Terms And Conditions Of Sale
01- Introduction
PLEASE READ THESE TERMS AND CONDITIONS OF SALE (THIS “AGREEMENT”) CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS
Who We Are
Thank you for selecting the Services offered by Tejaradirect website and/or its parent company A.Abunayyan Trading Corp.
When we refer to “company”, or “we”, “our” or “us” in these Terms, we mean A.Abunayyan Trading Corp.
This Agreement describes the terms governing your use of the Abunayyan Trading Commerce (“The Company”) online products & services provided to you at https://www.tejaradirect.com as well as through any application interface on your mobile devices, and includes all of Tejaradirect products, services, materials accessed through the Website, Content (defined below), updates and new releases (collectively, the “Services”).
These terms and conditions apply between all Users of Tejaradirect (including but not limited to Customers), and Tejaradirect, the owner(s) of this Website. Additionally these terms and conditions apply to the use of and (where applicable) purchase of Tejaradirect Products and Services, including but not limited to user subscriptions and Events and the placing of advertising with Tejaradirect.
Any different or additional terms set forth in customer's purchase order or similar communication are objected to and shall not be binding on the tejaradireect unless a separate agreement has been signed by an authorized officer of tejaradirect. In which case the separate agreement will govern.
Any general description of the types of products and results thereof posted on tejaradirect website do not constitute part of the agreement between tejaradirect and customer.
You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions.
By using the Website you are fully accepting the terms, conditions contained in these terms and conditions.
If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
We may change or modify these terms and conditions of sale from time to time without notice. The most updated terms and conditions will be available at https://www.tejaradirect.com/termsAndConditions. It is the responsibility of Users to check these Terms and Conditions regularly for any changes.
If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.
02- Definitions and interpretations
2.1 Throughout this terms and conditions, the following words will have the following meanings set against them:
Order process: product advertisement as invitation to treat; no contracts except in accordance with order process; online products order process; input error correction and identification.
Products : types of products; products may change.
Prices : prices quoted on website; prices changes on website; amounts inclusive or exclusive of VAT; website prices may be incorrect; delivery charges.
Payments : payment of product prices; methods of paying prices; non payment of product prices; unjustified charge-backs.
Credit accounts : accounts for business customers only; payment date for account customers; account credit limits; interest payments on business debt.
Deliveries : document governing deliveries; address for delivery; time for delivery of products; guaranteed delivery period; delivery location restriction.
Contracts : cancellation right: cancellation right for consumers; cancellation right for products; exercise of cancellation right; return of products upon cancellation; refund upon distance contract for products cancellation; diminished value of product on cancellation; refund method; refund timing for products; products excluded from distance contracts right of cancellation.
Risk and ownership : risk in products passes upon physical possession; ownership of products passes delivery or payment; hold products as bailee; business customers to store products separately etc.
Warranties and representations : customer warranties and representations including delivery of products; seller warranties relating to products; no implied warranties or representations relating to sale of products.
Limitations and exclusions of liability : caveats to limits of liability (with consumer protection); interpretation of limits of liability; no liability for force majeure; no liability for business losses; no liability for loss of data or software (with consumer protection); no liability for consequential loss (with consumer protection); no personal liability; liability cap upon product sale.
Order cancellation : cancellation by first party upon breach; cancellation by second party upon breach; cancellation upon insolvency of business customer; cancellation by first party upon force majeure.
Consequences of order cancellation : consequences of cancellation of contract to delivery products.
Variation : revision of document by publishing new version on website; variations govern future contracts.
Assignment : assignment by first party (with consumer rights); assignment by second party.
Severability : severability of whole; severability of parts.
Entire agreement : entire agreement - sale of products.
Law and jurisdiction : governing law; jurisdiction.
Statutory and regulatory disclosures : copy of document not filed; language of document; value added tax number
Our details : website operator name; company registration details; place of business; contact information.
“Advertising ” such individual media advertising campaign or programme of advertising that is Show on the site by Tejaradirect.
“Advertisement ” including display, classified, inserts, directories, banners, mini-sites, button Advertisements and any other announcement designed to publicly promote activities including Campaigns and Programmes;
“Tejaradirect ” shall mean website operator name; company registration details; place of business; contact information.
“Client or Customer
“Content ” any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and Data sheets and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“My Accounts ” shall mean the Customer Directory.
“Customers ” Users who have an active Access to a Tejaradirect Product and services.
“ Product(s)” Services and Content offered to Customers in a subscription package upon registering as a Member depending on the specific Customer Account tier that Tejaradirect specified.
“Partner ” third parties (who may or may not be Customers or Users) whom have licensed Third Party Content to Tejaradirect in the form of Partner Downloads.
“Privacy Policy ” Tejaradirect's current Privacy Policy as the same may be amended from time to time and currently viewable here: https://www.tejaradirect.com/privacyPolicy.
“Services ” collectively or individually as appropriate, any product or service provided by Tejaradirect including but not limited to any services listed on the Websit.
“User “Users”, “you” Any and all persons who access the Site and services provided by Tejaradirect, including but not limited to Customers.
“Website ” the website owned by Tejaradirect with the url: http://www.Tejaradirect.com and any sub-domains of this site, unless expressly excluded by their own terms and conditions.
2.2 In these terms and conditions, unless the context requires a different interpretation:
2.2.1. the singular includes the plural and vice versa;
2.2.2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of these terms and conditions;
2.2.3. a reference to a person includes firms, companies, government entities, trusts and partnerships;
2.2.4. 'including' is understood to mean 'including without limitation';
2.2.5. reference to any statutory provision includes any modification or amendment of it;
03- Business Customers
Tejaradirect website is a business-to-business supplier. Its catalog and any specialogs and other product brochures produced by Tejaradirect are intended for use by business customers and not consumers. By ordering, the Customer represents and warrants that is acquiring the products on behalf of a business and not as a consumer.
04- Intellectual property and acceptable use of Content
4.1 Content is available via Tejaradirectand this Website on a free of charge basis and content included within the various products, Services (for instance ' rodcuts listing page' and Prodcuts Details pagesections of the Website although this list is non-exhaustive.
4.2 All Content included on the Website is the property of Tejaradirect. By continuing to use the Website Users acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
4.3 Notwithstanding any other rights or remedies available to it, Tejaradirect shall have the right to terminate any licence granted to any User, to terminate any Customership (where applicable) or block a User from the Website in the event of any breach by such User of any of the terms and conditions of this licence. Without prejudice to any rights granted herein, Tejaradirect reserves the right to amend, edit or abbreviate or take down any Content at our discretion.
Prohibited use of the Site by Users
Users are expressly forbidden to download, store, reproduce, transmit, display (including without limitation via an intranet), copy, sell publish, distribute, provide access to Content for any purposes other than as set out herein or to sub-license, rent, lease, transfer or assign any rights in Content, to any other person, commercially exploit or use Content for any unlawful purpose.
Users may not use the Website for any of the following purposes:
In any way which causes, or may cause, damage to the Website or interferes with any other person's use of the Website.
In any way which is harmful, unlawful, illegal, abusive, harassing, misleading, inaccurate, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order.
05- Availability of the Website and Disclaimers
The Website and Services are provided “as is” and on an “as available” basis. Tejaradirect gives no warranty that the Website or Services will be free of defects and/or faults.
To the maximum extent permitted by the law, Tejaradirectprovides no warranties (expressed or implied) for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Whilst Tejaradirect uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, Tejaradirect give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
Tejaradirect accepts no liability for any disruption or non-availability of the Website.
Tejaradirect reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.6. Limitation of Liability
Nothing in these terms and conditions will:
limit or exclude our or your liability for fraud or fraudulent misrepresentation; or
limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Tejaradirect accepts no liability for any of the following:
any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
any special, indirect or consequential loss or damage.
06- Website Content and Services
Except as otherwise expressly agreed to by Tejaradirect in writing, information regarding Tejaradirect products and Services is subject to change without notice.
07- Customership
In order to become an Tejaradirect Customers you may gain access to additional content and Tejaradirect Services in accordance with the various Customership tiers as defined on the Website.
Subscription to any Customership is subject to acceptance of these terms and conditions, Privacy Policy and specifically the following:
In order to become a Member User's are required to complete registration form provided by Tejaradirect representive.
The User represents and warrants that the information given in that registration will be truthful, accurate and complete. Tejaradirect will hold all such information in accordance with the terms of the Tejaradirect's Privacy Policy and it may be used to validate the Users registration.
Each Customers profile will automatically appear in My Account section,and profile information will be published in accordance with the terms of the Tejaradirect's Privacy Policy.
Any subscriptions to Tejaradirect Products are deemed to commence from the date of receipt of User's completed order, registration form.
Customers may request to renewal their information at any point throughout.
Customers may purchase stand alone Products as the same are available via the Website and at such prices and on such supplemental conditions as are stated on the site.
08- Pricing
“Web Prices” displayed on Tejaradirect: (i) are offered to Customers that do not have other pricing arrangements with Tejaradirect; (ii) are subject to these Terms of Sale; (iii) are available for orders placed on Tejaradirect, ; (iv) do not include freight, handling fees, taxes, and/or duties; and (v) are subject to change or correction at any time and without notice.
Customers that have other pricing arrangements with Tejaradirect can view their prices and the applicable prices to which discounts, if any, are applied, when logged into their portable.Tejaradirect.com account.
Prices for any of Tejaradirect services or products are subject to change without prior notice.
Tejaradirect aim to regularly update all available sources of price information via the Website to ensure that you have accurate information available to you when you order.
All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.
It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
In addition to the price of the products, you willormay have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
09-Payment & Credit Card Terms
Tejaradirect accepts only Visa, MasterCard & Mada. For Customers with established Grainger credit
You must, during the checkout process, pay the prices of the products you order.
Payments may be made by any of the permitted methods specified on our website from time to time.
If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
-An amount equal to the amount of the charge-back.
-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).
-An administration including VAT; and all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section.
Tejaradirect will be entitled to sue the Customer for the price of the Products if not paid on the due date.
Notwithstanding the above, Tejaradirect website reserves the right to request payment in advance or otherwise in accordance with the payment terms specified by the Company, in writing.
Customer hereby unconditionally guarantees payment as a primary obligor of, as provided herein, all purchases made by himself, Business Customer, its subsidiaries and affiliates. Each of Business Customer’s subsidiaries and affiliates purchasing from Tejaradirect are jointly and severally liable for all purchases made by Business Customer and its subsidiaries, and Customer is also acting as agent for such subsidiaries and affiliates.
Business Customer further agrees to defend, indemnify and hold harmless Tejaradirect from any and all claims, injuries, damages, losses or suits, including, without limitation, attorneys’ fees and costs, arising out of, or in connection with any attempt to disgorge or recover payments to Tejaradirect made on behalf of Business Customer by a subsidiary and affiliate on the grounds that such payment was improper, unauthorized, or constituted a fraudulent transfer.
10- Order process
Product advertisement as invitation to treat
The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
No contracts except in accordance with order process
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 “Order Process”.
Online products order process
To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
Force Majeure
Tejaradirect shall not be liable for loss or damage caused by any delay or failure to perform resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war, terrorist attack, risks, shortages, inability to procure or ship product or obtain permits and licenses, insolvency or other inability to perform by the manufacturer, delay in transportation, any other commercial impracticability and/or any circumstances beyond the control of Tejaradirect in its business operations.
11- Shipping Policy
Shipment processing time
- All orders are processed and shipped within 1-2 working days in case of products available in stock and payment received.
- Orders are not shipped or delivered on weekends or holidays.
Address for delivery
We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
Delivery location restriction
We will only deliver products to cities of the Kingdom of Saudi Arabia.
Delivery Period estimates Within KSA
We do guarantee that unless there are exceptional circumstances all deliveries of products will be delivered within 3-5 working days for the products available in stock following the later of receipt of payment and the date of the order confirmation.
Shortages or Damaged claims
Any shortages or damaged received in shipment at the time of delivery it should be written in the delivery note itself at the time of receipt by customer and a claim should be raised within 48 Hours max through TejaraDirect call center for verification and corrective action.
Any claim received after 48 Hours from the time of delivery and without any remarks for damaged or shortages written in the delivery note will not be considered.
Please save all packaging products and damaged goods before filing a claim.
For further details please consult our Warranty Policy www.tejaradirect.com/shippingPolicy.
12. Order Cancellation
Tejaradirect has the right to cancel any order for any reason is reserved of the goods on Tejaradirect website.
Possible reasons for cancellation include, but are not limited to the following-
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Potentially fraudulent order - Before shipping the orders, a check is run to make sure such orders are legitimate. If the check fails, your order may be cancelled
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Incorrect Pricing - Due to the volatile market for collectible product, there may be major fluctuations in price at times. Therefore, Tejaradirect reserves the right. to remove any item from any order and provide a full refund to the customer tor that item.
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Non-Payment If payment is not received within a reasonable amount of time after the order has been placed. your order may cancelled without notic
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If Tejaradirect website receive an order or instruction from comptent court/governmental authority to cancel the order.
Customer may not cancel or return orders for any non-standard products including, without limitation, products which are special orders, product purchased from a manufacturer specifically for Customer, products not customarily in stock, value-added products, products to be assembled from kit (“Non-Standard Products”).
Returns
Returns: Please follow the simple procedures below to return product:
Please contact a Customer Service Representative to obtain a Return Authorization prior to returning product. Sorry, Tejaradirect cannot accept any product returns without a Authorization.
Tejaradirect does not take title to return any items until conducting assesment for the return request received which may require items arrives at its fulfilment center by the buyer .
for any return request customer should raise the request through Tejaradirect customer service and customer shoud determine the cause of the return, Tejaradirect has the right to assess this reason of return and comply with Tejaradirect internal return policy
- once Tejaradirect assess the return request ,it has the right to return back all non accepted Products Or Parts therfore ,not accepted shall be taken back by the buyer
Note:-
copy of all documentation pertaining to the original sale such as Invoices and Purcahse orders , etc must be Provided with the return request .
Products that can't be returned
1. Return request is made outside the specified time frame, of 7 days from delivery.
2. Special items Procured exclusively for customer request.
3. Product is used, damaged, or is not in the same condition , Not in same qty and Not in the same original Packaging as you received it.
4. Defective products which are covered under the manufacturer's warranty.
5. Any consumable item which has been used or installed.
6. Products with tampered or missing serial numbers.
7. Anything missing from the package you've received including price tags, labels, original packing, freebies and accessories.
8. Solor Cables that have been cut at the customer's request unless there is a manufacturer defect.
13. Warranty & Limitation Of Liability
For further details please consult our Warranty Policy www.tejaradirect.com/warrentyPolicy.
Products are sold by Tejaradirect with such warranties as may be extended by the manufacturer of the product(s).
The specific warranty period for each Branded Product is identified in the “Product Details page” on our website, www.Tejaradirect.com.
If the warranty period is not listed for a Branded Product, the warranty period shall be deemed 12 months.
Customer is responsible for installation and use in accordance with manufacturer's instructions and tejaradirect shall not be responsible for customer's improper selection of a product for a particular application or otherwise.
No warranty will apply if the products are in any way altered or modified after delivery by the Company.
14. DESCRIPTIONS
All specifications, drawings, illustrations, descriptions and particulars of weights, dimensions or capacity and other details including, without limitation, statements regarding compliance with legislation or regulation, wherever they appear (including, without limitation, in catalogs, on web sites, on dispatch notes, invoices or packaging) are intended to give a general idea of the products, but will not form part of this Agreement.
If the Descriptions of any products differ from the manufacturer's description, the latter shall be deemed to be correct. The Company relies on such information, if any, as may have been provided to it by the manufacturers of the products and accepts no liability in contract or tort, or under statute, regulation or otherwise for any error in or omission from such Descriptions whether caused by the Company's negligence or otherwise
This information is of a general nature and is not intended to address the circumstances of any particular individual or entity. No one should act on such information without appropriate professional advice.
15. Miscellaneous
Data Protection: Tejaradirect may use personal information which Tejaradirect hold about Users to provide Tejaradirect products and services to Users, for credit control and market research purposes and to inform Users about Tejaradirect products and services, legal developments and training sessions or Events which we believe may be of interest to Users. For further details please consult our Privacy Policy.www.tejaradirect.com/privacyPolicy.
Force Majeure: If by reason of labour dispute, strikes, inability to obtain labour or materials, fire or other action of the elements, accidents, power or telecommunications failure, customs delays, governmental restrictions or appropriation or other causes beyond the control of a party, such Tejaradirect is unable to perform in whole or in part its obligations set forth in these terms, then Tejaradirect shall be relieved of those obligations to the extent it is thereby unable to perform, and such inability to perform shall not make Tejaradirect liable to any other party.
These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
Govering Law and Jurisdiction: These terms and conditions shall be governed and construed in accordance with laws and regualtions of the Kingdom of Saudia Arabia . The Saudi Courts will have exclusive jurisdiction to deal with any disputewhich may arise out of or in connection with transactions under this terms and conditions.
Liability: Tejaradirectwill not be liable to customer for any loss of profit,lost of revenue,loss of data,loss of opportunity,los of business and loss of goodwell(in each casewhetherdirect or indirect) for any indirect,or consequential loss,damadge,costs,expenses and otherclaims(wethether caused by the negligence of Tejaradirect ,its employees which arise out of or in connection with the Products or in any other way out of the contract and the maximum liability of Tejaradirect under or in connectionwith the contract will not exceed the amount which have been paid or which have become payable by the Customer whether caused by the negligence of Tejaradirect, its servants, agents sub-contractor ,employees or otherwise .
The Customer acknowledges that it must comply with all applicable laws,regulations and orders with regards to Products .
Indemnities: The Customer shall indemnify Tejaradirect in respect of any claim which may be made against Tejaradirect.
That the use to which the Products are put constitutes a breach of health and Safety of any relevant safety legislation .
That the use to which the Products are put in infringes the patent,copyright or other intellectual property rights of any third party ; or arising out of the failure by the Customer to observe the terms of the contract .