Oikaa product warranties. In this Agreement, when Oikaa Ltd. uses the term "we", "us", "our", "Oikaa", or "Oikaa Ltd" it means Oikaa Ltd and, unless the context otherwise requires, the singular includes the plural and vice versa.
By placing an order with us, you accept and acknowledge receipt of this agreement.
Oikaa reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement or change the Terms and Conditions of sale, at any time.
You should read this Agreement together with any other existing and future written agreements that you have with us. If there is a conflict between a term in this Agreement and any other written agreement you have with us, the term of this Agreement will prevail.
1. The Contract between yourself and us
1.1. Your order is treated as an offer to us. Your product order/s will be accepted only once we have received the correct required payment. We shall have the power to determine, at our sole discretion, whether or not to accept your offer. Once payment has been received and your offer is accepted by us, we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order. The acceptance of your offer shall be deemed to be concluded in UK or UAE. Our acceptance of your order brings into existence a legally binding contract between us. Should we reject your offer, any payment/s made by you shall be refunded in the manner provided for in clause 4.2 of this Agreement.
1.2. In placing an order, you certify that the information provided by you is complete and accurate. Without limiting the foregoing, you undertake that:
a) You are legally and fully entitled to use any credit card, eCard or PayPal and/or such other method or modality of payment as may be agreed between the parties for the purpose of making the purchase;
b) There are sufficient funds in the chosen method or modality of payment to cover the total cost of your purchases, including any applicable delivery charges;
c) Kindly note that in case of refund registration fees are deducted from the amount refunded to customer;
1.3. Although we strive to ensure that all information (including prices and specifications) displayed on our website is accurate, we cannot guarantee that the information is correct. In the event that an item is listed at an incorrect price or with incorrect information, we shall have the right, at our sole discretion to refuse any order placed. Should we refuse your offer, any payment/s made by you shall be refunded in the manner provided for in subclause 4.2 ofthis Agreement.
2. Price
2.1. The prices payable for the products that you order are as displayed on our website.
2.2. You will be required to pay extra charges for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are as displayed on our website.
2.3. Unless otherwise specified, the prices displayed on our website are net prices which do not include any Value Added Tax (VAT), customs duties, tariffs, import tax, etc. You shall be solely responsible for any possible VAT, customs duties, tariffs, import tax, etc, payable upon the arrival of the products at the country to which you instruct us to ship your product/s to.
2.4. You may pay for any products ordered by using a credit card, eCard or PayPal and/or such other method or modality of payment as may be agreed between the parties. All credit card purchases are subject to approval from your credit card company.
2.5. For any products which we allow you to pay by installments:
a) we will accept your down payment upon our acceptance of your order. Thereafter, you have to pay us the installments monthly on or before the corresponding date (the "Due Date"), in each consecutive calendar month until the outstanding balance of your order has been fully paid. In the event that there is no corresponding date in any calendar month, the Due Date shall fall on the last date of that particular month.
b) should you fail to pay or delay in paying any installment as prescribed in (a) above, the whole unpaid balance of the product/s prices shall become immediately payable by you.
c) should you fail to pay any installment or are in breach of any condition of this contract, we shall have the discretion to forfeit all your down payments.
d) if you order more than one product from us which we allow you to pay by installments, we shall have the right to appropriate any or all your installment payments for paying off the outstanding balance for any of such product/s (i) at any time during the currency of this Agreement; (ii) at the time this Agreement is terminated or thereafter for whatever reason except in the event that you exercise your cancellation right under clause 3 below. This clause shall survive the termination or determination of this Agreement.
3. Right for you to cancel your Contract
3.1. Contract for Sale of Goods
If the products that you order from us are goods, you may cancel your contract with us for the goods that you have ordered, at any time up to the end of the:
3.1.1. Seventh (7th) day from the date of your receipt of the product/s if your order is made in any EU member states or in the US.
3.1.2. Tenth (10th) day from the date you order the product/s if your order is made in Australia or Hong Kong.
3.1.3. Seventh (7th) day from the date you order the product/s if your order is made in Egypt.
3.1.4. Seventh (7th) day from the date you order the product/s if your order is made in UAE.
3.1.5. Seventh (7th) day from the date you order the product/s if your order is made in a territory other than a European Union member state, the United States, Australia, Egypt or UAE.
3.2. Contract for Sale of Services.
If the products that you order from us are related to services other than goods, you may cancel your contract with us for the services that you have ordered, at any time up to the end of the:
3.2.1. Tenth (10th) day from the date of our email confirming our acceptance of your order if your order is made in any EU member states or in the US.
3.2.2. Tenth (10th) day from the date you order the services if your order is made in Australia or Hong Kong.
3.2.3. Seventh (7th) day from the date you order the service/s if your order is made in Egypt.
3.2.4. Seventh (7th) day from the date you order the service/s if your order is made in UAE.
3.2.5. Seventh (7th) day from the date you order the service/s if your order is made in a territory other than a European Union member state, the United States, Australia, Egypt or UAE.
3.3. To cancel your contract you must notify us in writing in accordance with clause 7.
3.4. If you have received the product/s or any materials from us relating to the product/s before you cancel your contract, then you must send the product/s or those materials back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the product/s for delivery, you must not unpack the product/s or any such related materials when they are received by you, and you must deliver the product/s or those related materials back to us at our contact address at your own cost and risk as soon as possible.
3.5. Once you have notified us that you are canceling your contract, any sum debited to us from your credit card will, subject to the deduction of an administration fee, be recredited to your account as soon as possible and in any event within thirty (30) days of your order PROVIDED THAT the product/s in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the products delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct cost/s of recovering the product/s from the amount to be recredited to you.
3.6. All refunds shall be done using the same method of payment unless the parties agreed to use another payment method.
4. Rejection by us
4.1. We reserve the right to reject your order if:
4.1.1. we have insufficient stock of the products you ordered.
4.1.2. we do not deliver to your area.
4.1.3. one or more of the products you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
4.1.4. If we do reject your order, we will notify you by email and will recredit to your account any sum deducted by us from your credit card, eCard or PayPal account and/or such other method or modality of payment as may be agreed between the parties as soon as possible, but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. Delivery of products
5.1. We will deliver the products, if it is/they a/are good/s, ordered by you to the address you give us for delivery at the time you make your order.
5.2. Delivery will be made as soon as possible after your order is accepted and in any event within thirty (30) days of your order. Delivery will be by way of courier or other similar services.
5.3. In the event that the first attempt at delivery fails for whatsoever reason, a maximum of two (2) further attempts to deliver/contact you will be made within a period of ten (10) days after the first attempt. If for any reason whatsoever, the attempts to deliver/contact you still unsuccessful, your product will be classed as undeliverable.
5.4. Once your product is being classed as undeliverable and returned to us, you will need to bear all return shipment charges as well as any reshipment charges for any other reshipment attempts.
5.5. In the event that you cannot be contacted within ninety (90) days of the first delivery attempt or the product remains undeliverable as defined in in clause 5.3 above, in either case you are deemed to have abandoned the product and it will be disposed of at our sole discretion and we shall have no liability to you whatsoever nor refund any money to you by way of compensation.
5.6. You will become the owner of the product/s, if it is/they a/are good/s, ordered by you when they have been delivered to you. Once the product/s have been delivered to you, they will be held at your own risk and we will not be liable for their loss or destruction.
5.7. In the event of the product/s you ordered being unavailable, we will, at our sole discretion, provide you with substitute product/s of equivalent quality and prices. If you do not agree to accept the substitute product/s, you may return them to our contact address. Any cost of returning any such substitute product/s shall be borne by us.
5.8. If the product/s you order is/are not goods, the email we send you for the confirmation of our acceptance shall be conclusive evidence of a binding contract between us for your purchase of the product/s.
6. Liability
6.1. If the product/s we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing in accordance to clause 7, of the problem within ten (10) days of the delivery of the product/s in question.
6.2. If you do not receive the product/s ordered by you within thirty (30) days of the date from which you ordered it/them, we shall have no liability to you unless you notify us in writing in accordance to clause 7, of the problem within forty (40) days of the date from which you ordered the product/s.
If you notify a problem to us under this clause, our only obligation,at your option, shall be:
a) to make good any shortage or nondelivery; or
b) to replace or repair any product/s that is/are damaged or defective; or
c) to refund to you the amount paid by you for the product/s in question in whatever way we choose.
6.3. Save as precluded by law, we will not be liable to you for any indirect or consequential losses, damages or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the product/s in question under clause 6.2(c) above.
6.4. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase products from our site. The importation or exportation of certain of our products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the products you purchase.
6.5. We will rely on the accuracy of all information you provide in your order. Thus you will be required to ensure that all the information you provide in your order is correct before you submit it to us. You shall be solely responsible for any losses and/or delay due to any incorrect information you provide us in your order.
6.6. Not with standing the foregoing, nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7. Notices
Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and addressed to the Support Centre at [email protected], and all notices from us to you will be displayed on our website from time to time.
8. Events beyond our control
We shall have no liability to you for any failure to deliver products you have ordered or any delay in doing so or for any damage or defect to products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
9. Invalidity
If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
10. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
11. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right to enforce any term of this agreement.
12. Governing law
The contract between us shall be governed by and interpreted in accordance with the Laws of UAE, and the courts of UAE shall have jurisdiction to resolve any disputes between us.
13. Entire Agreement
These Terms and Conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the products to you by us. Nothing said by any sales person on our behalf or any person should be understood as variation of these Terms and Conditions or as an authorized representation about the nature or quality of any products offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.