Please read these terms of sale carefully.
By using the website you expressly agree to these terms of sale before you place an order for products from our website.
In these terms of sale, “we” means Desado L.L.C. (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(3) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
(i) you must be a registered member of the website
(ii) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout
(iii) you must select your preferred method of delivery and payment method
(iv) you must provide your shipping address, as well as your payment details in case you use a prepayment option
(v) you must submit your purchase
(vi) we will then initially acknowledge your purchase on a web page saying “thank you for your order”
(vii) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The languages in which we provide these terms of sale is English for the English version of the website and in Arabic for the Arabic version of the website once these versions become available to the public.
(4) The products
The products offered on the website are home furniture, home décor and home design items as well as other items which are related to design, handcraft, or arts.
(5) Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.
In addition to the price of the products, additional custom fees might apply if your purchase has to be shipped across borders. These fees are not charged by us and will therefore have to be paid directly to the courier.
Payment must be made upon the submission of your order or in case of Cash on Delivery upon delivery of your order by the courier service provider. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
Payment for all products must be made by one of the payment methods provided in the checkout section of the website from time to time.
Prices for products are liable to change at any time, but changes will not affect contracts that have come into force.
(6) Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete;
(c) you will be able to accept delivery of the products.
(7) Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 21 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.
If you experience any problems with a delivery, please contact us by email to email@example.com, by telephone on +971.4.4518112 or through our website.
If our delivery service provider is unable to deliver your products, and such failure is your fault, then we may agree to arrange for re-delivery of the products, providing that we reserve the right to charge you for the actual costs of re-delivery (even where the initial delivery was free-of-charge).
An indicative list of the situations where a failure to deliver will be your fault is set out below:
- you provided the wrong address for delivery;
- there is a mistake in the address for delivery that was provided;
- the address for delivery is not reasonably accessible;
- the address for delivery cannot safely be accessed; and
- there is no person available at the address for delivery to accept delivery and provide a signature.
(8) Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
(9) Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
(11) Limitations and exclusions of liability
(a) limit or exclude our or your liability for death or personal injury resulting from negligence;
(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation;
(c) limit any of our or your liabilities in any way that is not permitted under applicable law; or
(d) exclude any of our or your liabilities that may not be excluded under applicable law.
(a) are subject to the preceding paragraph; and
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage
(12) General terms
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts, which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section (12): these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with the law in the United Arab Emirates, and the courts of Dubai, United Arab Emirates, will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
(13) About us
Desado FZE (registered address: SAIF Zone, Executive Suite R6-43/B, P.O. Box 121083, Sharjah, United Arab Emirates) owns the website desado.com and its subdomains. Products will be delivered and invoiced by Desado L.L.C. (registered address: P.O. Box 112827, Dubai, United Arab Emirates)