Buyer terms and conditions
Introduction: Welcome to AywaCart.com these terms and conditions (the Site Terms) set out how you may use our services, domains, sites. Before you may become or continue as a member of the Site, you must read, agree this agreement and is effective upon acceptance. By agreeing these terms and conditions (including linked information herein) by using the site, by purchasing or selling products on the site, you consent to follow and bound by these terms and conditions any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. Kindly do not access, register with us, or use this Site if you do not accept to follow these Terms and Conditions.
Eligibility: By using the Site and accepting our Terms and Conditions, you acknowledge that you are at least 18 years of age before you became a member of the Site and all members should be able to form legally binding contracts. AywaCart.com should believe that member to be above the age of 18 years if we find below the age we reserve the right to limit or withdraw access to the Site for any member. If you are registering as a business, you acknowledge that you have the authority to bind that entity by these Terms and Conditions and that you and the business entity will comply with all applicable laws relating to online trading.
Use of the Site: You also acknowledge and consent never to conduct any of the following activities:
- By using the Site or any of its features and services, you acknowledge, represent, warrant, and consent to comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Site. Violate any laws, rules, regulations, guidelines, third party rights or our policies
- Harm our systems. You agree not to interfere with or try to disrupt the Site or the interests or property of the Site’s users by doing activities such as, but not limited to, distributing a virus or other harmful computer code, unsolicited or bulk electronic communications, chain letters, and pyramid schemes.
- Create liability for us or cause us to lose (in whole or in part) our services or the services of other suppliers
- Abuse AywaCart.com’s policies or terms and conditions posted on the Site
- post Information or content or list items in an inappropriate category or areas on our Site
- post counterfeit or stolen items, or items which infringe any third party's intellectual property rights, other proprietary rights or right to privacy
- post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent:
- post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way
- you will not disclose your contact details including but not limited to phone numbers, addresses, or email addresses in the bidding, buying or listing processes, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature of the Site intended to bypass use of AywaCart.com
Communications: When you use AywaCart.com, You agree that we may communicate with you by email or by posting notices on the Site or to receive communications from us electronically including, but not limited to, emails, texts messages, messages on and through the Site. You can retain copies of these communications for your records and you agree that all legal documents and communication that we provide to you electronically satisfy any legal requirement that such communications be in writing. Requires agreement during the registration process to send you promotional emails that let you know about new changes, features, or promotions on the Site. If at any time you decide you do not wish to receive such promotional emails, you can opt out of receiving such emails by clicking on the link at the bottom of any promotional email sent by us.
Payment: AywaCart.com currently offers COD (“Cash on Delivery an amount not exceeding AED 5000”) payments, or any other payment methods Credit/Debit cards made available on the Site, via your wallet and PayPal. However, Cash on Delivery option is only applicable within United Arab Emirates. In order to protect the website visitors to the best of our knowledge, we implement several security policies and certificates. These layers of protection could be by-passed if the user's computer is/was infected with a virus or malicious software. AywaCart.com or its associated partners and employees cannot be held responsible in such a scenario or circumstance. AywaCart.com reserves the right to refuse a delivery or honor an order from a Customer who has not paid part or the totality of a previous order or with whom a litigious dispute is in progress. AywaCart.com also reserves the right to take any necessary steps including legal action in case of outstanding or non-payment of fees by you.
Fees and Services: The Site is an online platform allowing for the sale and purchase of items between end-user sellers and buyers. Membership on the Site is free. Does not charge any fee for browsing, bidding and buying listed items on the Site. AywaCart.com charges transaction fees to all sellers when their item is successfully sold on the Site.
AywaCart.com may choose to temporarily change the fees for our services for promotional events (for example, free shipping days) or new services, and such temporary changes are effective in accordance with their terms when we post them on the Site.
AywaCart.com take any steps if considers necessary, including without limitation legal action for recovery of the outstanding fees and/or any applicable taxes and charges.
Placing An Order
Placing an order can be done from the website. You have to be sure that personal data is correct and updated. AywaCart.com suggests the Customer to proof-read his/her form several times before validating an order. AywaCart.com is neither responsible for sending e-mails to the wrong e-mail address nor for sending parcels to the wrong delivery address if you registered incorrectly. Delivery cost/ Date will be displayed on the site. Title to 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
- 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 minimize 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
you can expect your order to be processed within approximately 24-48 hours, provided the items are in stock and there are no problems with payment verification. AywaCart.com does not guarantee same day-shipping. Orders are not processed on weekends and holidays.
Order Acceptance Policy"
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.AywaCart.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verification or information before accepting any order.
Order Acknowledgement: We will keep you informed of your order status via e-mail. All tracking information will be emailed, once your order has processed or changed status. You may also acquire your order status and other live updates by logging in to your account on our Web site.
Free Shipping: For orders above 150AED in UAE, and orders less than 10 KG, we provide FREE shipping.
International: All other Market’s shipping rates are calculated on proprietary AywaCart.com best rates with our preferred couriers of DHL, Fedex, Aramex, and UPS. Exact shipping cost is calculated at the CHEKOUT page and the rates are calculated based upon the place & weight of the product being shipped. You will see the exact cost before you checkout.
Non-returnable Products: You do not have a right to return, replace or exchange products in respect of:
- products that are classified as hazardous materials or use flammable liquids or gases;
- If the item is mascara, eyeliner, nail polish, lip gloss hair care products (shampoo, serum, conditioner, masks, gel), eye lashes, eye lenses and eye serums, then the item is not eligible for return.
- Products that have been used or damaged by you or are not in the same condition as you received them;
- Any consumable product which has been used or installed;
- Products with tampered or missing serial numbers;
- Products that fall under specific categories, personal beauty care products
Change / Cancel Orders: You may request a change/ Cancel your order provided the order has not already been charged to your account. Please call us during operation hours to request a change/ cancel your order. Please have your order No# ready for better assistance. We strongly discourage sending requests via email because it is unlikely we will receive the message in time to make an adjustment due to the more volume of emails we receive each day.
Return: In case the returned item is due to the seller’s fault, and the buyer claimed to return it within 15 days of receiving the item, then the seller will be responsible for the delivery and return shipment fees. If the buyer in such a case claimed an item for return after the 15 days of the date of delivery and the return request is approved, then the buyer will pay the delivery shipment and the return shipment fees.
Your Refund: For delivered products, we will refund to you the product amount (excluding the amount paid for the original shipping fees) in full plus the cost of return:
- if the products are faulty or not as described on our Site; or
- if you reason for return is due to an error on our side, such as an error in pricing or description, a delay in delivery etc.
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.
For products not delivered, you will receive a full refund if you cancel the order
Refund Procedure: We will issue a refund to you depending on the method you used for payment, as follows:
- if you paid by cash on delivery, we will issue a refund to your wallet; or
- if you paid by credit/debit card, PayPal, we will issue a refund to your wallet, and you can make a request to withdraw the amount to your bank account.
Refund Timescale. Your refund will be initiated within 15 days, after your product has been received back in our customer fulfillment center and inspected by our team, and then the final refund will be received to your wallet
- If the payment paid by cash, credit/debit card, and PayPal refunded to your wallet within 15 days after the inspection.
- If you have cancelled your order before shipping, an automated refund will be provided back to you.
Return requests should be made within 15 (Fifteen) days from receiving the item.
Item should be in the same condition you received it. If you use or damage it, it can no longer be returned. In case you ordered a product and requested a return and the product was found to be damaged, you will bear all delivery and return fees associated with this product.
If the defective product can be covered under the manufacturer’s warranty, then the item cannot be refunded. Instead, you can arrange to get the item fixed or replaced
The item should not be tampered with and should not have missing serial numbers; otherwise it will no longer be qualified for a refund. Make sure the package has no missing items, including price tags, labels, original packing, freebies, and accessories.
No Warranty: All information, content, materials, products, and services included on or otherwise made available to you through the Site are provided by AywaCart.com on an “as is” and “as available” basis, unless otherwise stated in writing. AywaCart.com makes no representation, endorsements, or warranties of any kind express or implied, as to the accuracy, reliability, or completeness of any content on the Site or the operation of the Site or the information, content, materials, products, and services included on or otherwise made available through the site unless otherwise specified in writing. You expressly agree that your use of the Site is at your own risk and that AywaCart.com has no obligation to offer support for the Site.
Buyer Protection: AywaCart.com has a Buyer Protection; this guarantee is offered by AywaCart.com to ensure buyers that their purchase is protected against fraud by any seller on the Site, Who receive full or partial refunds if the item is not as described by the Seller or if they don’t receive their item.
If a buyer has purchased an item through site and never received it or received an item worth significantly less in value compared to what was described by the seller, the buyer will be reimbursed by AywaCart.com the value of the item only. To be eligible for a buyer protection, the buyer needs to file a complaint with AywaCart.com within 48 hours of the initial date of delivery if the item hasn’t been received, or within 48 hours from the effective receiving date of the relevant item. AywaCart.com will investigate the matter and if it has been determined (in its sole discretion) that the seller has intentionally defrauded the buyer in relation to the item for which AywaCart.com has reimbursed the buyer, AywaCart.com may limit, suspend or withdraw the seller’s access to the Site and/or the seller’s membership and AywaCart.com will charge the seller for AywaCart.com costs in reimbursing the buyer and for any handling and shipping. AywaCart.com reserves the right to take such further steps as it considers necessary, including, but not limited to, legal action. You acknowledge and agree that if any item returned to AywaCart.com by a buyer is fraudulent or unlawful, then AywaCart.com may in its sole discretion destroy the item or take any other steps as it considers necessary.
DISPUTES: If you are not satisfied with any products that you have purchased using our Site, you should contact us through email or by calling our call center. If you have any dispute, claim, controversy arises out of or in connection with or in relation to this User Agreement then the parties shall first attempt politely to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute. If you unable to solve the dispute claim, Including any non-contractual rights or obligations arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Abu Dhabi Commercial Conciliation and 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 Abu Dhabi Commercial Conciliation and Arbitration Centre. The language to be used in the arbitration shall be English.
LIABILITY: In all circumstances AywaCart.com’s maximum liability is limited to the purchase price of the products sold. In no event shall AywaCart.com be liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any seller, for any personal injuries, death, damage, or losses of profit, goodwill, data, information, and other intangible losses resulting from a direct or indirect connection with your use of the Site, or costs resulting therefrom. You acknowledge and agree that you are fully responsible for your use of the Site. If you are dissatisfied with the Site or services or any content or materials on it, your sole exclusive remedy is to discontinue your use of it.
Notice and Relationship: AywaCart.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to AywaCart.com
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and AywaCart.com and you shall have no authority to bind AywaCart.com in any manner whatsoever.
Indemnity: You agree to indemnify, defend, and hold harmless AywaCart.com and its stakeholders (owners, employers, investors, users, buyers, partners, and other sellers) from and against any and all losses, claims, damages, costs, actions, liabilities, and expenses including legal expenses and attorney’s fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Terms & Conditions or your violation of any law or the rights of a third party.
Storage / Security: By registering and creating an account on the Site, you consent to the transfer of your Personal Data to, and its storage on, our servers. We hold your Personal Data on our servers. We take every precaution and encrypt all your Personal Data to safeguard your personal information from unauthorized access, use, or disclosure. AywaCart.com will take all reasonable precautions to ensure the security of any payment details included in your order nevertheless, barring direct negligence on our part, we cannot be held liable for any losses incurred as a result of unauthorized access to information you may provide. If you have any queries or issues regarding security at AywaCart.com please contact firstname.lastname@example.org.
Typographical: Errors AywaCart.com strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our Website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our Web site is labeled with an incorrect price due to some typographical, informational, technical or other error, AywaCart.com shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information.
Additionally, all hyperlinks to other Web sites from AywaCart.com are provided as resources to customers looking for additional information and/or professional opinion. AywaCart.com does not assume responsibility for the claims and/or representations made on these or any other Web sites.
Changing of Prices: AywaCart.com prices are subject to modification at any time. Prices may also vary due to a new arrival, a promotional offer or sale Discount. Prices of items that are available for an order are valid during its promotional period. We reserve the right to update prices displayed on the website from time to time and once updated, they cannot be claimed against an order that has already been confirmed or delivered.
Breach of User Agreement: Under this user agreement, if you breach these site Terms & Conditions, AywaCart.com immediately and without liability: limit your activity, end your listing, temporarily suspend, terminate your membership on the Site indefinitely or temporarily, and/or limit or withdraw your access to the Site. AywaCart.com may at any time and in its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register or use the Site in any manner Notwithstanding the foregoing, if you breach these Terms & Conditions AywaCart.com reserves the right to recover any amounts due and owing by you to AywaCart.com or any losses and damages caused by you to AywaCart.com and to take such steps, including legal action and/or the initiation of criminal proceedings against you, as AywaCart.com in its sole discretion deems necessary.
Providing Feedback: AywaCart.com encourages buyers and sellers on the Site can provide feedback on each other’s conduct after a transaction has closed. Your feedback will be displayed along with your user ID on the Site. You cannot withdraw the feedback once you have posted it on the Site. AywaCart.com will not be liable for the feedback that you post on the Site. You agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comment. You further agree not to post feedback in order to solicit sales outside of the Site and not to display contact information of any person within any feedback. If you continuously receive negative feedback ratings, AywaCart.com reserves the right to suspend, limit or withdraw your access to the Site and/or your membership of the Site. You acknowledge and agree that you shall not market or export your AywaCart.com feedback rating to any third party other than on the Site.
Warranties: Warranties for products offered on AywaCart.com are covered directly by the supplier. If the product is covered by warranty, it will be mentioned in the description of the item on AywaCart.com and warranty conditions will apply according to the suppliers warranty terms and conditions.
The Site is only a platform where users may interact with one another for their transactions. The Site is not and cannot be a party to or control in any manner any transaction between two users of the Site. The Site does not provide any guarantee that a buyer or seller will complete a transaction or accept the return of an item or provide any refund for the same. You will not hold AywaCart.com responsible for other users’ content, actions, or inactions, or items or information they list or post.
Copyright: The entire content included in this site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of AywaCart.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of AywaCart.com and protected by copyright, trademarks, patents or other intellectual property rights and laws
Trademarks: The name AywaCart.com and the other AywaCart.com phrases, logos, and related designs that we use in connection with our services are either registered or unregistered trademarks of AywaCart.com and are protected by international trademark and other intellectual property rights and laws. AywaCart.com trademarks may not be used in connection with any product or service that is not owned by AywaCart.com or in any manner that may harm AywaCart.com. All other trademarks not owned by AywaCart.com that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AywaCart.com.
ADVERTISING: AywaCart.com 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 material submitted for inclusion on the site are accurate and comply with all applicable laws. AywaCart.com is not responsible for the acts or omissions of any advertiser or sponsor.
Governing Law: This User Agreement is governed by, and construed in accordance with, UAE law. This clause will survive any expiry or cancellation of this User Agreement for any reason.