PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

WEBSITE USE Terms and Conditions:

Welcome to www.harwalshop.com.

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.

By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least [18] years of age.

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Website use

HGT the intellectual property rights on the website and material on the website, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website;

Restricted use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without HGT’s express written consent.

User comments

In these terms and conditions, “your user comments” means material (including without limitation text, images, audio material, video material, ideas, suggestions, proposals, plans, or other materials) that you submit to us, for whatever purpose.

You grant to HGT a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user comments in any existing or future media.  You also grant to HGT the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user comment must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or HGT or a third party (in each case under any applicable law).

You must not submit any user comment to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

HGT reserves the right to edit or remove any material submitted to this website, or stored on HGT’s servers, or hosted or published upon this website.

HGT does not undertake to monitor the submission of such comment to, or the publication of such comment on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. HGT makes no representations or warranties in relation to this website or the information and materials provided on this website is complete, accurate or non-misleading, not warrant that this website will be constantly available, or available at all.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability and warranties

HGT will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website, for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

You agree that you will not bring any claim personally against HGT’s officers or employees in respect of any losses you suffer in connection with the using of the website.

you agree that the limitations of warranties and liability set out in this term will protect HGT’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as HGT.

Indemnity

You hereby indemnify HGT and undertake to keep HGT indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by HGT to a third party in settlement of a claim or dispute) incurred or suffered by HGT arising out of any breach by you of any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to HGT’s other rights under these terms and conditions, if you breach these terms and conditions in any way, HGT may take such action as HGT deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Assignment

HGT may transfer, sub-contract or otherwise deal with HGT’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Unenforceable provisions

A provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Variation

HGT may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

These terms and conditions, together with any policies or operating rules posted by us on this website or in respect to the service related to the website, constitute the entire agreement between you and HGT in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with UAE Federal laws and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Emirates of Dubai.

 

SALES’ Terms and Conditions:  

These Terms and Conditions govern the supply of goods sold by Harwal General Trading (HGT) FZE, (we and us) to our customer (you).

All orders placed by you and purchases of goods from us (whether in-store, by telephone, via our website or by such other means as we may permit) are on the basis of these Terms and Conditions.

By using this Site, you acknowledge that you accept and agree to comply with these terms and conditions of Sale (the “User Agreement”).

Once you use or become a member of the Site, it’s deemed that you agree with and accept this User Agreement and www.harwalshop.com ’s Privacy Policy (the “Privacy Policy”), as such information contains further terms and conditions that apply to you as a user of www.harwalshop.com. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.

Ordering

All orders placed by you and purchases of goods by you from us are subject to acceptance by us. We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.

Where we accept your order, we will supply goods that are in conformity with these Terms and Conditions.

Price & Payment

The price payable for the goods you order or purchase is as set out on our website at the time you submit your order or, if you order from one of our catalogues, as set out in the catalogue from which you order provided it is a current catalogue, plus any charges for delivery as advised to you. All prices include the current applicable VAT rate unless otherwise stated.

Catalogue prices are correct at time of going to press, and we reserve the right to update prices in future catalogues which will then supersede the prices in any previous catalogue.

Occasionally, we advertise goods at a promotional price; you must quote the relevant promotion code, otherwise you may be charged the full price.

Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavors to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.

We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.

By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorized to use it. By using PayPal, you confirm that the PayPal account being used is yours.

All credit/debit card holders are subject to validation checks and authorization by the card issuer. All PayPal payments are subject to authorization by PayPal. If the issuer of the card or PayPal refuses to authorize payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase or if PayPal charges you for making the order.

We recommend that you do not communicate your payment card details or PayPal details and password to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.

All credit/debit cards’ details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties, unless mentioned in the Privacy Policy.

If you are a trade customer, you are responsible for all orders placed by your employees and for any purchases made on cards issued to you and we are not bound by any individual order limit you may impose on your employees.

If you are a trade customer, you may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have.

We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from us to you.

The format of our invoice and statements to you will solely be dictated by us.

Delivery, Shipping & Title

Confirmed delivery / shipping dates are fixed, unless stated otherwise. We reserve the right to postpone delivery / shipping in the case of force majeure for a reasonable period. The Buyer deemed to have inspected the Goods before signing the delivery note.

Before placing your order, please refer to the delivery / shipping options set out on our website and in our catalogues to ensure that we can deliver / ship to your address. A valid signature may be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. Any discrepancies defects or missing parts must be indicated on the Goods’ delivery note within a week from the delivery /collection date.

For reasons of health and safety and to avoid any property damage, items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location.

Unloading of Goods from trucks at the Delivery site is the sole responsibility of the Buyer. The Buyer is expected to provide suitable equipment for unloading the Goods.

We will not provide any unpacking, installation, fitting or waste removal services upon delivery unless otherwise agreed by us in writing.

You must do all that you reasonably can to enable delivery / shipment to take place at the given time and place. If you delay delivery/shipping, or delivery/shipping fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery/shipping date within 30 days of the failed delivery date, and the cost of any re-delivery / re-shipping shall be borne by you, and we shall be entitled to claim refund of any costs and expenses associated therewith (including but not limited storage fees. Required storage fees shall be borne by the buyer at 1% of total value of Goods per month starting from the fixed delivery/shipping date. This shall not affect any other claims). In such case If we are unable to arrange a date for re-delivery/re-shipping we may decide to cancel your order and refund to you the paid price for the goods, less the failed delivery/shipping costs.

 All the risks of accidental deterioration, flaws/damages of Goods arising from consequential storage for delayed in delivery for your failure shall pass to you.

Without prejudice to clause above, upon delivery/shipping of the goods to you or collection of the goods by you, the goods shall be at your risk and responsibility. In spite of delivery/shipping or collection, ownership (also known as title) in the goods shall not pass to you until you have paid the price for the goods in full. Until title in the goods passes from us to you, you shall:

  • not be entitled to use the goods;
  • safely hold the goods for us;
  • return the goods to us immediately if we ask you to; and
  • be liable to us for any loss, damage or destruction of the goods.

Store Collection // Collection Point

The “Collection” service is available on all goods marked as available for “Store Collection” on our website and in our catalogue. Acceptance of your order and the formation of a contract between us will take place when we hand the purchased goods over to you at the “Collection Point”. 

Before you place your order, you will be asked to confirm which “Collection Point” you wish to collect the item from. You must collect the item from the “Collection Point” you select. 

If your item is in stock at the “Collection Point”, we will aim to ensure that it is available for collection (during store opening hours) after we receive your order and successfully process your payment.

Items are available for collection only during normal opening hours for the relevant “Collection Point” as set out on our website (see www.harwalshop.com /contact us for details of opening hours and locations).

We will carry out an in store verification before you can collect your goods. If you have paid by credit/debit card, you must bring the card with you when you collect your goods. If you have paid by PayPal, you will be informed at the time of the order what you need to bring with you to collect your goods.

Availability

All goods are subject to availability. While we endeavour to hold sufficient stock to meet all orders and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available. Where goods are out of stock, we will refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.

The refund will be at the same means of your payment mode.

Manufacturer’s Warranties & Guarantees

Some of our goods are sold with a manufacturer’s warranty, guarantee or similar assurance (please see the relevant product description on our website for further details). Any complaint, query or claim under a manufacturer’s warranty, guarantee or similar assurance must be made direct to the manufacturer and we do not have any responsibility or liability under or in connection with any such warranty, guarantee or assurance.

Any manufacturer’s warranty, guarantee or similar assurance applies in addition to your any rights as a consumer.

All the Goods are warranted for manufacturing for 12 months ex works, unless another period of warranty has been agreed.

To make any warranty claim, the Buyer shall report the defect by registered letter within one month of its discovery, and before the end of warranty period.

In the event of failure of our Goods, we may at our discretion and at our own choice, repair or replace the defective Goods free of charge.

The warranty covers removal and transport costs, for defective and repaired/replaced Goods. The warranty does not cover damages to the Goods:

  1. that were caused by improper use or installation or storage; intervention on, maintenance of, or manipulation of the installation by unauthorized
  2. that has been subjected to Buyer’s failure to follow safe operational
  3. due to normal wear and tear or for changes in design conditions, or local environmental conditions, or due to fire or Force Majeure circumstances.

Faulty Goods 

Where the goods are being returned because they are faulty or incorrect, we will meet the cost of return delivery but we ask that you allow us to nominate the carrier. Your right to return goods in these circumstances will be as per the terms of the warranty provided by us. 

Cancellation, Returns & Refunds

Cancellation 

After you placed the order, your order begins to process and you cannot make any online changes to your order.

To change or cancel your order prior to shipment, you must contact customer care. Please note that many orders process quickly and can enter the shipping process within minutes. If your order has already entered the shipping process, it cannot be changed or cancelled.

To exercise your right to cancel, you may inform us of your decision to cancel by phone or email using the contact details. You shall be entitled to use the model cancellation form to cancel your order, as it will be applicable, i.e. you are cancelling because of any defects with the goods, and you should notify us of the defects at the time of cancellation.

Occasionally, orders or parts of an order are cancelled by our system for various reasons.

Some reasons are:

  • Item(s) not available.
  • Difficulty in processing your payment information.
  • Cannot ship to address provided.
  • Cancelled due to a customer request as set out in this terms and conditions.

If your order is cancelled, you will receive an important notice regarding your order via e-mail which will explain the reason for the cancellation. You will not be billed for any cancelled items. If you are interested in alternative products, please contact Customer Care by e-mail for a recommendation

On cancellation for whatever reason, where you have received the goods you must return the goods to us (together with the original packaging) without undue delay and in any event within 14 days after the day of the cancellation at your cost, unless we agree that you may dispose of them, in which case please comply with the manufacturer’s instructions before disposing of hazardous goods. You must return goods with all components and also any promotional items received (including free gifts) or discounted additional products. For more information on the ways in which you can return the goods you have received, please contact us. You can return certain goods by post from your local Post Office and larger goods by our carrier pick up service. We may charge a fee for the carrier pick up service; the amount of the fee will depend on the good(s) returned.

Refunds

For any cancellation as per the terms and conditions herein set out, we will refund you the price paid for the cancelled order (or part of the order cancelled). Where you cancel the entire order, we will not refund the standard delivery charges (or an amount equal to the standard delivery charges if you elect to use a more expensive delivery method) paid. Where you cancel part of an order, we will not refund the delivery charges. We will pay the refund within 14 days after the day:

  • you notified us to cancel your order, where you have not received the goods; or,
  • we receive the goods you returned to us, where you are in receipt of the goods; or
  • you provide us with a proof of return for the goods, where you have returned the goods but we have not yet received them.

We will refund you using the same means of payment as you used to pay for your order or purchase. For Paypal purchases we will provide customer credit.

We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use includes handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods

Your right of cancellation does not apply to goods that are cut or mixed to your requirements, made to measure, made to order, made to your specifications or clearly personalized (for example, made to order radiators, pre-assembled kitchens, mixed paint, keyed alike and master keyed locks or embroidery goods). Boilers which have had the product box/packaging opened cannot be returned for refund or credit.

Liability

Our liability is limited to the manufacturing defects in goods supplied by us, we hereby exclude any and all other warranties of merchantability or fitness for a particular purpose. In no event shall HGT be liable to Buyer or any other person in respect of any loss, accidental, special or consequential injury or damage (including loss of profits or anticipated profits, economic loss, loss of the other property or equipment, loss of production, loss of profits or injury to persons or property or any special incidental indirect or other consequential loss or damage, whether due to negligence, deliberate conduct or any other cause, and whether arising under contract, tort, under statute or in any other way), Which may be suffered or incurred directly or indirectly as a result of or in any way connected with the goods or the use of the goods.

Goods are intended for use in the UAE only and we confirm that the goods comply with laws, regulations and standards applicable in the UAE. All goods are sold in accordance with the manufacturers’ specifications and are subject to the qualifications, representations or instructions contained in the documentation associated with the goods.

Events Beyond Our Control

We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).

Contact Details

If you wish to make an order, cancel or discuss your order, or make a complaint with respect to your order, please find all the details on https://harwalshop.com/support/.  Calls may be recorded for quality and training purposes.

Privacy Policy

When you provide us with personal information (whether purchasing from us or registering with us or otherwise) by doing so you agree to our Privacy Policy in its entirety (available at www.harwalshop.com/privacy-policy).

Miscellaneous Clauses

Any agreement affecting the execution of this Terms must be in writing.

We will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.

This General Terms and Conditions of Sale, as well as all our business relations with our Clients/you, and contracts are governed exclusively by UAE Federal laws.

If one of the clauses above or part of one of the clauses above be legally invalid, validity of the other clauses of this General Terms & Conditions remains unaffected.