UAE. Each party consents to exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party’s, its affiliates’ or any third party’s intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. If you would like to bring a matter to our attention, please contact us.
We reserve the right to make changes to our website, these Conditions of Sale, our policies, and our listings at any time by posting the changes on our website. You will be subject to the Conditions of Sale and policies available on the site at the time that you order products from us.
If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.