CONDITIONS OF SALE
- ORDER ELIGIBILITY
You must be over 16 years in order to make an Order (as defined below) via the Shop, and in doing so provide us with accurate details, including your real name, contact information (including delivery address) and payment details (with a valid payment method) when creating an Order (as defined below).
- CONTRACT TERMS
- Your order is an offer to Art Jameel to purchase the product(s) in your order (“Order”). When you place an Order with Art Jameel via the Shop, we will send you an email confirming your Order and details of the same (“Order Receipt Email Confirmation”). The Order Receipt Email Confirmation is not an acceptance of your offer to purchase the products in your Order, but instead an acknowledgement that we have your Order.
- Our acceptance of your Order and the conclusion of our contract with you, only occurs when we ship your Order which will be confirmed to you by email (“Shipping Confirmation”). If your Order is shipped across multiple shipments each shipment concludes a separate contract between yourself and Art Jameel.
- You shall be solely responsible for the payment of all and any shipping and delivery fees associated with the delivery of the purchased product(s).Such shipping and delivery fees shall be communicated to you via Art Jameel’s application.
- Delivery of a purchased product shall only be made to a correct and confirmed physical address as requested by the customer. Any Order made that does not have a correct delivery address shall be rejected. Art Jameel Shop will refuse any Order where a PO Box or non-physical location (including a physical location that is not possible to deliver to) in the delivered country is given by the customer for delivery.
- Customer agrees that the Order shipment terms may be changed or modified by Art Jameel following specific modifications made by the specific supplier.
- You or Art Jameel may at any time and for any reason terminate the Order prior to the Shipping Confirmation being circulated, save where the item specifically specifies that it is not capable of being cancelled once ordered.
- Transfer of title and risk of purchased product shipped to a customer shall exchange at delivery to the delivery address. In no event shall Art Jameel shop be liable for any delays or costs resulting from the end user’s failure to receive delivery of an item at their requested delivery address.
All returns shall be dealt with in accordance with the Refund and Exchange Policy (https://shop.artjameel.org/refund-exchange-policy).
Art Jameel warrants that any product ordered from the Shop is free from material defects and flaws, and is fit for the purpose that a reasonable consumer has purchased such product for (the “Standards”). Following delivery of an Order, if a product does not meet the Standards, Art Jameel shall, to the extent possible, provide a refund or replace the product in accordance with the Refund and Exchange POLICY(https://shop.artjameel.org/refund-exchange-policy).
- PRICING AND AVAILABILITY
- Prices are listed in AED for orders made to customers in the United Arab Emirates and in US$ to all customers based outside of the United Arab Emirates.VAT is charged as applicable to the destination of the Order. In certain cases additional import taxes, duties or levies (as the case may be) may be charged in addition to courier handling charges and the like, such charges shall be for your sole account.
- Please note that any delivery date provided by Art Jameel or on behalf of Art Jameel is an estimate only, they are not guarantees.
- From time to time pricing errors may appear in respect of products being sold by the Shop.If the price stated is incorrect, we may (at our absolute discretion) either:
- cancel your Order; or
- notify you of the error and remedy your Order to reflect the correct price and confirm that you still wish to proceed with the purchase at the revised price.
- PRODUCT INFORMATION
Unless indicated otherwise neither Art Jameel nor any of its affiliates are the manufacturer of products made available for sale via the Shop. All product information is provided by the manufacturer and is provided for information purposes only. You are recommended not to rely solely upon such information or the accuracy thereof. In particular it is important that you read any safety labelling, warnings, directions of use and any other information that is provided with products sold via the Shop and adhere to the same. Art Jameel does not guarantee that the product images you see on our website are an accurate representation; occasionally, colours may differ from the images shown on the website due to your computer/device screen resolution or settings.
- Where you purchase products from the Shop that are for delivery outside of the United Arab Emirates (subject to clause 2 below), such Orders may be subject to customs duties and taxes (both inbound and outbound).All such duties and taxes and all and any charges or levies (including but not limited to custom clearances) of whatsoever nature including any costs or expenses associated with shipments being impounded, delayed or otherwise disrupted shall be for your sole account and discharge. Art Jameel excludes all and any liability in respect of the same and such shipments are made at your absolute and sole risk.
- Art Jameel will not arrange shipment of any products sold via the Shop to any jurisdiction which the United Arab Emirates Government or any applicable laws in the United Arab Emirates prevents the export to.Such destinations are subject to change.
- Customs and related tax rules and regulations vary from country to country and as such it is important that you familiars yourself with the same and you are encouraged to do so.
- For the purposes of any shipment an Order to you, you will be the importer of record and are required to ensure that you comply with all obligations (legal or otherwise) in that capacity.In particular and without effecting the generality of the foregoing, you must satisfy yourself of whether the products purchased as part of your Order can be legally imported to your shipping destination.
- Please be aware that packages shipped outside of the United Arab Emirates may be subject to inspection and as such, may be opened, examined and impounded or confiscated for whatsoever reason.This is outside of the control of Art Jameel who bear absolutely no liability or responsibility for the same.
Neither Art Jameel nor any affiliate will have any responsibility to you or any third party for any losses that were not caused by Art Jameel’s breach of any obligation under these Conditions. Any business loss including loss of profit, revenue, goodwill, contracts, anticipated savings, data or wasted expenditure; any direct or consequential losses that were not foreseeable to both you and Art Jameel when the contract for the sale of the products in question was formed between you and Art Jameel.
- AMENDMENTS TO CONDITIONS OF SALE
Art Jameel reserves the right at any time and without any prior notice (written or otherwise) to amend these Conditions. You are subject to whatever Conditions and the Terms and Policies are in place at the time at which you order products from our Shop. There may be circumstances where in order for Art Jameel to comply with law or regulation that an alteration to these Conditions take place on a retroactive basis.
Any waiver of any right under these Conditions is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is written.
- ENTIRE AGREEMENT
These Conditions constitutes the entire agreement between the parties in connection with the terms governing any Order from the Shop and supersedes and extinguishes all previous drafts agreements, undertakings, representations, warranties and arrangements of any nature between Art Jameel and a party placing an Order.
- If any term or part of these Conditions is held to be invalid, illegal or unenforceable by any judicial or other competent authority, it may be severed from these Conditions and all other remaining terms or parts of these Conditions remain in full force and effect and will not in any way be impaired.
- If any provision of these Conditions is held to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question will apply with the minimum modifications necessary to make it valid and enforceable.
Except where otherwise expressly provided in these Conditions to the contrary, the provisions of these Conditions are for the benefit of to the party placing the Order and Art Jameel and not for the benefit of any third party. Without effecting the generality of the foregoing, these Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Conditions.
- GOVERNING LAW AND JURISDICTION
- These Conditions and any dispute or claim arising out of or in accordance with them or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the English law.
- Each party to these Conditions irrevocably agrees, save as provided under clause 3, that the courts of the Dubai International Financial Centre shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Conditions and any sale of products from the Shop or its subject matter or formation.
- Each party to these Conditions further recognises that insofar as the value of the dispute or claim permits, that the DIFC Small Claims Tribunal shall have exclusive jurisdiction in respect of the settlement of such dispute and that where such claim does not qualify the provisions of clause 1 shall apply.
Should you have any questions regarding the Conditions or their application please contact: 00971 4 8739866 or [email protected]
Date of Issue: [ ]2021