Terms of service

Customer Contract – Dukaan Wala

Dukaan Wala LLC, a company incorporated under the rules and regulations of Sharjah Media City – Free Zone Authority (Shams), Sharjah, United Arab Emirates (referred to herein as “DW”, “we”, “our” or “us”) operates the e-commerce website www.dukaanwala.ae and its related sub-domains, sites, services and tools (hereinafter referred to as “the Website”). The Website is provided as a service to you and is intended to allow you and other users to browse and order products (defined under para 4.1 of this Contract) and other goods or services offered for sale on the Website (“the Services”). DW reserves the right to delete, modify, or supplement the content of the Website at any time for any reason without prior notification, and will use reasonable efforts to include up-to-date and accurate information on the Website.

1. Introduction

1.1 These terms and conditions shall govern the sale and purchase of products through the Website.

1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on the Website.

1.3 This document does not affect any statutory rights you may have as a consumer.

2. Interpretation

2.1 In these terms and conditions:

1. "we" means Dukaan Wala
2. "you" means our customer or prospective customer, and "us", "our" and "your" should be construed accordingly.

3. Order process

3.1 The advertising of products on the Website constitutes an "invitation to treat" rather than a contractual offer.

3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3 of the Contract.

3.3 To enter a contract through the Website to purchase the Product(s) from us, the following steps must be taken:

a) You must add the Product(s) you wish to purchase to your shopping cart and proceed to check out;

1. If you are a new customer, you have the option of creating an account with us and logging in; or checkout as guest; or
2. If you are an existing customer, you must enter your login details;
3. To become a registered user or to submit an order for any Product on the Website as a guest, you must provide true, accurate, current, and complete in all respects information about yourself (including name, date of birth, email address, debit/credit card and other details) as requested during the account creation process or at the time of submission of the order on the Website as a guest.
4. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your personal computer or electronic or other mobile or wireless device, and you agree to accept responsibility for all activities that occur under your account or password. DW assumes no liability to any person for any loss or damage which may arise as a result of any failure by you in protecting your password or account. If DW has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability to us.

1. Once checked out, we will send a confirmation to you via email within 24 hours or less about the availability of the Product.
2. If the Product is available, a payment link will be sent to you where you must select method of payment i.e. Credit/ Debit Card and confirm your order and your consent to the terms of this document. This will confirm that the order has become a binding contract.
3. Please review our payment and security as well as shipping and delivery page for more information.

4. Products

4.1 The following types of Products are or may be available on the Website from time to time e.g. ready-to-assemble furniture, beds, tables, chairs, desks, dressers, cupboards, sofas, upholstered furniture and any other furniture products etc (hereinafter referred to as “the Product{s}”).

4.2 DW has made every effort to display as accurately as possible the colors of our Products that appear on the Website. However, as computer monitors vary, DW cannot guarantee that your monitor’s display of any colour will be accurate.

4.3 DW attempts to be accurate in its product descriptions. However, DW does not warrant that Product descriptions or other content of this Website is error-free.

4.4 We try our best to deliver the Product(s) as they appear on the Website, but we do not guarantee exactness of the finish or appearance of the Product(s) ordered by you through the Website. We disclaim any guarantees of the exactness of the finish or appearance of the Product(s) ordered by the user over and above generally acceptable standards of the same. All pictures and colours on the Website are illustrative and may not be exact.

4.5 We may periodically change the Products available on the Website and we do not undertake to continue to supply any particular Product or type of the Product.

5. Pricing

5.1 Our prices are quoted on the Website.

5.2 We will from time to time change the prices quoted on the Website, but this will not affect contracts that have previously come into force with the customer.

5.3 In the event that a Product is listed at an incorrect price due to an error in pricing, DW shall have the right, at DW’s sole discretion, to refuse or cancel any orders placed for that Product. In the event that a Product is mispriced, DW may, at DW’s discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

5.4 All amounts stated in these terms and conditions or on the Website are stated non-inclusive of Value Added Tax (‘VAT’).

5.5 In addition to the price of the Products, you will have to pay a delivery charge depending on the order value and the delivery location, which will be notified to you before the contract of sale comes into force. Please review our Shipping & Delivery section of this Contract (Section 7).

6. Payments

The payment process:

6.1 You must, after the product availability confirmation email, pay the prices of the Product(s) you order via our payment link.

6.2 For orders below 200 AED, a 100% upfront payment is required following the above confirmation.

6.3 For orders above 200 AED, You must make a payment of 50% of the total price after VAT following the above confirmation. The remaining 50% will be paid upon the delivery of the products by DW to you.

6.4 Payments may be made via the debit and credit cards.

6.5 If you fail to pay to us any amount due in accordance with the provisions of these terms and conditions, then we may withhold the Product(s) ordered and/or by written notice to you at any time cancel the contract of sale for the Product(s).

6.6 In the instance of using a credit/debit card, all credit/debit card payments are subject to validation by the issuer. If the issuer of your card refuses to authorise payment, DW will cancel your order and contact you for an alternative method of payment. DW cannot be held responsible if this should result in a delay in dispatching the Product(s) ordered by you.

6.7 All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of the terms and conditions under this Contract. By confirming your purchase at the end of the process, you agree to accept and pay for the Product(s) requested.

6.8 If you make an unjustified credit card or debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

1. An amount equal to the amount of the charge-back;
2. All third-party expenses incurred by us in relation to the charge-back including charges made by our or your bank or payment processor or card issuer.
3. All our reasonable costs, losses and expenses incurred in recovering the amounts (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
4. If your charge is later declined or reversed for any reason, you shall be responsible to DW for the full purchase price of the Product(s), along with any fees, interest or other charges incurred by DW in connection with the decline or reversal of the credit and debit card charges. Such payment of the reversed or declined purchase price plus all fees and/or other charges shall be made within 7 (seven) business days of the DW written notification.
5. DW shall not be liable to you if a transaction is not completed due to any limits on the use of your credit card, debit card or electronic funds transfer due to your agreement with your financial institution or by applicable law, or if a financial institution fails to honor any credit or debit purchase.

7. Shipping and Deliveries

7.1 Our policies and procedures relating to the shipping and delivery of the Product(s) are set out in this section.

7.2 We will arrange for the Product(s) you purchase to be delivered to the delivery address you specify during the checkout process.

7.3 We will use reasonable endeavours to deliver the Product(s) on or before the date for delivery set out in the order confirmation.

7.4 Delivery charges will be added to the online orders paid by debit and credit card.

7.5 Delivery charges relating to some logistic companies are available on our website and dependent on the company selected, products size, quantity and exact delivery location.

7.6 For DW to arrange to deliver the Product(s) that you have purchased to you, you shall be solely responsible for providing the correct and accurate postal details.

7.7 It is also the customers’ responsibility to ensure that they are available at the location at the agreed day and time. In the event that no one is available to accept the Products(s) from your end, the Product(s) will be returned to DW and the customer will have to bear additional charges (to be informed by our customer care team) for the second delivery attempt. Please note that any misinformation on the part of the customer regarding address and location that adds delays in the delivery will not be our responsibility.

7.8 DW is not responsible for any delays in the shipping of your ordered and purchased Product(s), lost or missing Product(s) or the incorrect delivery of the Product(s) to you, which is due to your fault or due to inaccurate, false or incomplete information provided by you.

7.9 Please note that unless otherwise stated on the Website, delivery dates are just estimates. They are not guaranteed delivery times and may differ despite our best efforts.

7.10 Where we are unable to carry out a delivery or are unable to complete any services for any reason which is beyond our reasonable control in accordance clause 19 (Force Majeure), we shall attempt to notify you at the earliest opportunity to agree a solution.

7.11 We do guarantee that unless there are exceptional circumstances all deliveries of the Product(s) will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.

7.12 We will only deliver the Product(s) to the addresses on the UAE mainland.

7.13 We reserve the right to terminate any order and to suspend or terminate your delivery to the delivery location immediately and without notice to you if:

1. Breach any of the terms and conditions under this Contract.
2. Where you have failed to make payment to us in full accordance with these terms of sale, we shall be entitled to exercise any legal rights available to us to recover any sums due to us. This includes but is not limited to repossession of any goods in which we retain legal and beneficial title.

8. Acceptance, Risk and Ownership

8.1 Following a confirmation from us to you of a delivery date, you must ensure you or an authorised person is present on this day to receive the delivery of the Product(s) ordered by you at the delivery location.

8.2 Ensuring the availability of the authorised person for delivery is your responsibility. We shall not be liable for any failed delivery where you or the authorised person are unavailable to receive the Product(s) on the agreed delivery date.

8.3 If you are unable to accept delivery on the delivery date, you shall notify our customer support team as soon as possible and at least 24 hours ahead of the planned delivery date.

8.4 If you do not notify us in accordance with clause 8.3 above and we are unable to deliver the Product(s) to the delivery location on the delivery date, we reserve the right to charge a second delivery charge upon the rescheduling of a new delivery date.

8.5 The Product(s) you purchase from us will be at your risk from the time that they come into your physical possession, or the physical possession of a person identified by you to take possession of the Product(s).

8.6 Ownership of the Product(s) that you purchase from us will pass to you upon the later of:

1. delivery of the Product(s);
2. receipt by us in cleared funds of all amounts due in respect of the Product(s) (including delivery charges); and
3. signature of the customer confirming satisfactory receipt and acceptance.

9. Standard assembly and installation

9.1 Goods shall be delivered and installed by the staff of the logistic company delivering the Products(s) to You.

9.2 Goods shall be assembled and installed unless specifically instructed otherwise.

10. Returns Policy

10.1 You acknowledge and agree that all the Product(s) sold on the Website, are second hand and may show signs of wear and tear. As a result, all sales are final except in the event that / the Product(s) sold to you, are damaged prior to delivery which renders the Product(s) not being fit for purpose.

10.2 In the case of the Product(s) which are not fit for purpose, as described in clause 10, We will not charge you to collect the product(s), or we will reimburse the charges incurred to return the Product(s).

10.3 Should You opt for a refund in accordance with clause 10.2 the reimbursement shall be processed no later than after the day we receive your request for a refund.

11. Incorrect orders

11.1 In the unlikely event you receive an incorrect order due to our error, we shall make good by correcting the order, arranging collection and re-delivery to the delivery location at our cost provided that:

1. You notify us of the problem in writing at the address stated in the confirmation e-mail within seven (7) working days of delivery of the Product(s).
2. The Products(s) are in the same condition as when they were delivered to the delivery location.
3. We are able to collect the incorrect Products(s) from the delivery location within five (5) business days from when you notify us of the incorrect order.

12. Warranties and representations

12.1 You warrant and represent to us that:

1. you are legally capable of entering into binding contracts;
2. you have full authority, power and capacity to agree to these terms and conditions;
3. all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
4. you will be able to take delivery of the Product(s) in accordance with these terms and conditions and our delivery policy.

12.2 We warrant to you that:

1. we have the right to sell the Product(s) that you buy;
2. the Product(s) we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions; and
3. the Product(s) you buy will correspond to any description published on the Website.

12.3 All of our warranties and representations relating to the supply of Product(s) are set out in these terms and conditions.

12.4 the Product information accessed through the Website is obtained from claims made by the Product’s manufacturer/supplier. At times, manufacturers/suppliers may alter their labels so actual product packaging and materials may contain different information than that shown on the Website, thus we cannot guarantee or ensure the accuracy, completeness or timeliness of any product information.

13. Limitations and exclusions of liability

13.1 Nothing in these terms and conditions will:

1. limit or exclude any liability for death or personal injury resulting from negligence;
2. limit or exclude any liability for fraud or fraudulent misrepresentation;
3. limit any liabilities in any way that is not permitted under applicable law; and
4. exclude any liabilities that may not be excluded under applicable law and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

13.2 Our total liability to you shall not exceed 100% of the contract price paid to us for the Product(s) and/or services to which the liability arises.

13.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control in accordance with clause 19 (Force Majeure).

13.4 Nothing in these terms is intended to affect your rights under law. The use of the Website 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 Website or any of the services or Products.

13.5 By using the Website, you agree, to the fullest extent permitted by law, to indemnify and hold DW, its directors, managers, 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 Website or any of the services, your non-compliance with applicable laws or regulations in the jurisdiction in which you are accessing the Website or the services. You agree to defend, indemnify and hold harmless DW and its affiliates from and against all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the website or any breach by you of these terms.

14. Variation

14.1 We may revise these terms and conditions from time to time by publishing a new version on the Website therefore, DW encourages you to review the terms periodically for any such changes. It is your responsibility to carefully read, agree with and accept the terms and website’s privacy policy (the “privacy policy”) on each occasion you use the Website, and your continued use of the Website shall signify your acceptance to be bound by the latest terms. If you do not agree to (or cannot comply with) any of the terms, do not use the Website.

14.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision but will not affect contracts made before the time of the revision.

15. No waivers

15.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

15.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.

16. Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17. Third Party Rights

17.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

17.3 A party who is not a party to the Contract for the order of the Product(s) and/or Services shall have no right to enforce any terms and conditions of this Contract.

18. General

18.1 Except as otherwise expressly stated, DW owns/has control or has licensed the copyright, trademark and all other intellectual property contained in the Website, including but not limited to all text, images or links. All product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text are trademarks owned by or licensed to DW unless otherwise noted. The Marks on the Website are variously protected by the laws of the United Arab Emirates and other countries. No use of any of these Marks may be made without the prior, written authorisation of DW, except for the sole purpose of identifying the Products or Services originating from DW. DW expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of DW’s or any third party’s intellectual property rights. Access to this Website does not authorise anyone to use any name, logo or mark in any manner.

18.2 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 Website 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 Website content except for your own personal, non-commercial use. Any other use of the Website content is strictly prohibited and requires a prior written permission from DW.

18.3 DW may terminate or suspend your access to all or part of this Website, without notice, for any conduct that DW, in its sole discretion, believes is in violation of these terms or any applicable law or is harmful to the interests of the DW or a third party. Except as otherwise expressly stated in these terms, DW shall not be liable to you or to any third party for any modification, termination, suspension or discontinuation of the Website.

18.4 DW may use cookies, or other technologies, on this Website. Cookies are small files or records that DW may place on your web browser for collecting information about your activities on the Website, preparing reports, assessing trends, and otherwise monitoring the way in which the Website is being used. This is intended to enhance convenience for you, and to assist DW to run an efficient operation. By accepting these Terms, you confirm your consent to DW’s use of cookies, and other such technologies, for these purposes.

18.5 You are prohibited from violating or attempting to violate the security of the Website, 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) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, ”flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of Products or Services. Violations of system or network security may result in civil or criminal liability.

18.7 Your unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.

19. Force Majeure

19.1 We shall have no liability to you whatsoever for any and all delays in the delivery of the Product(s) or services or any other matters that our we are obligated/liable to provide, to the extent that the delay is due to any force majeure event.

19.2 In unforeseen circumstances such as poor weather, traffic congestion or full capacity, we may not be able to complete next day delivery.

19.3 Other force majeure events include but are not limited to acts of God, disease, epidemics, war, flood, fire, labour disputes, strikes, lock- outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

19.4 Should any force majeure event arise, we shall inform you as soon as reasonably practicable when we become aware of the force majeure event and where possible, provide timescales as to how long it is expected for the force majeure event is due to continue.

20. Entire Contract

20.1 These terms and conditions, together with our payment and delivery and shipping policy and our payment policy, shall constitute the entire contract between you and us in relation to the sale and purchase of the Product(s) and  Services and shall supersede all previous contracts between you and us in relation to the sale and purchase of the Product(s).

21. Laws, Jurisdiction and Dispute Resolution

21.1 These terms and conditions shall be governed by and construed in accordance with Judicial Authority Law of the UAE.

21.2 Each party agrees to attempt to resolve any disputes which it has with the other amicably but nothing under this clause is to prevent the exercise by any party of its other rights under this Contract.

21.3 If a party considers that a dispute has arisen it may notify (via email or letter) to the other party specifying:

(a) what the dispute is alleged to be;

(b) what steps should be taken to resolve the dispute; and

(c) within what reasonable period such steps should be taken.

 

21.4   If the dispute is not resolved within the period set out in the notification, then representatives of the parties must meet within a further period of 10 (ten) working days to discuss the dispute.

21.5   If the dispute is still not resolved within 10 (ten) working days of the date of the meeting at which the dispute is considered then the Partner/Chief Executive/Managing Director of each party must meet within a further 10 (ten) working days to seek to resolve it.

21.6 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the Dubai Courts, UAE.

22. Statutory and Regulatory Disclosures

22.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on the Website. We recommend that you consider saving a copy of these terms and conditions for future reference.

22.2 These terms and conditions are available in the English language only.

23. Our Details

23.1 The Website is owned and operated by Dukaan Wala.

23.2 We are registered with Sharjah Media City – Free Zone Authority (Shams) under trader license number 2432310.01 and P.O. Box number is 515000.

Domestic Supplier Agreement

1. This supplier agreement (“the Agreement”) will come into force between the Supplier (“the Supplier” or the Consignor) and Dukaan Wala LLC (a company incorporated under the rules and regulations of Sharjah Media City – Free Zone Authority {Shams}, Sharjah, United Arab Emirates {referred to herein as “DW” or “the Consignee”}) on the day when the Agreement has been accepted by the Supplier on the website www.dukaanwala.ae and its related sub-domains, applications, sites, services and tools (hereinafter collectively referred to as “the Website”) of DW.
2. The terms and conditions in the Agreement is governed the use of DW applications, websites, and services, as well as any listing for sale of any furnishings or décor therein (hereinafter referred as to “the Services”). By using and accessing the Services, you agree to be bound by and comply with the terms and conditions as stipulated in the Agreement.
3. For the purposes of the Agreement, the term “Supplier” or “Consignor” shall refer to and mean anyone using WB services in the listing and selling of any furnishings and/or décor. The term “Buyer” shall refer to and mean anyone purchasing furnishings and/or decor through DW.
4. The Supplier agrees to list the following products (“the Product") in accordance with the terms and conditions of this Agreement:

1. Furniture products including but not limited to; ready-to-assemble furniture, beds, tables, chairs, desks, dressers, cupboards, sofas, upholstered furniture, and/or other general parts of furniture etc.

Terms and Conditions of the Agreement

1. Listing and Uploading of the Product
2. The Supplier needs to ensure that the Product is shown with clarity and transparency including any damages, wear, and tear etc.
3. The Supplier needs to ensure that the picture of the Product is taken in the required angles (up, down, right, left, corner).
4. The supplier needs to ensure a proper description (i.e. the Product conforms to the applicable specifications, color, drawings, size, design, finishing and standards).
5. The Products listed should reflect the true and fair condition of the products including any damages, wear, and tear etc.
6. After ensuring the above steps are followed, the supplier shall upload the Product name, pictures, description, and price on the application.
7. The Product is then to be reviewed by DW team, and once approved, it will be uploaded on DW website for the Buyer to view and purchase.
8. The listing/uploading of the Product on DW application by the Supplier does not imply the sale of the Product unless the same has been formally agreed and purchased and the related 50% payment has been made by the Buyer to DW.

1. Pricing and Payment to the Supplier

1. Once the order is confirmed by the Buyer, the Buyer shall be required to pay:

1. 100% of the product price quoted by DW if the amount is AED 200 or below. Once the 100% of the Product price is received by DW from the Buyer, then 100% of the price quoted by the Supplier will be paid to them.
2. 50% of the product price quoted by DW if the amount is above AED 200. Once the 50% of the Product price is received by DW from the Buyer, then the 50% of the price quoted by the Supplier will be paid to them.

1. Upon delivery of the Product to the Buyer, the remaining 50% of the Product price quoted by DW will be received from the Buyer.
2. Post the above receipt of the funds, DW shall pay the remaining 50% of the price quoted by the Supplier to them.

1. Condition of the Products for Sale

1. The Supplier hereby warrants that all the Product consigned is clean, odor free with little or no damage and in excellent condition.
2. Any cleaning and/or repairs deemed necessary for the purpose of sale and display shall be undertaken at the sole expense of the Supplier. DW shall not be held responsible for any perceived damage resulting from services rendered by a recommended provider to improve the condition of the Product(s).

1. Representations and Warranty by the Supplier

1. The Supplier hereby warrants and represents that all information provided to DW is true, accurate and complete.

1. Listing of Products

1. DW reserves the right to display the Supplier listing(s) for products on the Website and/or social media platforms, including but not limited to Facebook, Instagram, X and Pinterest etc. You agree and acknowledge that DW may use, distribute, republish, reproduce, modify, and publicly display the content of Your listing on the Website and on other platforms for the purpose of providing Services to You and promoting the sale of Your Product(s).

1. Taxes

1. DW is not responsible for the payment of any sales, use, personal property or other governmental tax or levy imposed on any item sold or purchased through the Website or otherwise arising from a transaction, other than on DW’S own income.

1. Indemnification

1. By utilizing DW’S Services, You and all of your heirs, assigns, officers, directors, employees, and successors in interest, agree to hold harmless, relieve, indemnify and discharge DW and it’s officers, managers, directors, partners, employees, assign and successors in interest from any and all liability, including reasonable attorneys’ fees and costs, for any loss and/or injury and/or damages to any person and/or property that may be sustained arising out of the use of DW’S application, website, Services and/or the purchase or sale of the Products and any breach by You of these Terms and Conditions.

1. Confidentiality

1. The Supplier acknowledges that during the course of the Agreement, it may obtain confidential information regarding DW's business, including but not limited to pricing, product mix, assembly, specifications, dimensions, tolerances, materials, assembly instructions, channels of distribution, and DW’s internal customer base. The Supplier agrees to treat all such information and the terms of this Agreement as confidential. Supplier agrees to take all necessary precautions against disclosure of such information to unauthorized third parties or to use that information for any purpose other than filling DW’s orders during and after the term of this Agreement.

1. Trademarks and Intellectual Property
   a) The Suppliers and users of the DW’s application and the Website acknowledge and agree that DW’s names, trademarks, graphics, logos, slogans, and service names utilized on the application and Website are the exclusive property of DW and shall not be used without express written permission by DW.  You further acknowledge and agree that the content of the application and Website and all information contained therein is the property of DW, protected by copyright, and cannot be copied or reproduced in any way without the express, written permission of DW. You agree not to store, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on DW’s application and Website for any commercial purposes.

1. Warranties

1. The Supplier warrants to DW that the Products will conform to the applicable specifications, colour, size, drawings, design, finishing and standards.

1. Security

1. We follow reasonable standards to protect all information submitted through the DW application or Website both during transmission and after receipt. No method of transmission via the internet is completely secure, and although we use commercially acceptable methods to protect all personal information, we cannot and do not guaranty its security.

1. Errors and Delays
2. DW is not responsible for any errors or delays in responding to a request for information, purchase order or any other communication caused by an incorrect e-mail address provided by You and is not responsible for any delays caused by any other technical difficulties.
3. Upon receiving the Product availability confirmation from the Supplier, any factors that may lead to a delay in DW's agreed delivery date to the customer, including the unavailability of furnishings on your part, will result in penalties.

m)  Force Majeure

1. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its partners, managers, employees, officers, agents, or affiliates.

n)  Limitation of Liability

1. Under no circumstances shall DW be held responsible for any damages that arise out of the use of DW’s application, Website or any services, the sale or purchase of the Products, the services provided by DW, any inability to use the application, Website or otherwise.

o)  Jurisdiction

1. By accessing DW’s application or Website, you agree that such use shall be governed by the laws of the United Arab Emirates (UAE), regardless of any conflict of laws and that any dispute between You and DW, whether arising out of Your use or access of the application or Website, or the sale or purchase of the product(s), shall be adjudicated within the Court of the UAE. You hereby explicitly agree to the jurisdiction of the Courts of the State of UAE and venue therein.

p)  Modification

1. DW reserves the right to modify these Terms and Conditions, our policies and/or the content of our application or Website at any time, for any reason, without specific notice to you. You agree that it is your responsibility to review these Terms and Conditions each time you visit the Website. Once posted on the Website, revised Terms and Conditions become effective twenty-four (24) hours after posting.

q) Severability

1. If any of these Terms and Conditions shall be deemed void or unenforceable, that term shall be deemed severed from the remaining Terms and Conditions and shall have no effect on the validity and enforceability of any other terms.

r) No Waiver

1. A failure to act by DW with respect to an act by You or others of any breach of these Terms and Conditions shall not be deemed a waiver of any subsequent breach or similar breach of these Terms and Conditions.

s) Violation of Customer’s Regulatory Requirements

1. The Supplier will be responsible to reimburse DW in full for any charges, penalties, or ancillary costs associated with non-compliance to the above listed regulations and any additional regulations that may transpire.
2. The Supplier will be responsible if the Product(s) description provided is incorrect and misleading, or if there is failure to disclose wear/tear and damage.