Privacy policy

TERMS & CONDITIONS – NORTHWELL LIMITED

 

Northwell Limited’s Terms and Conditions is a legally binding agreement between the User of the website ("you", "your" or "User") and Northwell Limited (“Seller”) hereinafter individually referred to as “Party” and collectively as “Parties”. If you continue to browse and use this website you are agreeing to comply with and be bound by the terms and conditions of use, which governs the relationship between you and the Seller. Please read these terms and conditions carefully before proceeding with the use of our services as they affect your rights and liabilities under the law.

 

The Terms and Conditions may be updated and/or changed from time to time without any prior notice to the User. Any posted changes are effective immediately. Your continued use of this website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, Northwell Limited grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. Northwell Limited encourages all of its users to review these Terms and Conditions periodically.

 

  1. APPLICATION OF TERMS AND CONDITIONS

 

Your use and access to this website and making a purchase, placing an order or otherwise shopping on the website (collectively, the "Site") are governed by all terms related to these Terms and Conditions and any other rules and policies of the site that Northwell Limited may publish from time to time. Meanwhile, regarding your purchases and transactions on the Site, the Terms and Conditions between you as a buyer and Northwell Limited will be binding upon you.

 

  1. THE USE OF THE SITE

 

  1. By accepting these Terms and Conditions through your use or access of the Site, you represent that you are (a) a person with full legal capacity and able to form a legally binding contract, or in case you do not have a full legal capacity, that you received a consent from your parents or any other legal representative and therefore you are bound by these Terms and Conditions, and (b) permitted to receive any products. If you do not agree to (or cannot comply with) this Section, do not use this Site.

 

  1. All billing and registration information provided on the Site must be truthful and accurate. Each User shall be solely responsible for the information and content posted on the Site. Providing untruthful or inaccurate information constitutes a breach of these Terms and Conditions and the User is responsible for all damages caused to the Seller or to any other User or to any other third party.

 

  1. All materials, including images, text, illustrations, designs, icons, photographs, programs and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site. The Contents on this Site may be used only as a purchasing resource. Any other use, including the reproduction (except as noted above), modification, distribution, transmission, republication, display, or performance, of the Contents on the Site, without prior written permission from the Seller, is strictly prohibited.

 

  1. ELECTRONIC COMMUNICATIONS

 

  1. Electronic communication shall be the mode of communication, unless stated otherwise. Upon accessing or using our services, or sending e-mails to us, you are communicating with us electronically.

 

  1. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app or by posting e-mail messages or communications on the Site or any of our other modes of communication such as our Customer Case/Call Center etc.; and you hereby agree and confirm that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

 

  1. PURCHASING ON THE SITE, PAYMENT TERMS AND DELIVERY

 

  1. Each user understands that they may be presented with additional terms related to a specific purchase before the transaction has been confirmed (such as shipping terms for tangible goods). All prices are inclusive of VAT (wherever applicable) at the current valid rate, shipping costs, insurance, and other expenses.

 

  1. The Seller has the right to rectify the errors on the web page/portal, including any corrections in the price. In the event of a mistake in quoting the prices, or the product ordered is not available due to any reason, the Seller may cancel the order and notify the cancellation to the User. In case the payment was already transferred by the User, the Seller shall return the payment within ___ days or provide the User with an option to place a new order equivalent to the value of the initial purchase.

 

  1. If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price.

 

  1. Mode of payment to the Seller shall include the following: (Unless special terms of payments are not made in writing)

 

 

 

 

 

 

  1. Not all payment methods are available for all products that are sold on our website. The payment by credit card and cash on delivery are restricted to a certain product.

 

  1. The credit/debit card information supplied at the time of using the service is processed by the payment gateway of the service provider and is not supplied to us. It is the sole responsibility of the user of the service to ensure that the information entered in the relevant fields are correct.

 

  1. It is recommended that you take and retain a copy of the transaction for record keeping purposes, which might assist in resolution of any disputes that may arise out or usage of the service.

 

  1. In case the payment (when choosing Bank transfer, PayPal, Credit Card etc.) is not received by the bank account of the Seller within following 5 business days after placing the order, it shall imply the cancellation of the order.

 

  1. The goods will be delivered within the stipulated time as mentioned in the Site upon the receipt of payment by the Seller.

 

  1. In case that the product ordered is out of stock, the Seller shall extend the delivery time without the prior consent of the User.

 

  1. The Seller is not responsible for delay of the transportation or for delay caused due to the incorrect address of the User.

 

  1. Upon receiving the product, the User holds the sole responsibility to check whether the delivered product fully corresponds with the order placed. In case of any damages, missing content or a part of an order, you are obliged to write everything clearly to our Customer Service within ____days of the delivery.

 

  1. In case the User has any comments or thinks the content was damaged during the transportation he is obliged to report this to the courier immediately when signing the transport document.

 

  1. The Seller is not responsible for any damage caused by the transporter. The User is obliged to enforce the potential damage from the transporter and/or Courier writing the note in the transport documents signed right after the delivery. Further complaints will not be taken into consideration by the Seller.

 

  1. RECLAMATION POLICY

 

  1. DOA reclamation

 

In case of dead on arrival (DOA), you have the right to return goods within a period of ____ days. Product is considered as DOA if it shows symptoms of a hardware failure, preventing basic operability, upon its first use after unpacking the product from the box. If you believe that your product is DOA, please contact the Seller’s customer care executive/Centre within 24 hours of the delivery of the package. The Customer Care will provide you the shipping instructions to return the product to us immediately, in the same condition in which you receive it.

 

After receiving the DOA products, the Seller will determine and confirm whether the product is DOA and offer you one of the following options:

 

  • Replacement: The same product that you ordered will be shipped to you at the Seller’s expense.
  • Refund: You will be refunded completely including return shipping (excluding insurance).

 

  1. Delivered product reclamation

 

If you are making reclamation for receiving different product model than ordered, do not open nor use the delivered product. In that case you must contact the Seller’s Customer Care within next ____ calendar days from delivery of the product. You are obligated to contact the Seller’s Customer Care in written form. The Seller’s Customer Care will provide you the shipping instructions to return the product to us immediately, in the same condition in which you receive it, and at your own cost and risk.  If you do not send within the time-period specified herein, you will lose the right to return the product to us. You have a legal obligation to take reasonable care of the products while they are in your possession. You are responsible for all damages which will occur on the Product during your possession. The return package should include all package content and written details of the reasons for return.

 

The Seller after receiving the product will offer you the following options:

 

  • Replacement: The product that you ordered will be shipped to you at the Seller’s expense.
  • Refund: You will be refunded completely including return shipping costs (excluding insurance).

 

  1. RETURN POLICY

 

  1. You have the right to return the goods or replace it with another product for any reason within _____ days from delivery of the product. In the case of returns, the customers are obliged to return the goods to us in the same condition, not used, and original package as they arrived. Labels and all text on the labels as well as stamps from producers must be intact. You are responsible for all damages which occur on the product until the product is received by the Seller. If you fail to comply with this obligation, we may have a right of action against you for compensation.

 

  1. If the ordered product is returned in identical (undamaged condition), the Seller will refund a full amount of the purchase price to you. Open, used or products in impaired condition will be assessed additionally. Depending on their condition the refund will be proportionally reduced. Upon receipt of the returned product, we will fully examine it and notify you via e-mail/phone, within a reasonable period of time, whether you are entitled to a refund or a replacement as a result of the defect. If you are entitled to a replacement or refund, we will replace the product or refund the purchase price, using the original method of payment, subject to our discretion. Notwithstanding anything contained herein, the Seller reserves the right to make refunds after 30 days from receiving the sender's address on his own expense.

 

  1. WARRANTY AND REPRESENTATION

 

  1. The Seller provides for ____ months of warranty period, based on the product. However, we do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. This is not an insurance policy and should we deem that any fault has occurred as a result of misuse; accidental, deliberate or water damage, then the warranty will stand void.

 

  1. The terms of warranty shall not cover the following:

 

  • Replacements of accessories (batteries, headphones, charger, cables, CDs, memory cards etc.).

 

  • Damages and other consequences that can happen if the product is used inadequately and inappropriately. Clients are advised to take their time and read carefully the instructions for proper use of all products.

 

  • If products are stored improperly, and not according to manufacturer instructions.

 

  • Damages and other consequences that may come as a result of repairs or any other involvements from an unauthorized service Centre.

 

  • Damages and other consequences resulting from external influences (such as all kind of accidents or natural disasters).

 

  • Damages of waterproof devices caused by submergence in salt or chlorinated water.

 

  • Mechanical damages, damages caused by vis major, damages caused by not taking relevant care of the goods.

 

  • Damages which the customer was informed about before the delivery of the product.

 

  • Damages caused by using the product in unsuitable conditions.

 

  • Damages caused by water, provided the product is water resistant as provided by the manufacturer.

 

  • Damages caused by using a non-official supplement to the product, damages caused by non-professional assembly, or installation of unauthorized software.

 

The Seller is NOT liable in the case when the manufacturer or official service centre of the manufacturer refuses to accept the warranty from any of the reasons stated above. In the case of the warranty being declined, the manufacturer or services may offer for the repair of the product. In the case of refusal of the offer by you; the manufacturer has the right to require its administrative expenses to be covered by you. In case when the offer is accepted by you; you are obligated to pay a total cost of the repair to the manufacturer. Notwithstanding anything contained herein, the Seller shall not be liable for any act undertaken or performed by the manufacturer of the product.

 

  1. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

 

  1. Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. The Seller reserves the right (but not the obligation) to remove or edit any content posted by any User.

 

  1. The User shall be fully responsible for all Content added to the Site for their compliance with laws, rights and legitimate interests of third parties and the provisions hereof. The Seller shall not be responsible for any such Content.

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

All Intellectual Property Rights including, without limitation, all logos, trademarks, service marks, domain names, database rights, rights in design, rights in know-how, patents and rights in inventions and all other intellectual or industrial property rights in any jurisdiction in any information, content, materials, data or processes contained in or underlying this website and/or the service we provide belong to Northwell Limited. All rights of Northwell Limited in such intellectual property rights are hereby reserved.

 

  1. DISCLAIMERS

 

NORTHWELL LIMITED DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NORTHWELL LIMITED CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. NORTHWELL LIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE USER AGREES, UNDERSTANDS AND CONFIRMS THAT HIS/ HER PERSONAL DATA INCLUDING WITHOUT LIMITATION DETAILS RELATING TO DEBIT CARD/ CREDIT CARD/NET BANKING TRANSMITTED OVER THE INTERNET MAY BE SUSCEPTIBLE TO MISUSE, HACKING, THEFT AND/ OR FRAUD AND THAT THE SELLER HAVE NO CONTROL OVER SUCH MATTERS.

 

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

 

  1. LIMITATION OF LIABILITY

 

  1. We shall take utmost care to ensure that our Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, and sever related issues, this cannot be guaranteed. We may also occasionally/temporarily suspend or restrict our services to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

 

  1. The Seller shall not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control.

 

  1. Under no circumstances shall the Seller, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the service.

 

  1. Except as otherwise provided by law, in no event will Northwell Limited be liable to you for any indirect, consequential, exemplary, incidental or punitive damages. If we are in breach of these Terms and Conditions, we will only be responsible for any losses that you suffer to the extent that they are a foreseeable consequence to both of us. Our liability shall not in any event include any other loss or error.

 

  1. INDEMNITY

 

You agree to indemnify and hold Northwell Limited, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Northwell Limited, and also by any third party due to or arising out of or in connection with your use of the Site. Further, the User indemnifies the Seller for violation of any applicable laws, including, without limitation, data protection or anti-spam laws of the UAE.

 

  1. TERMINATION

 

Northwell Limited reserves the right to limit, terminate and deny the right to use or access the Site of any User for any reason whatsoever, at its sole discretion, including, but not limited to, infringing any third party's intellectual property right, breaching these Terms and Conditions, breaching the good manners, defame or affect or may affect the good name of Northwell Limited in any means and/or incurring any liability to Northwell Limited. Each User hereby also agrees that in no event shall Northwell Limited be liable to any User or any third party for any User's inability to use or access the Site.

 

  1. SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

  1. FORCE MAJEURE

 

We shall not be liable for any loss or damage or for any delay or failure in performance due to acts beyond our control whether or not such acts could reasonably be anticipated, including but not limited to acts of God, war like situations, government actions, earthquakes, cyclones, typhoons, outbreak of pandemic, and other natural calamities.

 

  1. GOVERNING LAW AND JURISDICTION

 

The Terms and Conditions shall be construed and interpreted in accordance with the laws of Dubai, United Arab Emirates. In the event of any dispute, controversy, or claim arising out of or relating to breach of these Terms and Conditions by the Seller, or the services of the Seller, their breach, termination, or invalidity thereof, the matter in dispute shall, in the first place, be referred in writing to the Seller by serving a 30 days’ notice. In the event, an amicable settlement has not been reached within such period, the dispute shall be referred to the Dubai Courts. The courts of Dubai, United Arab Emirates shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Terms and Conditions.