Terms of Service of Metrash

Metrash Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

The following Terms of Use govern your use and access of the Platform (defined below) and the use of the Services. By accessing the Platform and/or using the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/or use this Platform or the Services.

By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the "User" or "You") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and / or available via hyperlinks. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, and merchants, contributors of content, information and other materials or services on the Site.

Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.

If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and using the Services..

Use of Services and Access

Guidelines to the use of Platform and/or Services:

You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

Restricted activities: You agree and undertake NOT to:
  • impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
  • use the Platform or Services for illegal purposes;
  • attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
  • post, promote or transmit through the Platform or Services any Prohibited Materials;
  • interfere with another's utilization and enjoyment of the Platform or Services;
  • use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform's data or damage or interfere with the operation of another Customer's computer or mobile device or the Platform or Services;
  • Use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

Availability of Platform and Services

We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to:

  • Monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate;
  • prevent or restrict access of any Customer to the Platform and/or the Services;
  • report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
  • to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
  • interfere with another's utilization and enjoyment of the Platform or Services;

Privacy Policy: Your use of the Services and/or access to the Platform is also subject to the Privacy Policy as set out here.

Terms & Conditions of Sale: Purchases of any Product would be subject to the Terms and Condition in Sale.

2Additional terms: In addition to these Terms of Use, the use of specific aspects of the Materials and Services, more comprehensive or updated versions of the Materials offered by us or our designated sub-contractors, may be subject to additional terms and conditions, which will apply in full force and effect.

Use of Services

Application of this Clause: In addition to all other terms and conditions of these Terms of Use, the provisions in this the additional specific terms and conditions governing your use of the Services.

Restrictions: Use of the Services is limited to authorize Customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services may not use the Services even if they satisfy the requirements of this Clause 3.2.

General terms of use: You agree:

  • To access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith;
  • To ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.

Product description: While we endeavor to provide an accurate description of the Products, we do not warrant that such description is accurate, current or free from error.

Prices of Products: All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.

Third Party Vendors: You acknowledge that parties other than Metrash (i.e. Reseller Market) list and sell Products on the Platform. Whether a particular Product is listed for sale on the Platform by Metrash or a Third Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor's Products to a Customer shall be an agreement entered into directly and only between the Third Party Vendor and the Customer.

Metrash Customers Accounts

Username/Password: Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be: (i) determined and issued to you by us; or (ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. You should notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating.

Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:

  • Access to the relevant Platform and/or use of the Services by you; or
  • Information, data or communications posted, transmitted and validly issued by you.

You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorized by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or or access to the Platform referable to your Username and Password.

Intellectual property

Ownership: The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.

Restricted use: No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Permission will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

Trademarks: The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a "hot" link to any other website) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.

  • the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or the Materials;
  • that the Platform, the Services or that any of the Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
  • that the Platform, the Services or the Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
  • the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.

Exclusion of liability: Metrash shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

  • any access, use and/or inability to use the Platform or the Services;
  • Reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
  • any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros;
  • any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

At your own risk: Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is entirely at your own risk and we shall not be liable therefor.

Submissions and Information

Submissions by you: You grant us a non-exclusive licensed to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions"). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove or edit your Submissions.

8Consent to receive e-mails: You give your full, free, and unequivocal consent and authority to the collection, processing and use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails and any and all communications, notices, updates and other information to you,. Your agreement to the provisions shall constitute your consent for the purpose of the provisions of any spam control laws by United Arab Emirates or any GCC Country. You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.

Metrash may, from time to time, be required by government agencies to disclose certain information in connection with any audit or investigation. You understand that we are not required to contest any demand made by an (government) authority for such information.

Privacy Policy: You acknowledge that you have read and agree to the Privacy Policy. And consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.

Termination

Termination by us: In our sole and absolute discretion, we may with immediate effect, upon giving you notice, terminate your use of the Platform and/or Services and/or disable your Username and Password. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Platform.

Termination by you: You may terminate these Terms of Use by giving seven days' notice in writing to us.

Notices

`

Notices from us: All notices or other communications given to you if:

  • communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
  • sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.

Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavor to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.

General

`

Cumulative rights and remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.

No waiver: Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.

Severability: If at any time any provision of these Terms of Use shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms of Use.

Rights of third parties: A person or entity who is not a party to these Terms of Use shall have no right under any legislation in any jurisdiction to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

Amendments: We may by notice through the Platform or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms of Use. Our right to vary these Terms of Use in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms of Use.

Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.

Currency: Money references under these Terms of Use shall be in Unite Arab Emirates Dirhams (AED).

Language: In the event that these Terms of Use is executed or translated in any language other than English ("Foreign Language Version"), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.

Entire agreement: These Terms of Use shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.

Assignment: You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.

Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services' contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.

Terms & Conditions of Sale

`

Purchase of Products

Compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by Metrash (whether as part of use of the Platform or in relation to the purchase of Products, on behalf of Seller), from time to time. Metrash reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

Sellers: Products are sold by "Sellers". Metrash may be a "Seller" for selected Products. "Seller" may also refer to a party other than Metrash (such party referred to in these Terms & Conditions of Sale as a "Third Party Vendor"). Whether a particular Product is listed for sale on the Platform by Metrash or a Third Party Vendor may be stated on the webpage listing that Product. Products sold to you by Sellers will be governed by individual Customer Contracts which

  • for Products sold by Third Party Vendors, shall be agreements entered into directly and only between the Third Party Vendor and you; and
  • for Products sold by Metrash, shall be agreements entered into directly and only between Metrash and you.

Product description: While Seller endeavors to provide an accurate description of the Products, neither Metrash nor Seller warrants that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Terms & Conditions of Sale shall apply.

Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the "Submit Order button. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.

You have the right to cancel your order within twenty-four hours from the time of your order ("Cooling Off Period"). The cancellation must be communicated to Metrash in writing within the Cooling Off Period. Upon the expiration of the Cooling Off Period, all Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated , you may request to cancel or amend the Order which Seller will endeavor to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to cancel or amend any Order. The details regarding the cancellation process and policy of Lazada.

Seller's reservation of rights in respect of Orders: All Orders shall be subject to Seller's acceptance in its sole discretion and each Order accepted by Seller (such accepted Order to be referred to as Metrash confirming your Order, Seller shall not be party to any legally binding agreements or promises made between Seller and you for the sale or other dealings with the Product(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.

Termination by Seller in the event of pricing error: Seller reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Platform, in which event Metrash shall, on behalf of Seller, notify you of such cancellation by giving three days' notice. Seller shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you. Upon termination of the Customer Contract under this clause, the Seller shall refund the payment charged to you for the Product.

Product Warranty: The warranties with respect to a Product ("Product Warranty") sold under a Customer Contract shall be as stated by Seller via the Platform, under the "Specifications" tab in the field "Product Warranty" for the relevant Product, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied.

Customer's acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either Metrash or Seller. You also acknowledge and agree that to the extent allowed under United Arab Emirates law, the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks between the parties and permit Seller to provide the Products at lower fees or prices than Seller otherwise could and you agree that such exclusions on liability are reasonable.

Representations & Warranties: You specifically acknowledge and agree that your use of this site and the services found at this site shall be at your own risk and that this site and the services found at this site are provided "as is", "as available" and "with all faults". Metrash, its officers, directors, employees, agents, and all third party service providers disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Metrash, its officers, directors, employees, and agents make no representations or warranties about (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and/or (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and Metrash assumes no liability or responsibility for the same. In addition, you specifically acknowledge and agree that no oral or written information or advice provided by Metrash, its officers, directors, employees, or agents (including without limitation its call center or customer service representatives), and third party service providers will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to this site or the services found at this site, and users should not rely on any such information or advice. The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site. Respect of any defect in the products arising after the expiry of the applicable Product Warranty, if any.

INTELLECTUAL PROPERTY: Metrash has the right to use, copy, distribute, modify and disclose to third parties any content, trademarks, materials or product images that you upload on the Site (and Seller warrants that it is entitled to grant that licence). This license you grant to us is non-exclusive, fully-paid and royalty-free, sub-licensable, and worldwide. We do not grant any license to you except the Services that we offer.

Delivery of the Products shall be made to the address you specify in your Order either by Seller or by Metrash (or its agents) on behalf of Seller.

Shipping & packing charges: Shipping and packing charges shall be as set out in the Order.

Tracking: You may track the status of the delivery at the "Order Tracking" page of the Platform.

Delivery timeframe: You acknowledge that delivery of the Products is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed Seller will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to Seller. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused.

Customer's failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Seller's fault) then without prejudice to any other right or remedy available to Seller, Seller may terminate the Customer Contract.

Prices of Products

`

Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Seller (through the Platform).

Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.

Payment

`

By supplying your credit or debit card for the payment of the product purchase or service fee, you authorize Metrash to automatically charge your credit card, debit card or prepaid card for charges that apply to your account. Your card will be charged in advance for the following term's service (depending upon the term selected by you when you signed up for the Service).

If the credit card, prepaid card or debit card on file with us has expired, is otherwise invalid or otherwise cannot be processed for any reason, we will attempt to notify you of this fact by email and give you an opportunity to provide us with a valid credit card.

Invoicing: Seller may invoice you upon the due date of any payment under a Customer Contract.

Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.

Refund of Payment:

All refunds shall be made via the original payment mechanism and to the person who made the original payment, except for Cash on Delivery, where refunds will be made via bank transfer or store credit into the individual's bank account provided that complete and accurate bank account details are provided to us.

We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.

All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.

All refunds are conditional upon our acceptance of a valid return of the Product.

We reserve the right to modify the mechanism of processing refunds at any time without notice.

Returns

`

Products sold on the Site are subjected to a return policy that is within 15 (fifteen) calendar days of the date of delivery as long as products are in the original packaging, and original condition when purchased and received except in cases a product is counterfeit or defective and/ or materially different from the one ordered by a purchaser. Our customer support team will arrange return for Seller by arranging a courier pick-up and return, at which point full refund is made to a purchaser. Seller must accept return of an item without fail. In the event of a return not in breach of a Seller obligations under this provision, Metrash will not levy any costs or penalty. Nevertheless, Metrash may levy shipping charges on Sellers if products are returned due to Seller's breach of these Terms or Site Terms. Notwithstanding these Terms, returned products if not accepted by Seller after two attempts by Metrash will be held in Metrash custody for 60 (sixty) days from the date of receipt for Seller to take delivery. After this period, Metrash retains the right to destroy products at its own discretion, and Seller will exhaust rights in the products including any fees, revenues or price.

Repair, replacement or price reduction: As an alternative to returning faulty or damaged Products , Customer may request for a repair or replacement of such Products. Such request shall be irrevocable upon notification of the request to Metrash and the Customer may not later elect for a return. Where the Products have not been repaired or replaced within a reasonable time, Metrash may, at its sole discretion, grant to the Customer a reduction of the price in proportion to the reduced value of the Products, provided that under no circumstance shall such reduction exceed 15 per cent. (15%) of the price of the affected Products. Upon repair, replacement or price reduction being made as aforesaid, the Customer shall have no further claim against Seller.

Replacement Products: When Metrash has provided replacement Products or given the Customer a refund, the non-conforming Products or parts thereof shall become Seller's property and upon request such Products or parts thereof should be shipped back to Seller.

Risk of damage or loss: Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery, or if the Customer wrongfully fails to take delivery of the Products, the time when Seller (via Metrash or Metrash agents) has tendered delivery of the Products.

Questions and complaints

`

If you have any questions or complaints, please contact Metrash using the "Contact Us" page on the Platform. Metrash will liaise with Sellers on your questions and complaints.

Termination

`

Cancellation by you: You may cancel the Customer Contract before Seller dispatches the Products under such Customer Contract by written notice to Metrash at "Contact Us" page on the Platform, If the Products have already been dispatched, you may not cancel the Customer Contract but may only return the products.

Cancellation by Seller: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale, Seller, or Metrash acting on Seller's behalf, may stop any Products in transit, suspend further deliveries to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:

Liability Limit

`

In no event shall Metrash, and (as applicable) Metrash's subsidiaries, officers, directors, employees or Metrash's suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and / or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, Metrash's services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.

Metrash's liability, and (as applicable) the liability of Metrash's subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to Metrash in the 12 months prior to the action giving rise to liability, and (b) US Dollars $100. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

  • the Products under the Customer Contract being unavailable for any reason;
  • the Customer being in breach of an obligation under the Customer Contract;
  • the Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer's winding up or dissolution;
  • the making of an administration order in relation to the Customer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Customer's assets; or
  • the Customer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.

Risk and property of the Goods

`

Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Goods, the time when Metrash has tendered delivery of the Goods.

Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Customer until Metrash has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Metrash to the Customer for which payment is then due.

Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as Metrash fiduciary agent and bailee and shall keep the Goods separate from those of the Customer.

The Customer agrees with Metrash that the Customer shall immediately notify Metrash of any matter from time to time affecting Metrash title to the Goods and the Customer shall provide Metrash with any in-formation relating to the Goods as Metrash may require from time to time.

The Customer shall indemnify Metrash, all of its respective officers, employees, directors, agents and contractors against all loss damages costs expenses and legal fees incurred by the Customer in connection with the assertion and enforcement of Metrash rights under this condition.

Limitation of liability

`

Sole remedies of customer: The remedies set out in Clause 6 are the Customer's sole and exclusive remedies for non-conformity of or defects in the products.

Maximum Liability: Notwithstanding any other provision of these terms & conditions of sale, Seller's maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each customer contract, will not exceed the sums that you have paid to Seller under such customer contract.

1Exclusion of liability: Metrash indemnitees shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (i) amounts due from other users of the platform in connection with the purchase of any product; (ii) the sale of the products to you, or its use or resale by you; and (iii) any defect arising from fair wear and tear, wilful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the products or failure to comply with Seller's instructions on the use of the products (whether oral or written).

General

`

References to "Metrash": References to "Metrash" in these Terms and Conditions of Sale apply both to Metrash actions on its own behalf as Seller and/or as the operator of the Platform or as the agent of Third Party Vendors as Sellers in respect of each and every Customer Contract.

Right to subcontract: Third Party Vendors or Sellers shall be entitled to delegate and/or subcontract any rights or obligations under these Terms & Conditions of Sale to Metrash or any of Metrash designated service providers, subcontractors and/or agents.

Cumulative rights and remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale and Seller's rights and remedies under these Terms & Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under these Terms & Conditions of Sale, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale or at law or in equity) operate so as to hinder or prevent Seller's exercise of any other such right or remedy as at law or in equity.

Warranties: Metrash, Metrash subsidiaries, officers, directors, employees, and Metrash suppliers provide Metrash web site and services "as is" and without any warranty or condition, express, implied or statutory. Metrash, Metrash subsidiaries, officers, directors, employees and Metrash suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from Metrash shall create any warranty. Some countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from country to country.

No waiver: Seller's failure to enforce these Terms & Conditions of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms & Conditions of Sale. Seller would still be entitled to use its rights and remedies in any other situation where you breach these Terms & Conditions of Sale.

Severability: If at any time any provision of these Terms & Conditions of Sale shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms & Conditions of Sale.

Rights of third parties: A person or entity who is not a party to these Terms & Conditions of Sale shall have no right under any legislation in any jurisdiction to enforce any term of these Terms & Conditions of Sale, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms & Conditions of Sale.

Compliance with Local Law : Metrash makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

Amendments: Seller may by notice issued jointly with Metrash through the Platform or by such other method of notification as Seller may designate solely through Metrash (which may include notification by way of e-mail), vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Seller specifies through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms & Conditions of Sale. Seller's right to vary these Terms & Conditions of Sale in the manner aforesaid will be exercised with the joint involvement of Metrash (either via the Portal or such other means as Metrash a prescribes) and subject to the foregoing, may be exercised without the consent of any person or entity who is not a party to these Terms & Conditions of Sale. The version of Terms & Conditions of Sale applicable to any particular Order is the latest version in force.

Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller's part shall be subject to correction without any liability on Seller's part.

Currency: Money references under these Terms & Conditions of Sale shall be in United Arab Emirates Dirhams (AED.)

Language: In the event that these Terms & Conditions of Sale is executed or translated in any language other than English ("Foreign Language Version"), the English language version of these Terms & Conditions of Sale shall govern and shall take precedence over the Foreign Language Version.

Entire agreement: These Terms & Conditions of Sale shall constitute the entire agreement between you and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by Seller or its service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between Seller and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

Subcontracting and delegation: Metrash reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms & Conditions of Sale and reserves the right to use any service providers, subcontractors and/or agents on such terms as Metrash deems appropriate.

Assignment: You may not assign your rights under these Terms & Conditions of Sale without Seller's prior written consent. Seller may assign its rights under these Terms & Conditions of Sale to any third party.

Force Majeure: Neither Metrash nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms & Conditions of Sale (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services' contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Metrash or Seller's reasonable control.