Terms and Conditions
DEFINITIONS & INTERPRETATION. The following terms have the following meanings in these Conditions: a) “Conditions” – these terms and conditions. b) “Contract” – any contract between you and us for the sale and purchase of Goods. c) “Goods” – the goods that we supply. d) “Us”, “we”, “our” and like terms refers to “Easy Stationery Trading”. e) “You”, “we”, “your” and like terms refers to you, the buyer of Goods pursuant to these Conditions. f) “Writing” – includes telex cable facsimile transmission and comparable means of communication. g) References to any statute or statutory provision shall be construed as a reference to that statute or statutory provision as modified, consolidated or re-enacted for the time being in force or to any statute or provision of which the statute or provision is a consolidation or modification and such reference shall include all statutory instruments or orders made pursuant to that statute or provision. h) The headings in these Conditions are for convenience only and shall not affect their interpretation. i) Any words following the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
SITE OPERATION: United Arab Emirates is our Country of Domicile. COMPANY controls this Site from the U.A.E. COMPANY makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.
MULTI-CURRENCY PRICED TRANSACTION, the displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt.
OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES. COMPANY will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific
REPRESENTATIONS BY YOU. By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to COMPANY through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent,
or other personal or proprietary rights. The customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.
PERMITTED USE. You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by COMPANY to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by COMPANY to do so. The content and software on this Site is the property of COMPANY. The cardholder must retain a copy of transaction records and Merchant policies and rules.
YOUR ACCOUNT. If you use COMPANY Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
NO COMMERCIAL USE. This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain COMPANY’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. COMPANY will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
LINKS AND SEARCH RESULTS. The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. COMPANY has no control over these sites or the content within them. COMPANY does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. COMPANY does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against COMPANY for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at email@example.com.
COPYRIGHT POLICY. COMPANY may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defence or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.
You acknowledge and agree that COMPANY will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At COMPANY’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to COMPANY or perfect these rights, titles or interests in COMPANY’s name. DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. COMPANY MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. COMPANY ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF COMPANY WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.
LICENCE GRANTED TO YOU. By providing materials to COMPANY, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted COMPANY an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. COMPANY may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against COMPANY for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to COMPANY. Any communication or materials you send to COMPANY will be treated as non- confidential and non-proprietary and may be disseminated or used by COMPANY for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
ADVERTISING. The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. COMPANY is not responsible for the acts or omissions of any advertiser or sponsor.
All descriptions and illustrations and advertisements in our catalogues, website or other marketing material are intended merely to present a general idea of the Goods described therein and nothing contained in any of them shall form part of any Contract
REPRESENTATIVE/AGENTS. Our employees and agents are not authorised to make any representations concerning the Goods unless confirmed by us in writing and in entering into any Contract you acknowledge that you do not rely on and waive any claim for breach of any such representations which are not so confirmed. Nothing in this clause will exclude or limit our liability for fraud or fraudulent misrepresentation.
Any advice given or recommendation given by us or our employees or agents to you or your employees or agents as to the storage application or use of the Goods which is not confirmed in writing by us is followed or acted upon entirely at your risk and we shall not be liable for any such advice or recommendation which is not so confirmed.
ORDERS. Each order placed by you shall constitute an offer to purchase Goods pursuant to these Conditions. We have full discretion in accepting or rejecting your order. No Contract shall be formed between us until we inform you that your order is accepted. Our acknowledgement of your order does not constitute acceptance of your order. You are responsible for ensuring the accuracy of the order. You agree that where we become unable after your order to supply the specific Goods that you have ordered we may provide different Goods provided that such Goods are substitutable and of similar quality.
PRICE. The price of the Goods shall be prices shown i) in the catalogue less the buyer’s discount (if applicable) or ii) on our valid special prices list or iii) the price advised to you (as the case may be). All prices are shown inclusive of any applicable VAT. We reserve the right to increase the price of the Goods at any time before delivery to reflect any increase in the cost to us which is due to any factor beyond our control or any change in the delivery dates quantities or specifications for the Goods which is requested by you. Our delivery charges, where payable by you will be advised to you prior to submission of your order (where possible) and in any event before we accept your order.
DELIEVERY. We will deliver to the address provided when you place your order. We will endeavour to deliver the Goods within a reasonable time, but will not be liable for any loss or damage caused by delay in the delivery of the Goods, nor will any such
delay entitle you to cancel any Contract. Any dates quoted for delivery shall be of no contractual effect. Where we have agreed in advance to deliver the Goods by instalments, each delivery shall constitute a separate contract and failure by us to deliver on time shall not entitle you to cancel any Contract as a whole. You must make all arrangements to take delivery of Goods when they are tendered for delivery. We reserve the right to claim for all loss incurred or suffered resulting from non-delivery or non-collection which is caused by your failure to take delivery of the Goods when they are tendered for delivery. You will be deemed to have given authority to accept Goods on your behalf to any person who accepts delivery when Goods are delivered. Signature on the delivery note shall constitute your satisfaction with and acceptance of Goods.
TITLE. Where payment for the Goods is not made in full at the time the order is submitted by you: a) Notwithstanding delivery of the Goods and passing of risk, title to the Goods will not pass to you until payment of the full price for the Goods and all other sums due under any Contract have been paid in full. b) If the Goods are sold to a third party before payment has been made to us the proceeds shall be held by you on trust for us pending payment.
Until payment you must insure the Goods and store them separately, clearly identifying them as our property. At any time after the price for the Goods or any other sum owing to us has become due enter your premises and recover the Goods. You hereby give us authority for us to enter onto your premises for that purpose. Notwithstanding that title has not passed to you we shall be entitled to sue for the full price for the Goods.
CANCELLATION. You may not cancel any Contract after submission of the order. We reserve the right to cancel any Contract prior to delivery if: i) we have insufficient stock to deliver the Goods ordered; or ii) we do not deliver to your area; or iii) one or more of the Goods ordered was listed at an incorrect price due to a typographical error or any other error; or iv) you have failed to pay for Goods in accordance with these Conditions or have been in breach of any other of these Conditions (either in respect of that Contract or any other Contract); or v) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with your winding up (being a company); or an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over you (being a company); or the holder of a qualifying floating charge over your assets has become entitled to appoint or has appointed an administrative receiver; or a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets; or you (being an individual) is the subject of a bankruptcy petition or order.
If we cancel a Contract pursuant to cancellation condition (i), (ii), or (iii) in above CANCELLATION paragraph, we will notify you by email and credit any monies owing to you as soon as possible within 30 days of acceptance of your order. Where either Condition pursuant to cancellation condition (iv), or (v) in above CANCELLATION paragraph, where we have delivered Goods which have not been paid, payment for Goods shall be immediately due and payable notwithstanding any previous agreement or arrangement to the contrary. We will not be liable to pay any additional compensation for any loss suffered by you as a result of any cancellation.
WARRANTIES AND LIABILITY. We warrant that the Goods will correspond to the description given by us (subject as provided in these Conditions) and will be of satisfactory quality within the meaning of the Federal Law Number 5 of 1985 on the Civil Transactions Law of the United Arab Emirates (UAE Civil Code) and other laws applicable within UAE. We shall not be liable for a breach of any of the warranties or otherwise for any defect, unsuitability or safety or otherwise of the Goods supplied for the intended purpose of the Goods (i) where the Goods are manufactured, altered or modified in accordance with your instructions or according to drawings or design or specification supplied by you or on your behalf or (ii) any defect arising from fair wear and tear wilful damage negligence abnormal working conditions failure to follow our instructions (whether oral or in writing) misuse or alteration or repair of the Goods without our approval. Subject as expressly provided in these Conditions all warranties conditions terms and liabilities express or implied by statute or common law are excluded to the fullest extent permitted by law. We shall not be liable to you in respect of the supply of Goods or their use or resale for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever. Our entire liability under or in connection with any Contract shall not exceed the price of Goods to which that Contract relates, except as expressly provided by these Conditions. Nothing in these Conditions excludes or limits our liability in respect of death or personal injury caused by our negligence or for liability for fraud or fraudulent misrepresentation.
FORCE MAJEURE. We shall not be liable to you or be deemed to be in breach of these Conditions by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure is due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control: i) Act of God explosion flood tempest or other natural disaster; or ii) fire, explosion or accidental damage; or iii) war or threat of war sabotage insurrection terrorist attack civil disturbance civil commotion riot or requisition; or iv) act restriction regulations bye-laws prohibitions or measures of any kind on the part of the governmental parliamentary or local authority; or
- v) import or export regulations or embargoes; or vi) strikes lockouts or other industrial actions or trade disputes (whether involving our employees or a third party); or vii) difficulties in obtaining raw materials, labour, fuel parts or machinery; or viii) power failure or breakdown or failure of plant machinery, machinery, computers or vehicles. In these circumstances we shall be entitled to a reasonable extension of time for performing our obligations.
GENERAL. Unless otherwise expressly stated in these Conditions, all notices from you to us must be in writing and sent to our contact address which can be found on our website. Notices given to you under these Conditions shall be sent to you at the contact details provided when your order was placed. A person who is not a party to a Contract has no rights under the Contracts as per the UAE Civil Code (which is similar to provision of UK Rights of Third Parties – 1999) to enforce any term of a Contract. These Conditions set out the whole of our agreement between us relating to the supply of the Goods or otherwise. You confirm that you shall have no remedy in respect of any breach of representation or warranty that is not set out in these Conditions. Nothing in these Conditions excludes or limits our liability for fraud or fraudulent misrepresentation. No failure or delay by us to exercise any right or remedy shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. You shall not assign any benefit under these Conditions without our prior written consent. All amounts due under any and all Contracts shall be paid in full without any deduction or withholding and you shall not be entitled to claim set-off or counterclaim against us in relation to the payment of the whole or any part of any such amount.
Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.