GENERAL TERMS AND CONDITIONS OF SALE (T&C’s)
UNDERSTANDING THESE T&C’s
When certain words and phrases are used in these T&C’s, they have specific meanings (these are known as ‘defined terms’). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the T&C’s where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
Where we refer to “you” or “your” we mean you, the person ordering the Products (also referred to as the Customer in these T&C’s). We have used headings to help you understand these T&C’s and to easily locate information.
GENERAL
These T&C’s set out the terms under that will govern the sale and distribution of products (the Products) by HAIR AND BEAUTY NETWORK FZE (H&B). Please read these T&C’s carefully as they apply to all customers (the Customers) purchasing any Products sold, marketed or distributed by H&B. Accordingly, placing an order implies the full and unreserved acceptance and adherence by you to these T&C’s to the exclusion of all other documents such as catalogues or flyers issued by H&B, the content of which is only indicative. The photographs illustrating the products in the commercial documentation do not constitute a contractual document and are meant for illustration purposes only. No special conditions or any stipulation to the contrary, except with the express prior written consent of H&B, prevail over these T&C’s. The fact that H&B has not at any time enforced any stipulation of these T&C’s shall not be construed as a waiver of H&B’s right to enforce any of these T&C’s in the future.
For Products delivered within the United Arab Emirates, the Products will be shipped (at your sole cost, expense and risk) from H&B’s warehouse located in Ras Al Khaimah free zone (the Warehouse) to the Customer’s designated location (the Delivery Point) as a door-to-door delivery service. All delivery costs and risk associated with transporting the Products (including the cost of insurance (if any) covering the full cost of the Product) to the Delivery Point shall be charged to the Customer and reflected in the Invoice (defined below). Notwithstanding the door-to- door delivery arrangement offered by H&B, the risk of loss or damage to the Products shall transfer to the Customer immediately upon the Products being loaded onto the delivery vehicle (the Vehicle) at H&B’s warehouse.
For Products delivered outside the United Arab Emirates, H&B will (at your sole cost, expense and risk) arrange for transportation through sea or air freight carriers (the Relevant Carrier) on a door-to-door basis to the Customer’s Delivery Point (in this case being outside the United Arab Emirates). All delivery costs and risk associated with transporting the Products (including the cost of insurance covering the full cost of the Product) to the Delivery Point shall be charged to the Customer and reflected in the Invoice (defined below). The Customer must arrange for any necessary export clearance and bears all risks of loss or damage from the moment the Products depart from the Warehouse. The Customer must also pursue any legal claims against the Relevant Carrier for loss or damage during transit. Upon delivery, the Customer is required to inspect the Products, including opening the packaging, to identify any loss or damage. Any such issues must be reported to the Relevant Carrier and to us immediately to facilitate claims under applicable insurance policies.
Failure to inspect and report damages within one (1) days of the date of delivery may result in the loss of the Customer’s right to make a claim.
In either case described above, title to the Products shall transfer on the date on which you make payment of the Products to H&B.
ORDER
(a) Orders shall become final upon receipt of the deposit amount (the Deposit) specified in the quotation, and/or the order form from H&B (the Order Form). Upon receiving the Deposit, H&B will issue a full tax invoice (the Invoice) in respect of the Order Form. For the purposes of clarity, if H&B receives a purchase order from any Customer, such order shall not be considered confirmed unless the Deposit has been paid in accordance with these T&C’s.
(b) Any cancellation of an order must be requested in writing and such request in writing must be received by H&B no later than twenty-four (24) hours after the Deposit is received. If a cancellation request is not received within this time frame, any cancellation of an order will not be possible. The Customer acknowledges that upon receipt of the Deposit, H&B may immediately process the order, as such any cancellation of the order after a certain time period may not be possible. If H&B receives a cancellation request within the twenty-four (24) hours, the Deposit will be returned to the Customer.
(c) H&B reserves the right to make modifications to the products at any time, as it deems necessary or useful, without any obligation to products previously
modify delivered or on order. H&B may also modify the models described in its prospectuses, catalogues, or other marketing materials without prior notice, provided that such modifications do not materially affect the quality or functionality of the products.
(d) If H&B ceases to work with a brand, it shall not be responsible for any after-sales service related to that brand’s products. H&B does not guarantee the continued availability of fabrics or any goods used in the Products sold, and the Customer acknowledges that changes may occur in product availability.
PRICES
(a) The price of the Products shall be the price set out in the Order Form.
(b) Prices for Products are based on H&B’s current pricing list or specific pricing agreements (which may include certain discounts) reached with the Customer, excluding any applicable taxes. Bulk orders or long-term distribution agreements may qualify for discounted pricing, rebates, or promotional offers, as may be agreed in writing between H&B and the Customer.
(c) For the purposes of clarity, for export deliveries (meaning deliveries outside of the United Arab Emirates), any customs duties, taxes, or other fees imposed by the authorities of the importing country or any country of transit shall be the sole responsibility of Customer.
DELIVERIES
(a) For Products delivered within the United Arab Emirates, the Products will be shipped from H&B’s Warehouse to the Delivery Point as a door-to-door delivery service. All delivery costs and expenses (including risk and costs relating to insurance) associated with transporting the Products to the Delivery Point shall be charged to the Customer and reflected in the Invoice. Notwithstanding the door- to-door delivery arrangement offered by H&B, the risk of loss or damage to the Products shall or transfer to the Customer immediately upon the Products being loaded onto the Vehicle at H&B’s warehouse. The Customer must inspect the quantity and quality of the Products upon arrival of the delivery in each case. In the event of any damage discrepancies, the Customer is required to document the findings and confirm their reservations in writing (specifying the details of the damage) to H&B within forty- eight (48) hours of receipt of the Products, failing which the Product is deemed accepted without any damage or discrepancy.
(b) For Products delivered outside the United Arab Emirates, H&B will (at your sole cost, expense and risk) arrange for transportation through the Relevant Carrier on a door-to- door basis to the Customer’s Delivery Point (in this case being outside the United Arab Emirates). All delivery costs and risks associated with transporting the Products (including the cost of insurance covering the full cost of the Product) to the Delivery Point shall be charged to the Customer and reflected in the Invoice. The Customer must arrange for any necessary export clearance and bears all risks of loss or damage from the moment the Products depart from the Warehouse. The Customer must also pursue any legal claims against the Relevant Carrier for loss or damage during transit. The Customer must inspect the quantity and quality of the Products upon arrival of the delivery in each case. In the event of any damage or discrepancies, the Customer is required to document the findings and confirm their reservations in writing (specifying the details of the damage) to the Relevant Carrier within forty-eight (48) hours of receipt of the Products, or within such time frame as may be specified by the Relevant Carrier. Furthermore, the Customer must pursue any legal claims against carriers for loss or damage incurred during transit.
STORAGE FEE
(a) H&B will store the Products ordered for a maximum period of six (6) months from the date the Deposit is paid. After this period, storage costs will be charged at a rate of 1% of the net order value (excluding transport) per month. Storage fees will be applied for any partial month. The Products ordered will only be released for delivery once the full balance of the invoice, including any applicable storage fees, has been paid in full.
BILLING AND PAYMENT
(a) H&B will issue an Invoice for each Order Form which is issued, which shall account for the entire amount or price of the Products, by subtracting any Deposit received.
(b) Unless otherwise agreed in writing between H&B and the Customer, all invoices are due and payable upon receipt and in any case, within five (5) days from the date of the Invoice. In the event of delayed payment, H&B reserves the right to suspend any pending or future deliveries until full payment is received. Any overdue payments will be subject to late fees (the Late Fees) calculated at the rate of one percent (1)% of the total amount of the Products purchased (excluding VAT) for each week during which the Invoice has not been paid. For the purposes of clarity, partial payment of the Invoice shall not constitute as payment or settlement of the Invoice. Further, if the Customer issues a cheque towards the payment of an Invoice and such cheque bounces, an additional fee of AED one thousand (1000) shall apply.
(c) The Customer is responsible for verifying the accuracy of the Invoice upon receipt. Any discrepancies or disputes regarding the Invoice must be communicated to H&B in writing within seven (7) days from the date of the Invoice. Failure to raise any objections within this period shall be deemed acceptance of the Invoice by the Customer.
(d) In the event of any dispute regarding the Invoice, the Customer is obligated to pay the undisputed portion of the Invoice by the respective due date while any pending dispute is resolved. Any dispute shall not entitle the Customer to withhold payment of any other amounts due to H&B.
(e) In the circumstances where the entire amount of the Invoice has been settled but the delivery of the Products to the Customer does not take place (due to factors attributable to the Customer), as iterated in the T&C’s above, H&B will not store the Products beyond a period of six (6) months. For the purposes of clarity, H&B will also not be obligated to refund any amounts to the Customer, as the Customer acknowledges and agrees that, due to the nature of the products offered by H&B, most furniture items are custom-made or tailored to the specifications Customer’s and therefore, refunds are not feasible. The Customer further acknowledges and agrees that if the Products are not collected or delivered within this six (6) month period, H&B shall be entitled to dispose the Products at its sole discretion, and the Customer shall forfeit any rights to claim or Products or any
amounts. recover the associated
(f) H&B reserves the right to decline orders without liability to you where we believe payments are not authorized, the payment method is not valid or where we do not think you are authorized to use to utilize the relevant tender type.
(g) For all orders, H&B reserves the right to request additional documents, including but not limited to trade license, VAT certificate, and photo identification, to verify the identity of the Customer and ensure compliance with applicable regulations. H&B accepts payments exclusively through cheques, cash, or bank transfers. Payment by credit card, debit card, or similar methods is not available. H&B further reserves the right to suspend or terminate the processing of any orders if the required documents are not provided or if there are concerns about the authenticity or validity of the information provided.
TIME LIMITS
(a) H&B will process accepted orders based on product availability. H&B reserves the right to process and deliver orders in whole or in part. H&B will make reasonable efforts to meet the delivery dates and times requested by the Customer for all regularly accepted orders.
(b) However, all delivery dates and times provided by H&B are estimates and are not guaranteed. Accordingly, any delay in delivery shall not entitle the Customer to claim damages, withhold payments, or cancel orders that are in progress.
(c) In any event, delivery of the Products within the specified time frame is contingent upon the Customer fulfilling all of its obligations towards H&B, including but not limited to timely payment and provision of necessary information or approvals (as may be required).
FORCE MAJEURE
(a) H&B shall not be held liable for any non-performance, misuse of the Products, or improper performance of the contract of sale resulting from actions or omissions of the Customer, the acts of third parties, or circumstances of force majeure.
For the purposes of this clause, force majeure shall include, but not be limited to, events such as accidents, natural disasters, epidemics and pandemics, shortages of manpower or raw materials, strikes, wars, or other political events that are beyond H&B’s reasonable control. In the event of a force majeure occurrence, H&B shall be entitled to suspend or terminate its obligations under the contract, extend production or delivery timelines, and no compensation shall be owed to the Customer.
(b) H&B shall notify the Customer promptly of any occurrence of force majeure and its potential impact on the production or delivery of the Products.
RETURNS OF DAMAGED PRODUCTS
(a) Any return of Products must be subject to a formal agreement with H&B. In cases where a return has been approved by H&B, the Customer shall transport the Products back to H&B at their own expense. Products returned without prior written agreement with H&B shall remain the property of the Customer and shall not give rise to any claims for credit, refunds, or the establishment of an asset. The costs and risks associated with the return shall be borne solely by the Customer, following qualitative and quantitative verification of the returned products. H&B does not generally accept returns, refunds, or credit notes, particularly as most furniture items are custom-made.
(b) The Customer acknowledges and agrees that, due to the nature of the products offered by H&B, specifically that most furniture items are custom-made or tailored to the Customer’s specifications, returns are not feasible. The Customer understands that once the order is confirmed and production has commenced, the ability to return the products is severely limited. The Customer accepts that custom-made products are non- returnable and non-refundable, and therefore agrees not to seek returns, refunds, or credit notes for such items.
(c) All Products which have been delivered to the Customers are carefully inspected and packaged before delivery. In the unlikely event that the Products which are received by the Customer are damaged or faulty on arrival, for reasons attributable to H&B and not the carrier, the Customer is required to file a written compliant with H&B (accompanied by the Invoice and the relevant delivery slip) within two (2) days of receiving the Products, and may be entitled to obtain free replacement or reimbursement of the specific Products at the option of H&B, to the exclusion of any compensation or damages. If reports are not made within the two (2) day period prescribed above, then the Products shall be deemed to be accepted.
MANUFACTURING WARRANTIES
The Products ordered from H&B are not manufactured by H&B. The Customer acknowledges that H&B is not related to the manufacturer of the Products and is not responsible for the acts of such manufacturers. As such, the Products are being supplied by H&B to the Customer based on the warranties received from various manufacturers (from time to time, as may be the case) and all such warranties and benefits thereof shall be passed to the Customer without any liability or obligation on H&B. To the extent legally permissible, all
warranties or confirmations whether express or implied regarding quality are expressly excluded except to the extent specifically mentioned in these T&C’s. H&B shall not be involved in the warranty claim process and the Customer shall deal with the manufacturer directly. In this regard, H&B will provide information with respect to the manufacturer to the Customer.
LIMITATION OF LIABILITY
(a) To the fullest extent permissible under applicable law, H&B disclaims any and all warranties of any kind, whether express or implied, in relation to the Products. H&B will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations fraudulent (other than or negligent misrepresentations) or otherwise out of or in connection with these T&C’s for:
(i) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(ii) any loss of goodwill or reputation; or
(iii) any special or indirect losses; or
(iv) suffered or incurred by that party arising out of or in connection with the provisions of any matter under these T&C’s.
Nothing in these T& C’s shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.
LEGAL GUARANTEES
(a) All Products sold by H&B come with a one (1) year compliance guarantee against manufacturing defects. This warranty begins on the date of the delivery of the Products to the Customer. As described above, the warranty being provided is the warranty that is passed on from the manufacturer and as such H&B has no liability in this regard (including in case the manufacturer fails to honour its warranty obligations).
(b) This warranty will, at the discretion of H&B and based on the feedback received from the manufacturer, either permit the Customer to be able to obtain a free replacement or repair of any part of the Product, or the entire Product itself, which is deemed defective by H&B. Replacement or repair will be provided by the manufacturer in each case, and H&B will liaise with the manufacturer and the Customer in each case.
(c) Any warranty provided by the manufacturer or H&B, does not cover defects or deterioration caused by:
(i) normal use or natural wear and tear;
(ii) accidental damage or external incidents, including improper installation, poor maintenance, or abnormal use;
(iii) use of the Product by the Customer after notification to H&B that such Product is defective; or
(iv) modifications to the Product, carried out by the Customer.
(d) For any such warranty claims to be processed, H&B requires the Customer to present the original Invoice or guarantee certificate (if applicable to the Product).
DATA PROTECTION
(a) We are commited to protecting the personal information of our Customers in accordance with the applicable data protection laws in the United Arab Emirates. Any personal data collected during the course of our business will be used solely for legitimate business purposes, including order processing, customer service, and marketing communications, with the Customer’s consent where required.
(b) We implement technical and appropriate organizational measures to ensure the security and confidentiality of personal data. We do not share or disclose your personal data to third parties without your explicit consent unless required by applicable law.
GOVERNING LAW AND JURISDICTION
(a) These T&C’s, each Order Form and Invoice are governed by the federal laws of the United Arab Emirates and the laws of the Emirate of Dubai and all disputes arising here under are subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.
(b) In the event H&B is required to take any legal action or proceeding to recover or enforce payment, arising out of or in connection with these T&C’s, the Customer agrees to pay all attorney fees, court costs, and any other legal expenses incurred by H&B.
