Terms & Conditions

1. INTRODUCTION

 

1. These terms of sale (the “Terms of Sale”) set out the terms and conditions on which all current and future products (the “Products”) are supplied to you as a buyer (the “Client”) on eqwep.com (the “Site”). The owner and operator of the Site is EQWEP, a limited liability company registered in the United Arab Emirates under license number, with its office located at Concord Tower, Media City, Dubai in the UAE (the “Company”).

 

2. Please read these terms carefully before you submit your order via the Site. By placing an order on the Site, you are agreeing to be bound by these Terms of Sale with immediate effect.

 

2. ORDER ACCEPTANCE AND PAYMENT

 

1. Order Acceptance.Our acceptance of your order will take place when we notify you of our acceptance in writing (e.g. by email or mobile messaging). If we are unable to accept your order, we will inform you of this in writing or through a call and will not charge you for the ordered Product.

 

2. By placing an order, you authorise us or our third-party payment processer to process your credit/debit card details for the amount of your order. We accept payment by,
   1. credit/debit card;
   2. via Postpay (an amount not exceeding AED 10,000)
   3. Bank Transfer (you need to complete the payment within 3 days of receiving the temporary order confirmation email) into the following bank account:

Bank Name: Emirates NBD

Branch: Jebel Ali Branch Dubai UAE

Beneficiary: EQWEP TRADING DWC LLC

Account Number: 1015843354101

IBAN Number: AE330260001015843354101  

BIC Code/Swift Code : EBILAEAD

4. Paypal
   
   

3. In order to authorise credit/debit card payments, we may be required to create an account for you with our third-party payment processors, including accepting their standard terms and conditions and submitting your details to them on your behalf. You hereby authorise us to do so and we shall not be liable to you for any damage or loss you may incur as a result.

 

4. We may remove or add cards or other payment methods that we accept at any time without prior notice to you.

 

5. Cancelling Order.You may cancel your order within 1 hour of placing it.

 

6. Our Cancellation.We may cancel your order(s) if:
   1. you do not make any payment to us when it is due;
   2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
   3. you do not, within a reasonable time, allow us to deliver the Products to you; or
   4. order(s) not being capable of fulfilled due to Product(s) not being available.
7. The Company reserves the right to refuse to accept instructions from the Client, and/or to discontinue the provision of Products and/or to terminate the agreement by written notice without giving any reasons in the event that:

 

1. the Client fails to comply with the present terms, or fail to pay any due amount, or the information given is found to be incomplete, inaccurate, false, untrue or misleading;

 

1. the Client or its businesses are associated with money laundering, terrorist activities and/or transactions with jurisdictions with UN embargos or activities on any other watch lists for illegal activities;

 

1. the Client is suspected to be involved in any criminal or other illegal activity, whether fiscal or otherwise, in any jurisdiction, or convicted of a criminal offence (except minor offences/infractions);

 

1. the Client is declared bankrupt or are the subject of an investigation by government, professional, regulatory or statutory body in any jurisdiction.

 

3. DELIVERY OF YOUR ORDER

 

1. Delivery Costs.We offer free delivery on all Products.

 

2. Delivery Date.Delivery will occur within 1-3 working days from date of purchase of the Products.

 

3. Acceptance of Delivered Products. After delivery the Company will hold no responsibility against the damages of the Products.

 

4. Delivery Delays:
   1. If our supply of the Product is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay.
   2. If no one is available at the Client’s address to take the delivery, the delivery will be rearranged at the sole expense of the Client.
   3. If after a failed delivery further to the above and without rearrangement of a new delivery, the Company shall contact the Client. If, despite the Company’s reasonable efforts, the Company is unable to contact the Client or rearrange delivery or collection, the Company shall cancel the concerned order and charges will apply.

 

5. ID Requirement / OTP Upon Delivery.We may, at our sole discretion, make any inquiry we deem necessary to verify your identity and/or ownership of your financial instruments by requesting that you provide us with further information or documentation, including, but not limited to requesting a form of identification or OTP to be retrieved from the shipping in process email. If we are unable to verify or authenticate any information you provide, we have the right to refuse delivery and cancel the order.

 

6. Title to Products.A Product will be considered owned by you and your responsibility from the time we deliver the Product to the delivery address, and you have paid for the Product.

 

7. We will issue an electronic invoice for your purchase and send such an invoice to the email address you provided to us.

 

8. Return Requests: You can place a return request by signing into your Eqwep account and clicking on ‘My Returns’. If the following conditions are not adhered to by the customer, we reserve the right to reject the return request
9. i) Item to be returned with the original documents and packaging
10. ii) The item should not have been installed

iii) It has to be in perfect condition

1. iv) Customer has 10 days from the date of purchase to proceed with the return.

 

9. Contacting Us.You may contact us by clicking on the WhatsApp icon on the site or request a call back with our sales expert.

 

10. Refund Procedure.Your refund will be initiated once your Product is received back in our regional distribution center and inspected by our team, and the final refund will be received by you as follows:
    1. If you paid by credit / debit card, we will issue a refund to your source of payment and it should reflect in your bank account within 5 to 12 working days.
    2. if you paid by Postpay, the refund will be issued by Postpay to your account within 7 to 10 days
    3. if you paid by Bank Transfer, we will issue a refund to your bank account within 3 working days
    4. If you have cancelled your order before shipping, we will issue a refund to your source of payment if you used a credit / debit card and it should reflect in your bank account within 5 to 12 working days. If you paid by Postpay, the refund will be issued by Postpay to your account within 7 to 10 days

 

11. We provide installation services with certified plumbers who have years of expertise in the field. The terms of business will be as follows:

 

1. 1 year warranty on the installation service from date of installation
2. Paid Installation option is available on selected Products only
3. Entry permit to be handled by customer prior to installer being called on the premises
4. The installation fee is not inclusive of the removal of the existing Products
5. If there’s a cancellation of the agreed slot or customer didn’t allow installer to get in the premises at agreed date and time, the customer will be charged Dhs 99 for the next slot of installation
6. Removal of old items to be replaced like bathtubs, sinks, shower mixers, wash basins etc will not be the responsibility of EQWEP
7. Based on the site condition and if installation requires extra parts or Products to complete the installation, this will be charged on the customer directly by the installer

 

4. DEFECT OR DAMAGE TO YOUR PRODUCT

 

Warranty. Eqwep warranty policy helps you stay covered in case of factory defects in material, design and workmanship after purchase of the Product.

Products	Years of Warranty from date of purchase
Bathroom furniture	2 years
Wash Basins	5 years
Toilets	5 Years
Automatic Shower Toilets	2 Years
Taps	5 Years
Showers	5 Years
Bathroom Accessories	5 Years
Bathtub and Shower Trays	2 Years
Flushing Cisterns & Plates	2 Years
Kitchen Taps	5 years
Kitchen Sinks	5 Years
Kitchen Accessories	5 Years
Toilet Seat Covers	2 Years
Flexible Hose	2 Years
Stop Valves	5 Years
Floor & Shower Drains	2 Years

1. Warranty Not Applicable.The warranty does not apply in the following circumstances:
   1. if a repair has been attempted by any service center not authorized by the Product seller; physical damage i.e. Product presenting clear signs of damage like, heavy dents, bent Products, that can prevent a Product from functioning properly
   2. if the serial number is removed from the Product;
   3. for maintenance and periodic checks of purchased Products;
   4. where there has been abuse or misuse of the Product e.g. by not using it for its intended purpose or not in accordance with manufacturer’s instructions on usage and maintenance;
   5.  
2. Warranty Claim.You may contact us through Whatsapp on the Site

 

 

5. WARRANTIES, REPRESENTATIONS & UNDERTAKINGS
   1. You warrant, represent and undertake that:
      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;
      2. you have full power and authority to enter into these Terms of Sale, and make payment in accordance with these Terms of Sale; and
      3. if you purchase a Product on behalf of a business entity, you represent that you are authorised to act on behalf of such business and bind the business to these Terms of Sale.

 

6. LIABILITY
   1. Nothing in these Terms of Sale shall limit or exclude a party’s liability:
      1. for fraud, including fraudulent misrepresentation, perpetrated by that party;
      2. for death or personal injury caused by the negligence of that party; or
      3. for any other liability that cannot be limited or excluded under applicable law.

 

2. Subject to clause 4.1, in no event will we, our parent company, subsidiaries and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in relation to these Terms of Sale for loss of profits, loss of data or information, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.

 

3. In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
   1. supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it or making payment as required;
   2. damages that may result from the unauthorized repair of the Product;
   3. loss of any saved/stored data in Products that are either repaired or replaced;
   4. reliance by you on the content or other information provided on the Site with respect to the Product you order;
   5. your use of or your inability to use the ordered Product;
   6. delays or disruptions to our Site or our services;
   7. viruses or other malicious software obtained from the use of the ordered Product;
   8. damage to your hardware device from the use of your ordered Product; or
   9. your loss of or inability to do business or similar as a result of our inability to deliver the Product to you.

 

4. Subject to clause 5.1, if clauses 4.3, 5.2 or 5.3 are held to be unenforceable or inapplicable for any reason, then the total liability (including legal fees) applicable to us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors, to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms of Sale shall be limited to the lesser of, a) the price the Product sold for on our Site and its original and return shipping costs; or b) AED 300.

 

5. You agree to indemnify and hold us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors harmless from and against any losses, damages and expenses (including legal fees and attorney’s fees) arising out of or relating to:
   1. any claims or demands made by any third party due to or arising out of your use of the Site and our services;
   2. your violation of any of provisions of these Terms of Sale, including, without limitation, any of the warranties, representations and undertakings; or
   3. your violation of any applicable laws.

 

6. The Company shall not be liable for any failure to perform any obligation hereunder to the extent such failure is caused by a Force Majeure Event. In case of a Force Majeure Event, the Client shall still be liable to pay to the Company all due fees for the Products that have been provided prior to the Force Majeure Event.

A Force Majeure Event shall operate to excuse a failure to perform an obligation hereunder only for the period of time during which the Force Majeure Event renders performance impossible or infeasible and only if the Party asserting Force Majeure as an excuse for its failure to perform has provided written notice to the Client specifying the obligation to be excused and describing the events or conditions constituting the Force Majeure Event. As used herein, “Force Majeure Event” means the occurrence of an event or circumstance beyond the reasonable control of the Company failing to perform, including, without limitation, (a) explosions, fires, flood, earthquakes, catastrophic weather conditions, pandemic, or other elements of nature or acts of God; (b) acts of war (declared or undeclared), acts of terrorism, insurrection, riots, civil disorders, rebellion or sabotage; (c) acts of federal, state, local or foreign governmental authorities or courts; (d) labour disputes, lockouts, strikes or other industrial action, whether direct or indirect and whether lawful or unlawful; (e) failures or fluctuations in electrical power or telecommunications service or equipment; and (f) delays caused by the other Party’s non-performance hereunder.

 

 

7. GENERAL
   1. Governing Law.These Terms of Sale and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of Dubai.

 

2. Dispute Resolution:
   1. If you are not satisfied with any Products that you have purchased using our Site, you should contact us through Whatsapp on the Site
   2. If you are unable to resolve your issue under clause 6.2 (a) within forty-five (45) days of notifying the seller of your issue, any disputes or claims arising out of or in connection with these Terms of Sale, including any non-contractual rights or obligations arising out of or in connection with these Terms of Sale shall be referred to and finally resolved by the Courts of Dubai.
3. Third Party Rights.A person who is not a party to these Terms of Sale has no right to enforce any of its term.
4. Relationship of the Parties.Nothing contained in these Terms of Sales will be deemed or construed by the parties or any third party to create the relationship of partnership or joint venture between the parties, it being understood that the parties will at all times remain independent parties contracting for services.
5. Further Assurances.The parties will do and execute or arrange for the doing and executing of each necessary act, document and anything reasonably within its power to implement and give effect to these Terms of Sale to its full extent, including, without limitation, assisting each other in complying with applicable law.
6. These Terms of Sale will be binding upon and ensure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Sale or any of your rights or obligations under these Terms of Sale, whether directly or indirectly, without first obtaining our prior written consent, such consent not to be unreasonably withheld.
7. Entire Agreement.These Terms of Sale and the documents referred to or incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Sale and the documents referred to or incorporated into these Terms of Sale by reference, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied.
8. These Terms of Sale cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these Terms of Sale at any time and from time to time. We will post the current version of these Terms of Sale on the Site and each such change will be effective upon posting on the Site or upon the date designated by us as the “effective date” (if any). Your continued use of the Site and our services following any such change constitutes your agreement to be bound by and its acceptance of these Terms of Sale as so modified.
9. If any provision of these Terms of Sale is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms of Sale and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.
10. Force Majeure.Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or services to us, labour disruptions, blackouts, embargoes).
11. No Waiver.Any waiver by us of any of the provisions of these Terms of Sale will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.
12. All provisions that either expressly or by their nature survive, will survive suspension or termination of your membership of the Site.