By accessing this Site you confirm your understanding of the Terms and Conditions, and you agree to be bound by these Terms and Conditions. Do not continue to use realcart.me if you do not agree to take all of the Terms and conditions stated on this page.
1. ABOUT OUR SITE
The Site is an e-commerce platform that allows enterprise users to offer and sell products, and individuals and enterprise entities to buy products.
We reserve the right to introduce new Services and update or withdraw any of the Services, in our sole discretion, and we will not be liable to you for exercising this discretion.
2.1 In order to register as a buyer or seller and benefit from the Services you will be required to meet the following eligibility criteria.
2.1.1 If you are a buyer, you must be above the legal age for purchasing products in the UAE and have a valid address in the UAE for delivery of products.
2.1.2 If you are a seller, you must: (i) Have a legal entity duly registered in your jurisdiction; (ii) Have a current trade license; (iii) Provide proof of authorisation for the individual who will be registering and using the Site and identification for the authorised person; (iv) Provide supporting bank details; (v) VAT Registration certificate (if applicable) and (vi) Acknowledge and agree that for certain product categories, additional requirements might be applicable.
2.2 In order to register to the Site, you will need to provide us with certain information. Your registration to the Site may not be accepted if you do not provide us with the required information. We reserve the right to decline any registration without further explanation. We reserve the right to undertake such checks as are necessary to verify the information provided.
3.USING OR ACCESSING SERVICES
3.1 When using or accessing the Services, you confirm your agreement that you will: 3.1.1 Be responsible for maintaining the confidentiality of, and restricting access to and use of your account and password, and accept responsibility for all activities that occur under your account and password;
3.1.2 immediately notify us of any unauthorised use of your password or account or any other breach of security;
3.1.3 provide true, accurate, current and complete information about yourself and your use of the Services as required by us;
3.1.4 not disclose to any third party (except as required or requested by us) a user’s information provided to you; and
3.1.5 cooperate with our requests for additional information with respect to your eligibility and usage of our Services.
3.2 When using or accessing the Services, you confirm your agreement that you will not:
3.2.1. post, list or upload content or items in inappropriate or prohibited categories or areas on our Site, including: content or items that may be considered culturally, politically or religiously offensive in any way; or which may not be considered to be in compliance with general local law, Islamic law, rules, morals, values, ethics and traditions; or that may threaten national security; or which may constitute or be considered to promote gambling; products or services that to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Site user’s interest or health; securities, including shares, bonds, debentures, or any other financial instruments or assets of any description; non-transferable vouchers; weapons of any kind and chemicals.
3.2.2 breach or circumvent any laws, third party rights or our systems, policies or determinations of your account status;
3.2.3 post items you do not have a right to link to or include;
3.2.4 fail to pay for items purchased by you, unless you have a valid reason as set out in any of our policies;
3.2.5 post stolen or counterfeit items;
3.2.6 mail to deliver items sold by you (if applicable), unless you have a valid reason as set out in any of our policies;
3.2.7 manipulate the price of any item;
3.2.8 hamper any other user’s listings;
3.2.9 post false, inaccurate, misleading, deceptive, defamatory or similar content;
3.2.10 use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another Site;
3.2.11 transfer your account to another party without our prior written consent;
3.2.12 retrieve or otherwise collect information about users without their consent; or circumvent any technical measures we use to provide the Services.
3.2.13 distribute or post spam, unsolicited or bulk electronic communications or similar;
3.2.14 Violate or attempt to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorised to access; (b) distributing viruses or any other technologies that may harm take any action that may undermine the Site’s feedback and ratings systems; (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (d) attempting to interfere with our Services or the interests or property of other users, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (e) sending unsolicited email, including promotions and/or advertising of products or Services; or (f) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
3.2.15 infringe: the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights” ) that belong to or are licensed to us; or any Intellectual Property Rights that belong to third parties;
3.2.16 use our Services if you no longer fulfil the eligibility criteria or are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our Services;
3.3 We reserve the right to recover the cost of products, collection charges and lawyers’ fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these Terms and Conditions.
4.1 We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases wherein the price of an item is not displayed correctly on the Site. We cannot confirm the price of a product except after ordering. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
4.2 If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit/debit card account. No cash disbursement shall be made under any condition whatsoever.
5. ORDER ACCEPTANCE
5.1 We may require additional verification or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
5.2 In the event that the Site accepts your order, the same shall be debited to your credit card account and duly notified to you by email.
5.3 For your convenience, you will not be charged until your payment method is authorized.
5.4 The payment may be processed prior to our dispatch of the product that you have ordered.
6.1 You are required to check the product description carefully before placing an order. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
6.2 All orders are shipped out directly by our vendor or third party deliveries. Delivery is normally door-to-door but there may be instances where this is not possible due to courier company limitations or local laws.
6.3 If a recipient’s information such as name or address is found to be incomplete or incorrect, we may attempt to find the correct address and to complete the delivery, but we assume no responsibility for our inability to complete delivery under such circumstances. If the address is incorrect, or if delivery can’t be completed, then a surcharge for extra cost will be imposed to the customer.
6.4 Delivery costs may be calculated on weight and size of the product, shipment scheme or the location you are shipping to.
6.5 Additional delivery fees may be applicable for one order if products from multiple vendors are included in that order.
6.6 It is your responsibility to ensure that you are present at time of delivery.
7. ORDER CANCELLATIONS
7.1 We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
7.2 Limitations on quantities available for purchase inaccuracies or errors in product or pricing information, problems identified by our vendors or problems identified by our fraud protection team are some situations that may result in the order being cancelled, additional verifications or information may be requested before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit/debit card has been charged, the said amount will be reversed back in your credit/debit card account. No cash disbursement shall be made under any condition whatsoever.
7.3 In the event that a cancellation request from you is duly received by us and the order has not been processed/approved by us, we shall cancel the order and refund the entire amount to your credit/debit card.
7.4 Orders that are cancelled after they have been shipped may be subject to a cancellation fee to be deducted from your refund for shipping and processing. We have the full right to demonstrate whether an order has been shipped or not. You agree not to dispute the decision made by us and accept our decision regarding the cancellation.
8.1 We only replace items if they are found to be defective or damaged and the damage can be determined as either present prior to purchase or due to a fault with the product.
8.2 If you feel you have received a faulty or defective product, please email us at email@example.com or contact us at +971557929711 for further instructions.
8.3 Items may only be exchanged within 7 days from purchase or delivery date.
8.4 Consumable goods are not eligible for exchange.
8.5 Electronic devices, hygienic items, and jewellery are not subject to any exchange, unless they are found defective and returned within 7 days from the purchase or delivery date.
8.6 To be eligible for an exchange, your item must be presented with their complete box “as new” with inside packing, and all accessories sealed (i.e. in re-sellable condition).
8.7 To complete your exchange, we require a receipt, proof of purchase or return packing slip.
8.8 If the returned item is used, damaged, or missing any parts, or is damaged during return shipping because it wasn’t packaged correctly, some sellers may provide a partial refund to account for the loss in the item’s value.
8.9 All electronic items shipped are designed to work on particular voltages. If you do not have facilities to operate on the required electricity voltage, then use of the equipment is at your own risk. We will not accept back any products that have been damaged due to use with faulty electrical sources.
8.10 For the avoidance of doubt, the Company, at its sole discretion, will have the final say on whether the items are truly found defective and eligible for exchange.
9. CREDIT/DEBIT CARD INFORMATION
9.1 We reserve the right to refuse to accept a Credit/Debit Card or, in such case the transaction is accepted, cancel the transaction, at our sole discretion, as part of our own fraud detection and prevention.
9.2 The Credit/Debit card details provided by you for benefiting from the services on the Site will be truthful, valid and accurate and you shall use the Credit/Debit card which is lawfully owned by you, i.e. in a Credit/Debit card transaction, you must use your own Credit/Debit card. The said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any Credit/Debit card fraud. The liability for use of a card fraudulently will be on you and the responsibility to prove otherwise shall be exclusively on you.
11. COPYRIGHT & TRADEMARK
11.1 We, our suppliers and licensors expressly reserve all intellectual property rights whether registered or unregistered for information content on the Site and all the Site design, including, but not limited to, text, graphics, images, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software. The entire contents of the Site also are protected by copyright as a collective work under UAE copyright laws and international conventions. All rights are reserved.
11.2 Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of the Site’s or any third party’s intellectual property rights.
11.3 All product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g. all capital letters), (collectively, “Marks”) are trademarks owned by or licensed to us unless otherwise noted.
11.4 You agree that you have no right to use any of our trademarks without our prior written consent.
11.5 Any links or references to other Internet Sites (“hyperlinks”) contained on the Site are provided by us merely as a convenience to you and other users of the Site, and The Company is not responsible for the content or operation of any such linked sites, or liable, directly or indirectly, for the privacy practices or the content of such linked sites. Any hyperlinks to such linked Sites should no way be construed as an endorsement, sponsorship, recommendation or promotion by us as to the content, representations, accuracy, products or Services found or otherwise described in such linked Sites. If you decide to link to any such third party Sites, you do so entirely at your own risk.
11.6 All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use.
11.7 You may not copy, reproduce, republish, modify, distribute, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, use for commercial purposes any of the materials and make available to the public, or otherwise use the Site content in any way except for your own personal, non-commercial use. You further agree not to adapt, alter or create a derivative work from the Site content except for your own personal, non-commercial use. Any other use of the Site content is strictly prohibited and requires a prior written permission from us. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.
11.8 All software used on this Site is our property or our suppliers and protected by international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us, one of our affiliates or by third parties who have licensed their materials to us and are protected by international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is our exclusive property of and is also protected by international copyright laws.
12. DISCLAIMER OF WARRANTIES
12.1 You expressly acknowledge and agree that use of the Site and it’s services is entirely at your own risk and that the Site and services are provided on an “as is” or “as available” basis, without any warranties of any kind.
12.2 The Company makes no representations or warranties of any kind, express or implied, as to the operation or performance of the Site, the quality of services or the information, content, materials, or products included on this Site. To the full extent permissible by applicable law, the Company disclaims all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that the Services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the product.
12.3 The Company makes no warranties or representations about the accuracy or completeness of the Site’s content or the content of any third party Sites linked to the Site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii)personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site and service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Site, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the Site or the service.
12.4 Product information accessed through this Site is obtained from claims made by the product’s manufacturer/supplier. Whilst we attempt to be as accurate as possible, we do not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. The colors of our products that appear on the Site will be displayed as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. At times, manufacturers/suppliers may alter their labels so actual product packaging and materials may contain different information than that shown on our Site, thus we cannot guarantee or ensure the accuracy, completeness or timeliness of any product information. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, ingredients, nutritional guides and dietary/allergy advice and directions before using or consuming a product. The Company assumes no liability for inaccuracies, misstatements about products or defects in any of the listings. If you are a seller, it is your responsibility to review the content of your listings for accuracy and you will not attempt to hold our catalogue/content providers or us responsible for inaccuracies.
12.5 Customer reviews are provided for informational purposes only. Customer reviews reflect the individual reviewer’s results and experiences only and are not verified or endorsed by the Site.
12.6 To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof.
12.7 As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
12.8 The Company makes no representations or warranties that the Site is appropriate for use in other locations.
12.9 Those who access or use the Site from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
13.1 You warrant, represent and undertake that:
13.1.1 you shall fully comply and will at all times continue to fully comply with all applicable laws, statutes and regulations, including, without limitation, all privacy laws and content regulation;
13.1.3 any laws, rules, regulations or governmental guidelines to which you are subject to; or
13.1.4 any other agreements to which you are a party to or to which you are otherwise bound by;
13.1.7 any information you submit including but not limited to comments, questions, suggestions or other information submitted by you to the Site (user content) as part of your use of the Services and any products that you list is original and is not contrary to morality, is defamatory or inflammatory, contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”,
or that may otherwise breach common decency or be contrary to law, will not cause injury to any person or entity and does not violate the rights of any third party anywhere in the world including, without limitation, any Intellectual Property Rights (whether registered or not)
13.1.8 you hereby grant us a perpetual, irrevocable, non-exclusive, royalty-free, transferable right and license to use such user content however we desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such user content and/or incorporate such user content into any form, medium or technology throughout the world, without any further recourse to you and without compensating you in any way and you hereby waive any moral rights in such user content. The Site is and shall be under no obligation (1) to maintain any user content in confidence; (2) to pay to user any compensation for any user content; or (3) to respond to any User Content.
13.1.9 you grant us the right to use the name that you submit in connection with any user content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content you submit. You are and shall remain solely responsible for the content of any user content you submit and you agree to indemnify the Company and its affiliates for all claims resulting from any user content you submit. The Company and its affiliates take no responsibility and assume no liability for any User Content submitted by you or any third party.
14. LIMITATIONS OF LIABILITY
14.1 Nothing in these Terms is intended to affect your rights under law. The use of the Site or any of the services or products is at your own risk, and unless otherwise stated in these Terms, you assume full responsibility and risk of loss resulting from your use of the Site or any of the Services or Products.
14.2 To the fullest extent permitted by law, you agree to indemnify and hold the Company, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of the Site or any of the Services, your non-compliance with applicable laws or regulations in the jurisdiction in which you are accessing the Site or the Services, or any action taken by us as part of our investigation of a suspected violation of these Terms or as a result of our finding or decision that a violation of these Terms has occurred.
14.3 You agree to defend, indemnify and hold harmless Realcart.me, the Company and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any breach by you of these Terms.
14.5 In no event will the Site, the Company or its affiliates be liable for any damages in excess of the amount paid by you towards the price of the product in respect to which the claim arose. You hereby release us from any and all obligations, liabilities and claims in excess of this limitation.
14.6 Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Site or the service or any links on the Site, as well as by reason of any information, opinions or advice received through or advertised in connection with the Site or the service or any links on the Site.
14.7 These limitations shall apply to the fullest extent permitted by law. As far as the law allows, you specifically acknowledge and agree that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.
15.1 You agree to indemnify and hold us, our Company and affiliates and our directors, officers, agents, employees, suppliers, subcontractors or licensors harmless from and against any losses, damages and expenses (including legal fees and attorney’s fees) (“Claims”) arising out of or relating to:
15.1.1 any claims or demands made by any third party due to or arising out of your use of the Services;
15.1.3 your violation of any applicable laws, including, without limitation, data protection or anti-spam laws; or
15.1.4 the manner in which you use our Services, including, without limitation, that the content you post, the items you list or your trademarks infringe the Intellectual Property Rights of any third party or that the content of your listings is slanderous, defamatory, obscene or violates any other rights (including privacy rights) of any third party (including other Site users).
16. SUSPENSION & CANCELLATION
16.1 We reserve the right to correct any errors or omissions in the Site and to improve the contents at any time without notice. If you rely on the Site and any materials or Services available through it, you do so entirely at your own risk. Furthermore, we reserve the right to alter, limit or discontinue the provision of any of the Services contained in this Site at any time without prior notice to you.
16.2 Without prejudice to any of our rights and remedies and without any liability to you, we may cancel any product(s) order and/or remove hosted content submitted by you at our sole discretion or limit, suspend or terminate a user’s access to the Services, without notice, for any conduct that the Site, that the Site in its sole discretion, believes is in violation of these Terms or any applicable law or is harmful to the interests of the Company or a third party. Notwithstanding such termination or suspension, you will continue to be subject to clauses 11, 12, 13, 14 & 15 of these Terms.
16.3 Except as otherwise expressly stated in these Terms, The Company shall not be liable to you or to any third party for any modification, termination, suspension or discontinuation of the Site.
17.2 The Site does not regularly review posted user content, but does reserve the right (but not the obligation) to monitor and edit or remove any user content submitted to the Site.
17.3 You understand that by using this Site or any Services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that the Company and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable.
17.4 If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other Terms of these Terms shall remain in full force and effect. The failure of the Company to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit the Company’s rights with respect to such breach or any subsequent breaches.
17.5 Your unauthorised use of this Site may give rise to a claim for damages and/or be a criminal offence.
17.6 You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of your use of this Site.
17.7 A reference to the Site in these Terms includes the Site URL www.realcart.me and any successor Site URLs.
17.9 These Terms and Conditions and any non-contractual rights or obligations arising out of or in connection with it shall be interpreted and governed by the laws in force in Dubai, United Arab Emirates. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Dubai and to waive any objections based upon venue.
17.10 Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Dubai, UAE in English and governed by Dubai law pursuant to the Rules of Commercial Conciliation and Arbitration of 1994 (Dubai), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Dubai and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
17.15 If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and us with respect to the Website sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Website sites/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
17.16 The Company shall be not held liable for any delay or failure in performance of any part of these Terms from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, pandemic, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, political unrest, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or Services of other persons or transportation facilities, acts of any of our subcontractors or any third party providers of goods or Services to us or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slowdowns over the Internet or any third party Internet service providers.
17.18 All provisions that either expressly or by their nature survive, will survive suspension or termination of your membership of the Site.
Thank you for your cooperation. We hope you find this Site helpful and convenient to use.
In case of any questions, please feel free to contact us at firstname.lastname@example.org.