Sale Agreement

Introduction

(1) This sale agreement shall regulate all the matters related to the sale of cooked food and our products online. It includes all the guarantees provided by the site to the buyer such as the online consumer as well as the terms and conditions that must be applied by the consumer, the terms and conditions of the sale process, selling policies such as payment, shipment and return (all referred to as “sale agreement”).

(2) This agreement shall be deemed to be an integral part of the terms and conditions of the site and the privacy policy (All referred to as “agreement”).

(3) This agreement shall not breach any rights or guarantees determined for the buyer in the consumer protection law.

(4) By your use of the site, any of its services or by ordering to buy the fish and products or any of the sale and purchase services, you enter with us and all the other parties into this agreement.

(5) You declare that you have the legal capacity necessary for concluding and consenting to this sale agreement and they have the full legal authorities that are unrestricted according to the following conditions:

Section 1: Undertaking and Warranties of Site

Section 2: Buyer’s Terms and Conditions

Section 3: Terms and Conditions of Sale and Purchase

Section 4: Assignments Policy

Section 5: Payment Policy

Section 6: Shipment Policy

Section 7: Return Policy

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Section 1: Undertaking and Warranties of Site

The site “Senyarfish.ae” is concerned with providing all the legal undertakings and guarantees to the buyer in accordance with the legal provisions in force in the United Arab Emirates as follow:

(1) Senyar Institution For cooked food  provide the services of the site, cooked food and products according to the laws in force.

(2) The site warrants that it exercises business according to the applicable laws and systems and that it has got all the licences and permits necessary for the exercise of e- business and the entry with the buyer into this agreement and the site undertakes to keep all the documents referring thereto.

(3) The site undertakes that it shall not display, provide, promote or advertise any cooked food or products which are based on fraud, are spoilled or misleading and could cause harm to the buyer upon eating them.

(4) The site undertakes that it shall put a label including type, nature, ingredients, brand country of origin, expiry date on the cover of cooked food and products or their packages.

(5) The site undertakes that it shall publicize the prices of fish and products clearly via the site and write this price on cooked food and products upon delivering them to the buyer and the buyer shall be entitled to ask for an invoice in relation to the cooked food and products he bought from the site.

(6) The site undertakes that cooked food and products delivered to the buyer shall correspond to the specifications publicized by the site.

(7) The site undertakes that it shall be restricted by the conditions connected with public health and safety.

(8) The site undertakes that it shall sell the cooked food and products at the time of their availability and it shall not follow any monopolistic policies in relation to cooked food or products.

(9) The site warrants that all the information, images and the files of the cooked food and products provided by the site are true, precise and legal and are the products of the site.

(10) The site warrants that it owns all the legal rights and authorities for selling the cooked food and products and also it warrants that it has got all the permits necessary for selling the cooked food and product.

(11) The site shall guarantee that there will be no restrictions on the buyer in relation to getting cooked food and products or disposing of them with all legal acts to third parties. But in this case, we provide our undertakings and guarantees to the buyer only and we don’t have any relationship with third parties that don’t have any contractual relationship with us.

(12) The site warrants that there is no right of third parties connected with the cooked food and products offered for sale via the site and that they are delivered to the buyer free from any financial encumbrances and not connected with any personal or real rights.

(13) The site warrants that the cooked food and products are delivered to the buyer at the delivery date agreed upon between the two parties according to the specifications displayed on the selling page and delivery is done in a professional manner in accordance with the provisions of this agreement.

(14) The site warrants to keep the contact information of the buyer and that it isn’t exploited in a way contrary to the privacy policy of the site.

Section 2: Buyer’s Terms and Conditions

(1) In case the buyer is a natural person, he must have the legal capacity necessary for the conclusion of the sale contracts.

(2) In case the buyer is a company, institution or another entity, the legal representative of this entity or the person authorized to carry out the purchase transaction must carry out the purchase transaction.

(3) The buyer shall be able to purchase the cooked food and products offered for sale via the site in case these fish and products are available and ready for sale.

(4) The buyer shall be bound to specify cooked food or the products desired to be bought precisely according to the specifications he wishes and which are available via the site before he submits the purchase order.

(5) In case of specifying by the buyer of the type of cooked food or the products required and the provision of the purchasing order, he shall not be entitled to cancel this order except with the consent of the site and the purchasing order shall be deemed to be a final acceptance by the buyer of the cooked food and products being purchased.

(6) The buyer shall be bound to pay the price of cooked food or the products displayed by the site through the methods identified by the site.

(7) The site shall be entitled to require from the buyer to provide data about himself such as a photocopy of ID or passport, place of residence or other data that facilitates the shipment process.

(8) cooked food and products shall be shipped to the buyer based on the buyer’s order and according the shipment policy of the site.

(9) In case of the refusal by the buyer of the receipt of cooked food or products that are the object of purchase at the specified time of delivery according to the agreement between the site and the buyer, Here the buyer shall be actually and legally deemed to have received the products at this time of delivery and the site shall be entitled in this case to have recourse against the buyer judicially for getting the necessary compensations.

(10) The buyer undertakes that he shall not sell the cooked food or products that are the object of purchase or eat them except after paying the full price of fish or products in addition to the freight and he undertakes that he shall complete the payment in case of partial payment by mistake.

(11) In case the buyer receives the cooked food or products, he has to make sure of their conditions and correspondence to the specifications once he receives them and the site shall not guarantee a defect that is tolerated by custom.

(12) The buyer shall notify the site of any defect he discovers in relation to the cooked food or products within 15 mints from the time of receipt and refund ability shall be done according to our refund ability policy.

(13) The buyer shall comply with all the systems and instructions related to the use or preservation after receiving the cooked food or products.

(14) The site shall not be responsible in any case for the spoilage of cooked food or products due to not preserving them with the appropriate method.

(15) The buyer shall be allowed to do assessments in relation to the sale processes and the buyer undertakes that he shall not abuse this right and that assessments shall be true and express the performance of the service and according to the assessments policy we have.

(16) Before the delivery date of the products sold to the buyer and in case of the breach by the buyer of this sale agreement, the site shall be entitled to cancel this agreement with the immediate effectiveness without any notifications or judicial notices while reserving by the site of the right to suitable compensations.

(17) The buyer shall be bound by the provisions of laws, decrees and systems in force.

Section 3: Terms and Conditions of Sale and Purchase

(1) The display by the site of the cooked food and products shall be deemed to be a call for contracting from the legal aspect and the contract of sale of cooked food or products shall be concluded once the buyer accepts the conditions of sale publicized by the site, provides the purchasing order and the availability of cooked food or products had by the site.

(2) The sale process shall be done online according to the availability of the cooked food and products had by the site. Consequently, the buyer shall exempt the site from any responsibility in case of unavailability of cooked food or products had by the site or in case the quantity has been run out of.

(3) cooked food or products shall be made available according to the specifications publicized on the sale page via the site. Consequently, the site shall not be bound to make available any items, types, characteristics or advantages that are additional after the delivery of cooked food or products to the buyer.

(4) The site shall not guarantee that cooked food or products satisfy all the expectations of the buyer upon eating them. Consequently, the buyer shall accept them in their conditions at the time of purchase.

(5) The site shall reserve the full property rights over the cooked food and products sold to the buyer until it receives the full price of the cooked food and products with the specified payment methods and receives the specified freight in case the shipment has a fee.

(6) In case of the performance by the buyer of all his obligations connected with payment and the inability by the site to deliver the products determined to be bought at the delivery date, the buyer may give notice to the site of the termination of the sale transaction.

(7) In case the site has satisfied all its obligations connected with the preparation of fish and products and the buyer has breached his obligation to pay, the site may give notice to the buyer in relation to the termination of the sale process or its suspension until the price is paid and the site shall be entitled to have recourse against the buyer judicially in case it has any damage resulting from the cancellation by the buyer of purchase.

(8) We might ask you at any time more verification including the full name of the buyer, his ID No, his address in detail, his phone No and other information we deem necessary for completing the process of sale and shipment of fish and products.

(9) The site shall reserve at anytime the right to refuse or to cancel the purchase orders in case we can’t make sure of the information and address of the buyer or in case of suspicion that the order might cause a deceptive danger to credit cards. 

(10) The site shall be entitled to cancel at anytime the sale process in case it sees that the sale order by the buyer is not serious.

(11) The site shall reserve the property of the content in relation to the cooked food and products, all images and visual files and shall enjoy their copyrights and the purchase by the buyer of the products shall not mean to allow him to use this content without our consent.

(12) In case the buyer buys quantities of cooked food and products for the purpose of selling them, the site doesn’t warrant the buyer’s ability to market these cooked food or the products or the extent of their marketability as well as getting profits from reselling them.

(13) The site excludes from its warranties, clauses and conditions any financial losses that might be connected with the buyer or the distorted reputation or any damages arising from the your misuse of products or the site and the site shall not incur any liability or claims in such cases.

(14) The site might be unavailable from time to time due to the acts of repair, maintenance or development and you agree that the site shall not be bound to provide the technical support at anytime.

(15) The site doesn’t warrant that technical defects will be repaired or that the site or its servers are free from viruses or anything else that is harmful or destructive and you know that the sites on the internet might be exposed to corrupt data or its unavailability or the delay of its appearance and you accept that.

Section 4: Assessments Policy

The site offers the service of assessment and the addition of the comments by the buyers after each purchase process for the purpose of providing better service to all our customers and is shall be stipulated in relation to the addition of comments what follows:

(1) The comments must be true, legal and expressive of the service provided to the buyer.

(2) It shall be prohibited to use illegal words or phrases during the assessment process.

(3) It shall be prohibited to use logos, names of sites or other applications, famous or unfamous trademarks during the assessment process.

(4) It shall be prohibited to make comparisons between our services and the services of our competitors in a way that makes a wrong to us or competitors.

(5) It shall be prohibited to make a wrong to the peoples, countries, cultures, society or any human, societal or religious values during the assessment process.

(6) It shall be prohibited to publish any advertisements or to promote goods or services through the service of assessment of our site.

(7) The site shall be entitled not to publish the comments in case they are illegal or untrue from our point of view.

(8) The site shall be entitled to delete any comments that have been published in case they breach the preceding provisions, any terms and conditions, the sale agreement or the privacy policy.

(9) The site shall reserve its legal right to resort to judiciary in case of making a wrong to us through the service of comments.

(10) The third party to whom a wrong was made through the service of comments shall be entitled to resort to judiciary against the buyer who has added the illegal comments without having recourse against us.

Section 5: Payment Policy

(1) The price of the cooked food and products shall be paid in Emirati dirhams according to the provisions of the Emirati Consumer Protection Law.

(2) The buyer has to have access to the prices of cooked food or the products and to take the final decision in relation to the sale transaction before payment and the buyer knows and agrees that these prices are final.

(3) The buyer shall be bound to pay the prices of the cooked food or products he decided to buy via the site with the payment methods approved by us.

(4) Methods of Payment Approved By Us: The buyer can pay the price of the fish or products with one of the following methods:

  1. Cash on delivery.
  2. Electronic payment via the electronic payment means available via the site or our online applications.

(5) The amounts paid by the buyer to the site shall be final and may not be modified either in increase or decrease and they may not be recovered except with the consent of the site.

(6) The buyer incurs all the fees and governmental taxes connected with the use of the site or his entry into online sale transactions including all the taxes levied on products and the added value tax.

Section 6: Shipment Policy

(1) Shipment shall be done by us and also we may enter into contract with shipping companies in the future. In this case, our shipment policy shall apply to the shipping companies.

 

(2) The buyer shall be bound to pay the price of the cooked food or products he ordered (in case he didn’t pay with the electronic means) in addition to the freight (if any) once he receives the cooked food or products upon delivery.

(3) The buyer undertakes to examine the cooked food or the products before signing their receipt from the shipping representative and he declares that his signature of the receipt is deemed to be a conclusive evidence that fish or the products are free from any apparent defects.

(4) Shipment shall be done within the period determined by the site to the buyer or determined by the shipping company and which is calculated on the basis of the distance between the buyer and the place of the seller institution.

(7) The site shall not be liable to the buyer for the delay of the product delivery date in case of the occurrence of any emergency beyond control including but not limited to force majeure such as floods, storms, acts of warfare, public events etc.

(8) In case of the delay by the site of delivering the sold products due to force majeure in a way that clarifies that the delivery of the sold products at the determined delivery date isn’t possible, the site shall inform immediately the buyer of these circumstances and provide the buyer with a new delivery date.

(9) During the delay period, the liability of the buyer shall cease in relation to payment until the circumstances of force majeure are treated and thereafter the payment obligations shall be performed by the buyer.

(10) The buyer undertakes to treat the shipment representative well and to incur all the legal liability for any personal fault done by him against the shipment representative. Also, the site relieves itself of the liability for any personal faults committed by shipment representative against the buyer.

(11) In case of the refusal by the buyer of receiving the cooked food or products from the shipping representative in spite of their correspondence to the publicized specifications, here the buyer shall be deemed to have received the products constructively and he shall be bound to pay their price and freight (if any) amicably or judicially.

Section 7: Return Policy

For our dear customers, we present you the policy of refundability or exchangeability of the cooked food and products to ensure that you get a high quality service and the process of refundability or exchangeability shall be done according to the following standards.

(1) The site shall entitle the buyer to request the refundability or exchangeability of the cooked food or products within 15 mints  from the time of this receipt of the cooked food or products from the site.

(2) The site shall accept the refundability or exchangeability of the cooked food and products in some cases:

  1. Fault connected with the delivery of the ordered type.
  2. The delivery of cooked food that is not fresh.
  3. The occurrence of any error by the administration of the shop belonging to us.

(3) The buyer shall not be entitled to request the refundability of the cooked food or products in any case after the lapse of 15 min from the time of his receipt of the cooked food or products.

(4) The cooked food or products desired by the customer to return or exchange must be in the conditions in which the buyer received within 15 mint

(5) The site shall review the refundability request submitted by the buyer and as a result shall assess the extent of fault. In case we see after examination that the buyer’s request in not true and that the cooked food and products are in a good conditions. Hence, the site shall reject the refundability of the cooked food or products. Consequently, the buyer shall not be entitled to claim any sums of money he paid from the site.

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