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Terms & Conditions

TERMS OF SALE

 

1. INTRODUCTION

1.1 These Terms of Sale set out the terms and conditions on which products are supplied to you as a buyer on www.cahacapo.com (“Site”). The owner and operator of the Site is Caha Capo Trading L.L.C., a limited liability company registered in the United Arab Emirates (“UAE”) under license number 861092, with its office located at Marina Terrace Building, Dubai, United Arab Emirates (“us”, “we” or “our”).

1.2 Please read these terms carefully before you submit your order via the Site. By placing an order on the Site, you are agreeing to be bound by these Terms of Sale with immediate effect.

2. ORDER ACCEPTANCE

2.1 Each product on the Site ordered by you is sold by us.

2.2 Our acceptance of your order will take place when we send you an order confirmation. In case we are unable to accept your order, we will inform you of this in writing and will not charge you for the order.

2.3 By placing an order, you authorise us or our third-party payment processer to process your credit/debit card details for the amount of your order. We accept payment by:
i. credit/debit card;
ii. Apple Pay;

2.4 In order to authorise credit/debit card payments, we may be required to create an account for you with our third-party payment processors, including accepting their standard terms and conditions and submitting your details to them on your behalf. You hereby authorise us to do so and we shall not be liable to you for any damage or loss you may incur as a result.

2.5 We may remove or add cards or other payment methods that we accept at any time without prior notice to you.

2.6 You may cancel your order immediately prior to shipping for any reason.

2.7 We may cancel your order(s) in case:
i. you do not make any payment to us when it is due;
ii. you do not, within a reasonable time of us requesting, provide information that is necessary for us to provide the products; or
iii. you do not, within a reasonable time, allow us or any of our providers to deliver the products to you; or
iv. you attempt to bulk or multi-order purchase in accordance with clause 2.8, below.

2.8 We reserve the right at our sole discretion to reject any orders, where we detect bulk purchasing or multiple units of similar products being purchased.

3. DELIVERY OF YOUR ORDER

3.1 For international deliveries, we may be required to create an account for you with our third-party delivery partner, including accepting their standard terms and conditions and submitting your details to them on your behalf. You hereby authorise us to do so and we shall not be liable to you for any damage or loss you may incur as a result.

3.2 The costs of delivery will be outlined to you when placing your order on the Site.

3.3 Delivery date will be displayed to you on our Site.

3.4 Delays of Delivery:

i. in case our delivery of your order is delayed by an event outside of our control, we shall contact you as soon as possible to inform you and we ensure to take any measures to minimise the effect of the delay;
ii. in case nobody is available at the address provided by you to receive delivery, we shall notify you and rearrange delivery of your order;
iii. in case and despite our reasonable efforts to contact you or re-arrange delivery we will cancel your order.

3.5 We may, at our sole discretion, make any inquiry we deem necessary to verify your identity and/or ownership of your financial instruments by requesting that you provide us with further information or documentation, including, but not limited to requesting a form of identification and/or credit card. If we are unable to verify or authenticate any information you provide, we have the right to refuse delivery and cancel the order.

3.6 Please note that you might be considered the importer of record for overseas deliveries in your country. In such instance, you are required to ensure that your ordered products can be lawfully imported, comply with all laws and regulations and to pay all fees and customs duties relevant to your purchase.

3.7 A 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.

3.8 We will issue an electronic invoice for your purchase and send such invoice to the email address you provided to us.

4. RETURNS

4.1 Our Return Policy can be found here: Returns & Refund Policy

5. WARRANTIES AND REPRESENTATIONS

5.1 you warrant and represent that:

i. you shall fully comply and will at all times continue to fully comply with all applicable laws, statutes and regulations, including, without limitation, all privacy laws and content regulation;
ii. you have full power and authority to enter into these Terms of Sale, and make payment in accordance with these Terms of Sale; and
iii. if you purchase a product on behalf of a business entity, you represent that you are authorised to act on behalf of such business and bind the business to these Terms of Sale.

6. LIABILITY

6.1 Nothing in these Terms of Sale shall limit or exclude a party’s liability:
i. for fraud, including fraudulent misrepresentation, perpetrated by that party;
ii. for death or personal injury caused by the negligence of that party; or
iii. for any other liability that cannot be limited or excluded under applicable law.

6.2 Subject to clause 6.1, in no event will we, our affiliates, officers, agents, employees, suppliers, subcontractors or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in relation to these Terms of Sale for loss of data or information, business interruption or any financial loss or for any special, indirect, incidental or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.
6.3 In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
i. supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it or making payment as required;
ii. reliance by you on the information provided on the Site in relation to the product you order;
iii. delays or disruptions to our Site or our services;
iv. viruses or other malware obtained from the use of the ordered product;

6.4 You agree to indemnify and hold us, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors harmless from and against any losses, damages and expenses, including but not limited to legal fees and attorney’s fees, arising out of or relating to:
i. any claims or demands made by any third party due to or arising out of your use of the Site and ordering our Products;
ii. your violation of any of provisions of these Terms of Sale, including, without limitation, any of the warranties, representations and undertakings; or
iii. your violation of any applicable laws.

7. GENERAL

7.1 Governing Law. These Terms of Use and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of the United Arab Emirates, as applied in Dubai.

7.2 Third Party Rights. A person who is not a party to these Terms of Sale has no right to enforce any of its term.

7.3 Relationship of the Parties. Nothing contained in these Terms of Use will be deemed or construed by the parties to create a partnership, joint venture or agency between the parties. It is understood that the parties will at all times remain independent parties.

7.4 Further Assurances. The parties will do and execute or arrange for the doing and executing of each necessary act, document and anything reasonably within its power to implement and give effect to these Terms of Sale to its full extent, including, without limitation, assisting each other in complying with applicable law.

7.5 Assignment. These Terms of Sale will be binding upon and ensure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Sale or any of your rights or obligations under these Terms of Sale, whether directly or indirectly, without first obtaining our prior written consent, such consent not to be unreasonably withheld.

7.6 Entire Agreement. These Terms of Sale and the documents referred to or incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Sale and the documents referred to or incorporated into these Terms of Sale by reference, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied.

7.7 Amendment. These Terms of Sale cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these Terms of Sale at any time and from time to time.

7.8 Severability. If any provision of these Terms of Sale is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms of Sale and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.

7.9 Force Majeure. Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated, including but not limited to, acts of God, legislative, judicial or regulatory acts of the federal government, court or regulatory authority, acts of any of our suppliers or any third party providers of products to us, labour disruptions, pandemics, blackouts, or embargoes.

7.10 No Waiver. Any waiver by us of any of the provisions of these Terms of Sale will not constitute a waiver of any other provision, nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.

7.11 Survival. All provisions that either expressly or by their nature survive, will survive suspension or termination of your use of the Site.

 

TERMS OF USE

 

Welcome to cahacapo.com (“Site”). The owner and operator of the Site is Caha Capo Trading L.L.C., a limited liability company registered in the United Arab Emirates (“UAE”) under license number 861092, with its office located at Marina Terrace Building, Dubai, United Arab Emirates (“us”, “we” or “our”).

These Terms of Use set out the terms on which we offer you access to and use of our Site and our products (“Products”). You can find all our additional terms here: Privacy Policy (“Terms & Conditions”). These Terms & Conditions are incorporated by reference into these Terms of Use.
By accessing, registering and/or continuing to use or access our Site, you are agreeing to be bound by these Terms of Use and the Terms & Conditions with immediate effect. These Terms of Use and the Terms & Conditions are subject to change by us at any time. Your continued use of the Site following any such change constitutes your agreement to these Terms of Use and Terms & Conditions as so modified.
References in these Terms of Use to “you” are references to you as an individual or legal entity as the case may be.

ABOUT THE SITE

The Site is an e-commerce platform that allows individuals and enterprise entities to purchase products.
We reserve the right to introduce new Products and update or withdraw any of the Products, in our sole discretion, and we will not be liable to you for exercising this discretion.

1. ELIGIBILITY AND REGISTRATION REQUIREMENTS

1.1 You are eligible to register as a buyer and purchase Products if you meet the following criteria:
i. you are above the legal age for purchasing Products in your country of residence; and
ii. you are able to provide an address for delivery of Products.

1.2 In order to register to the Site, you will need to provide us with certain information. Your registration to the Site may not be accepted if you do not provide us with the required information. We reserve the right to decline any registration without further explanation. We reserve the right to undertake such checks as are necessary to verify your identity.

1.3 Once you have successfully completed registration, your registration shall continue for an indefinite period, subject to suspension or termination in accordance with clause 6 of these Terms of Use.

2. YOUR OBLIGATIONS

2.1 When using or placing an order on the Site, you agree that you:

i. intend to enter into a contract with us;
ii. are responsible for maintaining the confidentiality of, and restricting access to and use of your account and password, and accept responsibility for all activities that occur under your account and password;
iii. agree to immediately notify us of any unauthorised use of your password or account or any other breach of security;
iv. will provide true, accurate, current and complete information about yourself and your use of the Site as required by us;
v. will cooperate with our requests for additional information with respect to your eligibility and usage of our Site.

2.2 When using or accessing the Site, you agree that you will not:

i. breach or circumvent any laws, or our systems, policies or determinations of your account status;
ii. use our Site if you no longer fulfill the eligibility criteria or are temporarily or indefinitely suspended from using our Site;
iii. fail to pay for Products purchased by you, unless you have a valid reason as set out in any of our policies;
iv. take any action that may undermine the Site’s feedback and ratings systems;
v. distribute viruses or any other malware that may harm our Site or the interests of other users;
vi. infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (“Intellectual Property Rights” ) that belong to us;
vii. circumvent any technical measures we use to avail the Site.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 Except for the rights expressly granted under these Terms of Use all content included on the Site, including but not limited to text, graphics, logos, images, and videos is our property. We retain all right, title and interest in and to the Site, including without limitation all Intellectual Property Rights therein;

3.2 You undertake that by using the Site you have no right to use any of our trademarks.

4. WARRANTIES AND REPRESENTATIONS

4.1 You warrant and represent that if you create an account on behalf of a business entity, you represent that you are authorised to act on behalf of such business and bind the business to these Terms of Use;

4.2 While we attempt to be as precise as possible, we do not warrant that product descriptions are accurate, complete, current, or error-free. Additionally, as a buyer, you agree that we are not responsible for warranting the listings or content provided by us through the Site, and that you will not attempt to hold us liable for any inaccuracies or defects.

5. LIABILITY

5.1 Nothing in these Terms of Use shall limit or exclude a party’s liability:

i. for fraud, including fraudulent misrepresentation, exercised by that party;
ii. for death or personal injury caused by the negligence of that party; or
iii. for any other liability that cannot be limited or excluded under applicable law.

5.2 Subject to clause ‎5.1, in no event will we, and/or our directors, officers, agents, employees, suppliers, subcontractors or licensors be liable, whether based on an action or claim, tort, negligence, breach of statutory duty or otherwise, arising out of or in relation to these Terms of Use for loss of data or information, interruption or other financial loss or for any incidental or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.

5.3 In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:

i. pricing, shipping, or other recommendations provided by us;
ii. delays or disruptions on the Site;
iii. viruses or other malicious software obtained by accessing the Site; or
iv. errors or inaccuracies of any kind;

6. SUSPENSION, TERMINATION AND CANCELLATION

6.1 Without prejudice to any of our rights and remedies and without any liability to you, we may limit, suspend or withdraw a user’s access to the Site and/or cancel any order placed by you at our sole discretion. For the avoidance of doubt, any amounts paid and received by us in relation to a cancelled order will be refunded.

7. REPORTING VIOLATIONS OF THESE TERMS OF USE

7.1 We are committed to ensuring that our Products and content on the Site comply with these Terms of Use. If you believe that any listed item or content breaches these Terms of Use, please notify us and we shall investigate.

8. GENERAL

8.1 Governing Law. These Terms of Use and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of the United Arab Emirates, as applied in Dubai.

8.2 Relationship of the Parties. Nothing contained in these Terms of Use will be deemed or construed by the parties to create a partnership, joint venture or agency between the parties. It is understood that the parties will at all times remain independent parties.

8.3 Amendment. These Terms of Use cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these Terms of Use at any time and from time to time.

8.4 Force Majeure. Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated, including but not limited to, acts of God, legislative, judicial or regulatory acts of the federal government, court or regulatory authority, acts of any of our suppliers or any third party providers of products to us, labour disruptions, pandemics, blackouts, or embargoes.

8.5 Communications. You may contact us through email at info@cahacapo.com.