Terms and conditions for the user's use of e-commerce services
- Who are we?
The website / e-commerce platform of Express Souq, (www.esouq.com) is your gateway to electronic purchases of products and services from various retailers / retailers in the United Arab Emirates and the State of Iraq.
- Terms and conditions of use of the website
- The establishment of a user account ("user account") on the website for the purpose of using the website / e-commerce platform is conditional on: (a) the user's approval of these terms and conditions for the use of the website;(b) The approval of www.esouq.com (Express Souq) To create such a user account and that such consent is not unreasonably blocked.
- The blocking of the use of the website and / or the termination of the use of the website may be stopped if the user committed any violation or that the user has committed a violation of these terms and conditions for the use of the website.
- Users must protect their user name and password to access the user account. Users shall be liable for any damage or fraud incurred by Express Souq as a result of unauthorized access to the user account resulting from a violation by the user of this obligation.
- Users must refrain from attempting to interfere with or obstruct the services provided through the host of the website or the network. Such attempts include but are not limited to placing a virus on the website, uploading, dumping, or destroying the website.
- Users must refrain from using the Website by any means to send an e-mail regarding the Website or the name of the Website and to refer to it or impersonate it in order to defame / defame the Express Souq Company or using any other person’s name, naturally or morally, or to announce any wrong news or information and to attribute it to Express Souq Company.
- Express Souq has the right to modify or update these Terms and Conditions for the use of the Website from time to time in order to respect the typical practices of the Sector and to comply with the applicable legal / regulatory requirements. Users are encouraged to visit this paragraph in order to view any amendments to these Terms and Conditions for the use of the Website. Amendments to these terms and conditions for the use of the Website shall be deemed to be effective from the date of their publication by Express Souq on the website.
- Applicable Law and Dispute Resolution: Any dispute or claim arising out of or relating to the use of the Website or an electronic purchase by the User shall be governed by and construed in accordance with the laws of the United Arab Emirates. Such dispute shall be resolved exclusively by the competent courts of the Emirate of Dubai.
- Express Souq will not Store, sell, disclose or lease credit card data, debit cards, prepaid cards and personal information of user to any third parties.
- Unlike the above, Express Souq may disclose user-specific personal information that he or she has provided in order to create or use the User Account for third parties contracted by Express Souq for the purpose of providing electronic payment gateway services and the implementation and collection of electronic payments.
- Pricing items / products / services
Pricing for products / items that are marketed on the website may vary depending on the type of products / purposes. Users must visit the website when necessary to inquire about the latest pricing.
- Payment method / accepted card types and currency
Express Souq accepts the electronic payments with Visa, MasterCard / Debit cards / prepaid cards in UAE Dirhams and US Dollars.
- Delivery and shipping policy
- Express Souq delivers the products / items sold to the users through the website to their home addresses by mail within 7 days of the electronic purchase of the products / items or to the user-specified user address when creating the user account, through the company's express shipping company that provides delivery service on behalf of Express Souq.
- Merchants / sellers who offer products / services through the Website will not deal with and / or provide any products or services through the website of any of the countries subjected to penalties of OFAC, the Office of Foreign Assets Control, as per laws in the United Arab Emirates.
- Multiple shipments may result in multiple restrictions on the monthly disclosure of the user / cardholder.
- Cancellation / return / refund / replacement policy
- Cancellation / Return: The user can return a product / purpose purchased through the website within three (3) days if it does not match the product / item purchased on the website (and if the product / item is the same as the one requested from Before by the user) provided that the product / item is intact and in the same condition as it was received in the original packaging is not damaged.
- Refund: The delivery and shipping charges are deducted from the purchasing price of the returned product / item and the remaining balance is refunded to the user. The user shall be exempted from delivery and shipping charges if the returned product / purpose is not identical to that displayed on the website or is defective. Refunds are only made via the original payment method.
- Warranty: All products / items that are sold to users through the website will benefit from the warranty of hidden defects for one year which is provided by merchants / sellers. However, some products / items may benefit from the warranty of hidden defects for a shorter or longer period depending on the special warranty provided by the concerned merchant / vendor and may be described in the description of the product / purpose on the website. In the absence of any special warranty on the website for a particular product / item, the warranty of hidden defects for one year which is provided by the merchant / seller shall apply.
- Replacement: Replacement is not allowed. The User may only request refunds / refunds for a particular product / item purchased through the Website and in accordance with the terms of return / refund described above.
Provisions for the use of the merchant / vendor for the platform
- Express Souq Services:
We provide both platforms for website and mobile application to enable merchants / sellers to sell products / items / services to users of www.esouq.com
EXPRESS Souq provides Technology and services (for example: managing purchases, collection and execution of payments, customer service center and customer complaints follow-up) All services require Service Fees to be paid to Express Souq.
Your use of the platform and services as a merchant / vendor will be at your own risk. EXPRESS Souq shall not bear any risks related to your products / purposes / services of any kind. You shall bear the express or implied warranties of the effect of the applicable law, custom, trade, manner of dealing or otherwise (including without limitation, those related to the quality, performance, suitability or suitability of the items or your towards Who buys your products / items / services through Express Souq platform.
- Dealer / Dealer Account:
Performing the registration procedures as a merchant / vendor on the platform will result in the creation of a merchant account on the platform ("merchant / seller account").
If you choose or get provided with a user name, password or other information within our security procedures, you must keep such confidential information and not disclose it to any third party. We may at any time deactivate any user name or password, whether or not chosen by you, if we reasonably believe that you have failed to comply with any provision of these Terms. You must refrain from registering under the wrong name and impersonating any other merchants / vendors by entering the login / password (s) of another trader / vendor's password. This fraudulent behavior is punishable by the law.
You agree to provide Express Souq of any relevant information may be required by Express Souq for the purpose of establishing and using a merchant / seller account.
- Undertakings and representations of the merchant / seller
- The merchant / seller undertakes to use the platform and services only for legitimate purposes in a lawful manner and in accordance with the laws applicable in the United Arab Emirates.
- You undertake not to post any misleading information about your products or brands on the platform. In case you breach this obligation, the electronic purchase that has been contracted between the merchant / seller and the user of Express Souq will be considered canceled. You are not entitled to claim the remaining balance of the purchase price of the product / item mentioned on the platform after the services charge has been deducted. You acknowledge that, if the remaining balance is credited to your bank account, the remaining balance will be credited to Express Souq Customer If the customer considers the electronic purchase automatically canceled.
- In this case, we will refund the service fees to Express Souq user and you will incur shipping / delivery costs related to the delivery of products / items other than those that you have marketed on the platform. In addition, EXPRESS Souq has the right to immediately suspend / cancel your merchant / seller account and report your misconduct to the competent government / judicial authorities in United Arab Emirates.
- If you deliver a defective product / item to a user of Express Souq, you will have to refund the remaining balance of the purchase price of the product / item on the platform after deducting the service fee from it to the user of Express Souq. In this case, you will bear the freight / delivery costs related to the defective product / item returned. We will refund the service fee to Express Souq and you undertake to provide this hidden defect’s guarantee to Express Souq Customer for a period of one year from the date of the electronic purchase / request, unless you agree with Express Souq to provide a special guarantee for users of Express Souq for a longer period on certain products / item as advertised on the platform.
- You acknowledge that during the first three (3) days of the electronic purchase date on the platform, the user of Express Souq is entitled to cancel such electronic purchase without any reason by returning the product / item purchased on the platform, and that you will receive the remaining balance Of the purchase price of the product / item of the refund after deducting the service fees from the user of the Express Souq. After deducting the shipping / delivery costs associated with the returned product / item, we will refund the service fee to Express Souq user.
- You acknowledge that refunds to users of Express Souq will only be done through the original payment method.
- You acknowledge that you are responsible for packaging the products / items before connecting them to the users of Express Souq in a safe, correct and appropriate manner for the nature of the concerned products / item and in accordance with the industry best practices.
- You undertake not to deal with or provide any products or services through the Platform for any of the countries subjected to penalties by the OFAC (Office of Foreign Assets Control) and in accordance with the laws of the United Arab Emirates.
- You undertake not to engage in any unfair trade practices during the sale of products / items / services on the platform.
- You recognize that hazardous health and safety products will be covered by additional warranties as may be required by applicable laws in the United Arab Emirates and international standards for health and safety.
- In addition, you will be responsible for selling products that may pose a risk to individuals and property. EXPRESS Souq has the right to refuse any marketing of prohibited products / purposes / services on the platform.
- You acknowledge that you are responsible for any infringement of third party intellectual property rights of any kind that may result from the posting of your marketing materials on the platform.
- In addition, Express Souq reserves the right to remove your advertisements from the platform and report them to government / judicial authorities in the United Arab Emirates, and in this case, Express Souq has the right to suspend / cancel your merchant / seller account.
- By withholding any other rights and remedies that may accrue to Express Souq and acclaimed by law or otherwise, you acknowledge that Express Souq has the right to:
- Hold any funds belonging to you in accordance with the said provisions
- You are required to pay compensation for losses or damages incurred by Express Souq and / or the customers of Express Souq.
- You are required to pay a contract indemnity of AED 100,000 (one hundred thousand Dirham only) immediately to the Express Souq if you: (a) show that your product / item is not original or Has been renewed and / or forged; and (b) any fraudulent conduct has been identified.
- Service fees
- You undertake to pay a service fee that is eligible for Express Souq in exchange for the services provided by Express Souq.
- When purchasing the product / item / service through the platform by a user of Express Souq, you must pay the services of Express Souq (% Of the sale price) and not less than five (5) dirhams per product / item / service. The percentage of the selling price is determined for each category of products / items / services as described in the "Service Fee List" published on the platform. You can view sales reports for each calendar month through your merchant / seller account. The report shows the remaining balance of each purchase made through the platform by a user of Express Souq and the purchase price of the product / item / service (published on the platform) after the service charge (the remaining balance for each transaction) Electronic purchase ").
- The remaining balance of each electronic purchase of the total electronic purchases made within one month shall be collected and released to a merchant account on the platform every thirty (30) calendar days (provided there is no dispute or claim by the Express Souq user on the electronic procurement process through the platform). After that, the trader / seller may at any time request the transfer of such balance to the merchant’s bank account (specified in the merchant account). Express Souq will undergo the requested bank transfer within seven (7) working days of receipt of the transfer request from the merchant / seller.
- The commitment of Express Souq in relation to the fund transfer is by transferring funds received by Express Souq on your behalf after deducting the fees for the specific services/products you are required to purchase in accordance with these provisions, which may be subject to repayment of payments or reverse electronic payments as a result of successful claims from the users of Express Souq and in accordance with these provisions.
- Express Souq will be authorizing by the merchant / seller to collect the fees for the services/ products due to each electronic purchase from the user of the Express Souq on the platform by maintaining the amount of the fees for the designated services as specified above in the Express Souq bank account in which the electronic payments are made and collected.
- Seller / Merchant shall incur any applicable taxes in accordance with the laws of the United Arab Emirates of any kind in connection with the products / items / services sold through the platform of EXPRESS Souq. The merchant / seller will do their best to resolve any disputes regarding payments in an amicable manner. In the event of a where a friendly solution between the parties is not possible, then, the dispute regarding the payments shall be settled by the competent courts of the Emirate of Dubai.
- Trader / seller confirmations
- The merchant / seller confirms that:
(i) the merchant / seller has the authority and licenses, approvals, authorizations, intellectual property rights, approvals and licenses for the products / items / services offered through the platform to users of Express Souq and authorization to sell and market products / items / services in the United Arab Emirates;
(ii) Products / items / services comply with UAE quality and safety standards and international quality and safety standards;
(iii) The Merchant / Seller is solely responsible for any products / items / services marketed or distributed / sold through the Platform and any infringement on any rights / distribution’s rights or contracts that are attributable to any third party arising from such marketing / distribution / sale;
(iv) Marketing and selling products / items / services through the Platform will not violate any applicable laws / laws of the United Arab Emirates.
- Intellectual property rights
You are licensing Express Souq to use, copy, distribute and disclose to third parties any content, logos, logos, materials or images of products you publish on the platform (ensuring that you are authorized to grant such license). The license you give us is not exclusive and we do not have to pay any royalty fees.
We do not grant you any license to use any intellectual property rights owned by Express Souq. Intellectual Property Rights owned by Express Souq on the date of establishing a merchant account, will remain owned by Express Souq. Any new intellectual property rights created by Express Souq during the term (as defined below) in respect of the Platform and / or the Services shall be owned by Express Souq.
EXPRESS Souq and Sellers/Merchants shall not disclose to any third party confidential information in any form ("Confidential Information") relating to this Contract or information delivered by the other party as part of the execution of this Contract or on the occasion of execution of the Contract. This duty of confidentiality shall remain after termination of this contract and for an unlimited period. The Express Souq may disclose confidential information to users of Express Souq who are considered to be bound by this duty of confidentiality.
- Duration and Termination
This contract shall enter into force on the date of creation of a seller / merchant account and shall remain in force for an unlimited period unless terminated. Express Souq’s has the right of termination of this Contract at any time at its sole discretion without the need to review the Judiciary and after giving the termination notice to the Merchant / Seller of ten (10) days prior to the date of termination specified in the Termination Letter.
When your contract is terminated, your merchant / seller account is canceled.
The termination of this contract shall not affect any rights or obligations arising on either party prior to termination. In addition, the termination of this contract shall not affect the entry into force of any provision of this contract which shall take effect or remain in force on or after the termination of this contract.
- Applicable law and competent judiciary
This contract is governed by the laws of the United Arab Emirates.
Any dispute arising out of or relating to the establishment, interpretation, execution or termination of this Contract shall be adjudicated by the competent courts of the Emirate of Dubai.
- Applicable law and competent judiciary
(A) Contract unit
These provisions and provisions of the Platform constitute the full agreement between the parties on the provision of Express Souq’s services to the merchant / seller, which prevails over any previous understandings or agreements in this regard, whether oral or written.
Any notice concerning this contract must be sent in writing and in English for each of the following addresses:
- Express Souq at: email@example.com
- For merchant / seller: Referred to the address mentioned in the merchant / seller account.