Terms of Use

TERMS OF USE.

The www.banwood.ae Website “Site” is maintained by Banwood’s Middle East distributor, DAYOFF LLC.

Please read the following carefully before making a purchase on this website. DAYOFF LLC reserves the right to modify the Terms of Use at any time. You can direct any questions that may arise to [email protected]

These General Conditions have been prepared in accordance with the Law 7/1998 on General Conditions of contracting, Royal Decree 1906/1999 which regulates telephone or electronic contracting with general conditions in development of article 5.3 of Law 7/1998, General Law 26/1984 for the Protection of Consumers and Users, Law 7/1996 on the Regulation of Retail Trade, Royal Decree-Law 14/1999 regulating the Electronic Signature and how many legal provisions result from application.

These Conditions regulate the legal relationship derived from the contracting processes formalized by the Users through the Web page www.banwood.com. With the access to the portal, and with the purchase of products of the same, the buyer acquires the user condition, and therefore it is understood that you accept these conditions without reservations. In addition, the user declares that he is of legal age and has sufficient capacity to carry out the purchase of products in BANWOOD.

We work with Sentinal delivery (within Dubai) and Sky Express (rest of UAE). Once received the payment of your order the agency will deliver it in the indicated address between 1 and 5 days. For deliveries outside the UAE, please contact us via email to arrange delivery. These delivery times are approximate and may vary for logistical or stock reasons. The indicated days are business days.

The content of this website is the property of Banwood S.L. The use of images or texts may lead to copyright infringement, the company reserves the right to claim for the use of such material.

In order to comply with the provisions of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, below we indicate the data of the general information of our site

You have a guarantee of return during the following 7 days after receiving the order, no matter the reason. If you send us the purchased goods (not opened) we will make the return of the money paid. The client must take a picture of the package and the label of the transport agency.

 

Web: www.banwood.ae

Owner: DAYOFF LLC

Address: Sentinal Storage, Warehouse 3, 26th Street, Al Quoz, Industrial Area 4, PO Box 75641, Dubai, United Arab Emirates.

Email: [email protected]

Phone: +971564599333

 

1 DEFINITIONS
In these Conditions, the following terms shall have the meaning indicated below: “Seller” means DAYOFF LLC, its affiliates and related companies, and the entities that succeed them for any title. “The Customer” means the natural or legal person with whom the Seller contracts the sale of the Goods. “Merchandise” means the product that Seller sells to Customer in accordance with the Contract. “Site” means the www.banwood.ae Website, of which DAYOFF LLC maintains. “The Contract” means the contract of sale of the Goods between the Seller and the Customer, to which these General Conditions of Sale are incorporated. “Working day” means any day of the week except Friday and Saturday and holidays. “Conditions” means the rules governing the sales of Banwood S.L. 

 

2 PREAMBLE
 The information on prices, available quantities or delivery times sent by the Seller will be considered as a mere invitation to the Customer to place orders and, consequently, offers subject to the acceptance of the Seller. Requests in response to the sending of such information or acceptance thereof shall not give rise to a contract, which shall only be deemed to have been entered into when one of the following circumstances occurs: a) Acceptance by the Seller (acceptance of order). b) Beginning of the manufacture of the Merchandise, when it is manufactured in a special way for that order. c) Expedition of the Merchandise.

2.2 These Conditions are the only terms under which Seller contracts, and will be incorporated into the Contract to the exclusion of any other term or condition, including those indicated or quoted in Customer’s order and other documents of the Contract.

2.3 These Conditions may only be modified with the agreement of the Seller, by means of a signed document that will be sent to the Customer.

2.4 In addition to these Conditions, the technical specifications and the internal commercial terms of the Seller relating, inter alia, to transportation, minimum orders or packaging, and that the Customer may request the Seller at any time. These terms and specifications are incorporated into these Conditions.

3 PRICES
3.1 The prices include any tax or duty relating to the sale of the Goods.

3.2 The prices quoted in the quotations, estimates, or other documents issued by the Seller prior to the acceptance of the order, are not binding on the latter. The final price will be the one applicable on the date of the order acceptance.

3.3 The Seller may modify the price of the Merchandise upwards between the date of acceptance of the order and the date of payment in the following cases: a) Extra alloy and variation of the international prices of the raw materials of the Merchandise, or of its supply conditions. (b) Additional costs relating to the Goods or their supply. The Customer will assume the above price increases.

4 PAYMENTS AND GUARANTEES
4.1 Visa or Mastercard debit and credit cards, in AED are the accepted methods of payment.

4.2 The payment of the price of the Merchandise will be verified in the term and in the agreed form, being on account of the Client all the expenses derived from the chosen payment system. When the payment is implemented through documentary credit, it will be governed by the Rules and Uniform Uses Relating to the Documentary Credits in force of the International Chamber of Commerce. In the absence of agreement, payment will be made by credit card. The payment of the price will be made in full, without partial payments being accepted.

4.3 All deliveries are subject to the approval of the Seller’s Risk Department.

4.4 The Seller shall have the right to opt for enforced compliance with the Contract or its resolution if the Customer is in any of the following situations: a) Fails to fulfill its obligation to pay or any other obligation arising from the Contract, or from any other contract entered into with the Seller. b) It is in competition, liquidation or any other insolvency situation. c) He has no ability to deal with his debts. d) There is a warrant for execution, foreclosure or seizure of your property.

4.5 If the Seller has reasonable grounds to suspect that the Customer will not be able to meet the obligations arising from the Contract, or from any other contract entered into with him, he may at any time suspend compliance with the Contract, unless the Customer immediately pays the totality of the price, and satisfy the other payments due to Seller arising from other contracts, or deliver to the Seller a bank or other guarantee, for the same amount, which is acceptable to him. Seller will immediately notify the above suspension, granting a reasonable period for the Customer to make the payments or deliver the guarantee. If Customer fails to do so within such term, Seller shall have the same rights as in Condition 4.3.

4.6 If, in the cases indicated in Condition 4.3 or 4.4, the Seller has already issued the Merchandise, it shall be entitled to avoid delivery thereof to the Customer, even if the Client is the owner of a document granting him the right to obtain it.

4.7 If Seller terminates the Agreement in accordance with Condition 4.3 and 4.4, Customer will forfeit the right to sell Goods subject to domain reservation as set forth in Condition 7, Seller being prohibited from selling and processing, and Customer to return or ship to another destination. Notwithstanding such resolution or cancellation, the Customer shall pay the Seller the price of the Goods dispatched prior to the same.

4.8 The amounts owed by the Client in payment for the Merchandise that are not effected on the due date shall accrue interest until payment of the principal at the rate applied by the European Central Bank to its most recent main refinancing operation, increased by seven percentage points. The Client will also indemnify the Seller for damages and expenses caused by the breach.

4.9 The Customer may not deduct from the amounts owed to the Seller those that claim to the Seller, whether derived from the Contract or from any other concept, and may only discount the credit notes issued by the Seller.

4.10 Cardholders must retain a copy of transaction records and Banwood.ae policies and rules. 

5 PRIVACY POLICY
5.1 All credit/debit cards’ details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.

5.2 Banwood.ae will not pass any debit/credit card details to third parties.

5.3 Banwood.ae takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, (www.banwood.ae) cannot guarantee the security of any information that is disclosed online

5.4 Banwood.ae is not responsible for the privacy policies of websites to which it links. If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. You should contact these entities directly if you have any questions about their use of the information that they collect.

5.5 The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore, the Customers’ are encouraged to frequently visit these sections to be updated about the changes on the website. Modifications will be effective on the day they are posted.

6 DELIVERY
6.1 The delivery of the Merchandise shall be made at the place indicated in the Contract, or subsequently agreed by the parties.

6.2 The Customer will receive payment confirmation via their registered email, within 24 hours of the purchase. 

6.3 Shipping within the UAE is free for purchases over AED 300. For purchases below this amount, a AED 25 shipping charge will apply. Deliveries are made by either Sentinel Courier (within Dubai) or Sky Express (the rest of the UAE). Deliveries within the UAE take 1-5 days. 

6.4 Deliveries outside the UAE (to GCC countries only) can be arranged via email to [email protected] Shipping will take 5-10 days. A quote for the incurred shipping costs will be provided to the Customer prior to purchase. 

6.5 Unless otherwise stated, the Merchandise designated as stock material or other similar term is subject to availability.

6.6 The Seller may make partial deliveries, issuing an invoice for each of these shipments.

6.7 The dates and terms of delivery or delivery of the Goods are approximate and will not be binding on the Seller. Due to the complexity of the manufacturing process of the Merchandise, if in spite of having done what reasonably possible to fulfill a date or term of delivery or delivery contemplated in the Contract, these are not fulfilled, said non-fulfillment will not be considered a contractual breach of the Seller which entitles the Customer to terminate the contract or to claim damages, and Seller shall be entitled to a reasonable extension of the delivery or delivery date or time.

6.8 If the non-delivery is due to causes imputable to the Client, the Client must make the agreed payments as if the delivery had occurred. The Seller may proceed to the storage of the Merchandise at the Client’s risk and, at the request of the Customer, to ensure it, in both cases whenever the Customer pays anticipated storage and insurance expenses in advance.

6.6 Cancellation and returns
Orders may be cancelled within 24 hours of the order being placed or prior to order confirmation by email. Order cancellation may be confirmed by the customer through email, or through direct phone call with a DAYOFF representative.

Returns will be accepted within 7 days of purchase, provided the product and packaging is in perfect condition. Notification of a return must be made via email to [email protected]

Once, the order has arrived at our warehouse and has been reviewed, refunds will be made onto the original mode of payment and will be processed within 10-45 days, depending on the issuing bank of the credit card and provided receipt of the refund request has been issued. 

If you receive a damaged or incorrect product, you should contact us as soon as possible by emailing [email protected] For this we request that you include a photograph of the damaged product, order number and an explanation of the problem. After review, we will contact you as soon as possible to discuss the best solution.

7 TRANSMISSION OF RISK
7.1 The transmission of the risk of loss or loss of the Merchandise to the Customer will occur in accordance with the INCOTERM indicated in the Contract, and in default thereof in accordance with INCOTERM, EX WORKS (INCOTERMS 2000).

7.2 In sales in the UAE, the transmission of the risk will occur: a) With delivery to the first carrier if the Contract includes the transport of the Merchandise. b) In other cases, when the Customer takes over the Merchandise, or does not do so at the agreed time, provided that it is made available.

8 DOMAIN RESERVATION
8.1 Without prejudice to its delivery and transmission of the risk to the Customer, the Merchandise shall remain the property of Seller until payment of the price is complete and any other amount due by the Customer to Seller for any other reason, even if it is not due.

8.1.1 Banwood.ae may void an order due; in the absence of stocks, error in the price or any other circumstance, the cancellation will be communicated to the customer via e-mail or telephone and the refund will be paid, or if it is a refund, it will simply be canceled to the client.

8.2 Until the transfer of the property to the Client occurs: a) In the cases contemplated in Condition 4.3 and 4.4, Seller may require the Customer to return the Goods, recovering their possession and being able to resell it. b) The Client shall store the Merchandise in the proper manner, and in the conditions necessary to protect and preserve it, without charge to the Seller. It will not alter or remove the identifying marks of the Goods or their packaging, ensuring that they are clearly identified as Seller’s property. If in spite of the previous prohibition, the Goods are processed or combined in any way with other products, the Seller will retain ownership of the resulting product for an amount equal to the value of the Goods. c) At the request of the Seller, the Customer will take the necessary measures to protect the rights of the first with respect to the Merchandise.

8.3 The rights granted to the Seller in this Condition are additional, and in no way will they exclude or limit any other right or action that may correspond to it.

8.4 The Client is entitled to transfer the Goods within the framework of its business activity, and to transfer ownership to its respective customers, as long as they are purchasers in good faith. This power will automatically be extinguished in the cases indicated in this Condition, and in Condition 4.3 and 4.4. If in any of these cases the Merchandise has already been delivered to the buyer in good faith, the Seller may demand payment or subrogation in the Client’s rights in respect of such sale, up to the limit of the amount due.

8.5 We are a retailer, if we can not supply an order because it contains a large quantity of a certain product, we will proceed to return the amount and cancel the order.

9 QUANTITY AND QUALITY. COMMERCIAL WARRANTY
9.1 The Seller shall deliver goods in the quantity and quality established in the Contract, and with the packaging provided therein. Notwithstanding the foregoing, the Goods shall be subject to Seller’s tolerance and classification rules.

9.2 The weight indicated by the Seller shall be valid and final, provided that a scale approved according to the rules of the country of the Seller has been used.

9.3 The Seller warrants that the Goods: a) Is fit to be marketed. b) It is free of charges and rights of third parties.

9.4 The Commercial Warranty is limited to what is indicated in this Condition, excluding any other type of warranty from the Contract. In particular, it is not guaranteed that the Merchandise: a) Is suitable for the specific uses declared or not of the Client. b) Be in conformity with the samples delivered by the Seller, not having nature of sale on sample. c) It has no defects derived from materials, specifications or information supplied by the Customer. d) It is suitable for use if it has not been handled or stored properly, or is processed in inadequate machinery. (e) Be suitable for use in the nuclear industry.

9.5 Seller shall be liable under this Condition for any defects, hidden defects and nonconformity (hereinafter, Defects) of the Goods attributable to it, arising out of its design, raw materials or process.

9.6 The Customer will inspect the Goods immediately upon arrival at the agreed destination, in order to determine: a) If it has been damaged in transit. b) If it is of the quality, quantity and weight indicated in the Acceptance of Order or in the delivery note.

9.7 The damage suffered by the Merchandise in transit must be recorded on the delivery note of the carrier. 8.8 If a Defect is found, the Goods will not be processed, and the Customer will store it in its original packaging, making it available to Seller for examination. In another case, the Client will lose his right to claim such Defect.

9.9 Defects must be notified in writing to Seller immediately upon discovery, or when reasonably should have been discovered, and in any case before 3 months from the date of delivery. The notification will be motivated, with a description of the defect claimed. 8.10 Upon receipt of the notice contemplated in the Condition

9.9, Seller may choose between: a) Repairing the Defect. b) Supply replacement product. c) Reduce the price in proportion to the Defect of the Merchandise. In any of the foregoing, Seller will bear the cost of transporting the Merchandise or substitute product but no other expenses, such as disassembly, installation or processing.

9.10 Notwithstanding the foregoing, the Seller shall have the right to investigate the claim, and to require the Client to furnish such evidence as it deems necessary. If, as a result of the investigation, it is established that the notified Defect does not exist, or this is not the responsibility of the Seller, it will have the right to reimburse the expenses incurred by the claim.

9.11 The Client shall not be entitled to any other compensation or action other than those indicated in this Condition 8, which is absorbed and is within the limits of Condition 9.

10 LIMITATION OF LIABILITY:
10.1 Seller warrants that the Goods will conform to the express terms of the Contract.

10.2 The Seller shall not be liable for damages and damages that the Customer may suffer as a result of acts and omissions of him, his employees and representatives in relation to the Contract or the Merchandise, that exceed the amount of the purchase price of this, excluding VAT, customs duties, insurance premiums and other costs other than those of the Goods themselves.

10.3 The Seller shall not be liable for indirect damages of any kind, or for the loss of profit that the Client may suffer as a result of the acts and omissions of the latter, its employees and representatives in relation to the Contract or the Merchandise.

10.4 Seller shall not be liable for any claims, suggestions and comments relating to the Goods made by its employees or representatives in the pre-contractual negotiations.

11 FORCE MAJEURE:
11.1 The Seller may suspend the execution of the Contract, without implying any breach of contract, for reasons of force majeure that may hinder or impede, as long as they last.

11.2 Among others, the force majeure may derive from the following facts: a) Wars, whether declared or not, civil war, revolts and revolutions, acts of piracy and sabotage. b) Natural disasters such as hurricanes, cyclones, earthquakes, tsunamis, floods or lightning destruction. c) Explosions, fires, destruction of machinery, factories or any other type of installation. d) Boycott, strikes and lockouts, production stops, and occupation of factories and facilities. e) Acts of the public powers, whether legitimate or not, in respect of which the Seller has not assumed the risk under the Contract. f) Lack of labor, energy or raw materials. g) Restrictions on communications. h) Delays or breaches of subcontractors.

11.3 The Seller shall notify the Customer in writing of the suspension of the Contract, and if it lasts for more than 8 consecutive weeks, either party may resolve it by prior written notice, without prejudice to Seller’s right to charge the price of the part of the Contract Goods issued to the Client prior to the suspension of the Contract, and to be reimbursed for any other expenses in relation to the Contract accrued prior to its resolution.

12 ASSIGNMENT
12.1 The Client may not assign, encumber or transfer in any way the Contract, nor the rights or obligations arising therefrom, without the written consent of the Seller.

13 WAIVER OF RIGHTS
13.1 The rights of the Seller in relation to the Contract shall not be deemed waived by the granting of deferrals or other indulgences, or by the failure to exercise the actions derived therefrom.

14 INVALIDITY
14.1 If any Condition of this document is null or void in whole or in part, by virtue of the applicable Law, it shall be omitted from it without affecting the validity of the others.

15 NOTIFICATIONS
15.1 The notifications to be made to the Seller, will be made at the address indicated in the Order Acceptance, or in the one that is subsequently indicated to the Customer. Those that must be made to the Customer, will be in the latter’s known address. Notifications can be made by mail or e-mail.

16 DATA PROTECTION
Data Protection In compliance with the provisions of Organic Law 15/1999 of December 13, on Personal Data Protection, we inform you that:

A) DAYOFF LLC guarantees the confidentiality of all data provided by its customers . In addition to the minimums established by law, the collection and processing of data are carried out under security levels that prevent the loss or manipulation of data.

B) In accordance with current legislation, all customers of DAYOFF LLC, have the right to access, rectify, cancel and oppose their data. In addition, at any time, the client can express their desire not to receive any publicity. To exercise these rights, customers can send by email to [email protected] For the best performance of its services, DAYOFF LLC is obliged to provide certain data of its clients – name, address, telephone, etc. to other companies that collaborate with the provision of the service – carriers, financial entities, etc. In all cases provided are those strictly necessary for the specific activity to be performed. 

C) Customers using the website who are Minor/under the age of 18 shall not register as a User of the website and shall not transact on or use the website. 

D) User is responsible for maintaining the confidentiality of his/her account. 

17 JURISDICTION AND APPLICABLE LAW
17.1 The Contract shall be governed by and construed in accordance with the country of domicile, the United Arab Emirates and under the governing law, the Local Law. The Client shall be expressly waived in his or her own jurisdiction by the courts and tribunals of the United Arab Emirates. The United Nations Convention on Contracts for the International Sale of Goods, done at Vienna on 11 April 1980, or any other substitute thereof, shall not apply.

17.2 Notwithstanding the foregoing, the Seller reserves the right to go to the courts of the Client’s country to claim any amount that may be owed by the Client. 

17.3.- Legislation and appicable jurisdiction. This contract will be governed by the United Arab Emirate local law, which will apply to what is not provided in this contract as regards interpretation, validity and execution.

17.4 The Seller will not trade with or provide any services to OFAC and sanctioned countries. 

 

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