TERMS OF SALE

Hello and welcome to Homepage. “Homepage Delivery Services EST” maintains the www.inhomepage.com, www.inhomepage.ae website and Inhomepage Mobile Application (collectively, the “Platform”). Homepage Delivery Service EST. (“we”, “our”, or “us”), a limited liability company incorporated in the United Arab Emirates (“UAE”).

Please carefully read these terms before submitting your order through the platform. By placing an order on the platform, you agree to be bound immediately by these Terms of Sale. 

ACCEPTING ORDERS

  • 1.1 Supplier: Each item in your order is sold by us or by a local or international vendor listed on the platform.
  • 1.2 Accepting Order: Our acceptance of your order occurs when we tell you in writing of our acceptance (e.g. by email or mobile SMS). If we are unable to accept your order, we will notify you in writing or by phone, and we will not charge you for the product.
  • 1.3 Payment: When you place a purchase, you authorize us or a third-party payment processor to handle your credit/debit card information for the amount of your transaction. We accept payment by credit/debit card, wallet, or bank transfer.
  1. To authorize credit/debit card payments, we may be required to open an account for you with one of our third-party payment processors, which includes accepting their normal terms and conditions and providing your information to them on your behalf. You hereby authorize us to do so, and we will not be liable to you for any resulting harm or loss.
  2. We have the right to change or delete the cards or other payment methods that we accept at any moment and without previous notification to you.
  • 1.4 Cancellation by You: You may refer to the cancellation policy.
  • 1.5 Cancellation by Us: We may cancel your order(s) if:
  1. you do not make any payment to us when it is due;
  2. you do not provide us with information that is required for us to provide the products within a reasonable time of us asking for it; or
  3. you do not allow us to deliver the products to you or collect them from us within a reasonable time: or
  4. you try to make a bulk or multi-order purchase in line with Term 1.6 below.
  5. Order(s) are unable to be fulfilled owing to a lack of product(s).
  • 1.6 Purchasing in bulk or in multiples: We retain the right, at our sole discretion, to refuse any orders in which we detect bulk purchasing or multiple units of comparable items being purchased.

YOUR ORDER DELIVERY

  • 2.1 Cost of Delivery: The cost of delivery will vary depending on the type of item purchased.
  • 2.2 Date of Delivery: The date of delivery will vary depending on the type of item purchased.
  • 2.3 Delay in Delivery:
  1. If our delivery of the product is delayed due to an incident beyond our control, we will notify you as soon as feasible and will take efforts to mitigate the impact of the delay.
  2. If no one is present to accept delivery at your address and the items cannot be posted through your letterbox, we will advise you of how to reschedule delivery or retrieve the merchandise.
  3. If you do not collect the goods from us as agreed, or if you do not re-arrange delivery or retrieve them from a delivery depot after a failed delivery to you, we will contact you for further instructions. We shall cancel your order if, despite our reasonable efforts, we are unable to reach you or re-arrange delivery or pickup.
  • 2.4 Identification is required at the time of delivery: We may, in our sole discretion, make any inquiry we consider necessary to authenticate your identity and/or ownership of your financial instruments by asking further information or documents, including, but not limited to, requesting a form of identification and/or a credit card. We have the right to deny delivery and cancel orders if we are unable to verify or authenticate any information you give.
  • 2.5 Overseas delivery: Keep in mind that if your order requires delivery from outside the country, you may be deemed the importer of record. In such cases, you must guarantee that your purchased items can be lawfully imported, that you comply with all laws and regulations, and that you pay all fees and customs charges associated with your purchase.
  • 2.6 Products’ title: From the time we deliver the product to the delivery location and you have paid for it, the product is regarded as yours and your responsibility.
  • 2.7 Invoice: We will generate an electronic invoice for your purchase and send it to the email address you registered or provide you with an invoice at the time of delivery.

INDEMNITIES & LIABILITIES

  • 3.1 Nothing in these Terms of Sale limits or excludes a party’s liability:
  1. for such party’s wrongdoing, including false misrepresentation;
  2. for death or physical harm caused by that party’s carelessness; or
  3. for any other liability that, under relevant law, cannot be reduced or eliminated.
  • 3.2 Subject to clause 3.1, we, subsidiaries, and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors, or licensors will not be liable for, whether based on an action or claim in contract, tort, negligence, breach of statutory duty, or otherwise arising out of or in relation to these Terms of Sale for profit loss, data loss, business disruption, or other monetary loss, or any special, indirect, incidental, or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors, or suppliers have been warned of the potential of such damages.
  • 3.3 Furthermore, to the extent permitted by applicable law, we (including subsidiaries, and affiliates, as well as 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 caused directly or indirectly by:
  1. delivering the products late or not supplying any portion of them if this is due to you failing to provide us with the information we want within a reasonable period of our request or failing to make the appropriate payment;
  2. damages that may occur as a result of unlawful product repair;
  3. loss of any saved/stored data in goods that are fixed or replaced;
  4. Your reliance on the platform’s content or other information on the product you buy;
  5. your use of or inability to utilize the ordered product;
  6. Delays or interruptions to our platform or services;
  7. viruses or other harmful software received as a result of using the ordered product;
  8. Damage to your hardware device as a consequence of using your ordered product; or
  9. your loss of or incapacity to do business as a result of our inability to deliver the product to you.
  • 3.4 Subject to clause 3.1, if clauses 3.2 or 3.3 are deemed unenforceable or inapplicable for any reason, then the total liability applicable to us, subsidiaries, and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors, or licensors to you, whether based on an action or claim in contract, negligence, or breach of statutory duty, or otherwise, any liability arising out of or in connection with these Terms of Sale shall be limited to the lesser of:
  1. the price at which the item was sold on our platform, as well as the original shipping charges;
  2. the price of AED 100.
  • 3.5 You agree to indemnify and hold us, subsidiaries, and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors, or licensors from and against any liabilities, harm, and expenses (including legal fees and attorney’s fees) arising out of or relating to:
  1. any claims or demands made by a third party as a result of or arising from your use of the platform and our services;
  2. your breach of any provision of these Terms of Sale, including, without limitation, any of the warranties, representations, and undertakings; or your breach of any applicable laws.

GENERAL

  • 4.1 Governing Law: The laws of the United Arab Emirates shall govern and construe these Terms of Sale, as well as any non-contractual rights or duties arising out of or in connection with them.
  • 4.2Resolution of Disputes: Please contact us if you have a problem with our services. We will make every effort to fix your problem as quickly as possible. Any disputes or claims arising out of or in connection with these Terms of Sale, including any non-contractual rights or duties arising out of or in connection with these Terms of Sale, will be referred to and eventually resolved by arbitration under the Arbitration Rules of Procedure. The language to be used in the arbitration shall be English.
  • 4.3Rights of a Third Party: Any term of these Terms of Sale cannot be enforced by anybody who is not a party to them.
  • 4.4Relationship of the Parties: Nothing in these Terms of Sale will be deemed or construed by the parties or any third party to create a relationship of partnership, joint venture, or agency between the parties, it being understood that the parties will at all times remain independent parties contracting for Services.
  • 4.5Additional Assurances: The parties will do and execute, or arrange for the doing and execution of, every act, document, and thing reasonably within their power to implement and give effect to these Terms of Sale to the fullest extent possible, including, without limitation, assisting each other in complying with applicable law.
  • 4.6Assignment: These Terms of Sale shall be binding on and benefit the parties, as well as their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Sale or any of your rights or responsibilities under them, whether directly or indirectly, without first getting our prior written approval, which will not be refused unreasonably.
  • 4.7Complete Agreement: These Terms of Sale and the documents referenced to or incorporated by reference herein constitute the parties’ complete agreement with respect to the subject matter and supersede all prior agreements, discussions, and representations, written or oral, pertaining to it. There are no conditions, representations, guarantees, undertakings, or agreements between the parties, whether direct, indirect, collateral, express or implied, except as stated in these Terms of Sale and the materials referred to or included into these Terms of Sale by reference.
  • 4.8Amendment: You may not change, vary, alter, or supplement these Terms of Service in any manner. We retain the right, at any time and from time to time, to alter, vary, amend, or augment these Terms of Sale. We shall post the most recent version of these Terms of Service on the platform, and any changes will become effective upon posting on the platform or on the date we designate as the “effective date”. Your continued use of the Services following any such modification represents your agreement to be governed by and acceptance of the amended Terms of Sale.
  • 4.9Severability: If any provision of these Terms of Sale is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed from these Terms of Sale, and the remaining provisions will remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not materially affected to both parties.
  • 4.10Unforeseen Circumstances: Neither party shall be liable for any loss or damage, or for any delay or failure in performance, caused by events beyond its reasonable control (including acts of God, legislative, judicial, or regulatory acts of any provincial or federal government, court, or regulatory body, acts of any of our subcontractors or third-party providers of products or services to us, including labour disruptions, blackouts, and embargoes).
  • 4.11No Waiver: Any waiver by us of any of these Terms of Sale provisions will not constitute a waiver of any other term (whether similar or not), nor will any such waiver represent a continuous waiver of that specific provision, unless expressly provided for in writing by us.
  • 4.12Communications: You may reach us via email or social media.
  • 4.13Survival: All terms that expressly or by their nature survive will be preserved in the event that your participation in the platform is suspended or terminated.