Terms of Sale
Last Updated on 26 November 2020
Homes R Us Trading LLC, doing business as Homes r Us, and its affiliates and subsidiaries (collectively “Homes r Us”, “homerus.ae” “we”, “us” or “our”) owns and operates the Internet e-commerce website at www.homesrus.ae (or any successor site) and its related sub-domains, sites, online applications, services and tools (“Platform”). The Platform is provided as a service to you (“you”, “your” or “users”) and is intended to allow you and other users to browse and order products and other goods or services (“Products”) offered for sale on the Platform.
These provisions apply to purchases of Products on the Platform for delivery in UAE only.
Please read the following terms of sale ("Terms of Sale") carefully before purchasing any Products on the Platform. By purchasing any Products using the Platform, you agree to be bound by these Terms of Sale.
Additional terms and conditions as set out in the policies referred to in these Terms of Sale (“Policies”) may apply to purchases of Products, all of which terms are made a part of these Terms of Sale. If there is any inconsistency between the Policies and the Terms of Sale, then the order of precedence
1. PLACING AN ORDER
- By placing an order through the Platform you warrant that you are at least twenty-one (21) years old and that you are capable of entering into legally binding contracts.
- The Platform may make available listings, descriptions, and images of Products. Such Products are made available by us or our suppliers. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Platform). Such information and the availability of any Products are subject to change at any time without notice.
- We have made efforts to accurately display the attributes of Products, including the applicable colours. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect actual product colour or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
- Some Products we sell are for children’s use; however, these Products are intended for sale to adults only.
- We are not responsible for, and cannot guarantee the performance of Products provided by third parties, including any supplier, our advertisers, or other third parties to whose sites we link. We do our best to ensure that information provided on the Platform is accurate but we do not warrant that it is accurate, complete, reliable, current, and/or error-free. For Products, you should not rely solely on the information presented on the Platform, and you should read labels, warnings and directions provided with the Products.
- All prices shown on the Platform are in AED and inclusive of Value Added Tax (“VAT”) at the applicable rate. If your chosen payment method is not denominated in AED, the final price of any products you purchase will be calculated in accordance with the exchange rate on the date your payment provider processes your payment.
- Prices listed do not include delivery or assembly fees (if an assembly service is available). Delivery and assembly fees will be added to the total price of your order. You will be shown the charges for delivery and assembly before we ask you to confirm your order.
- Delivery fees will be calculated in accordance with our Shipping & Delivery Policy depending on your location, measurements, weight, size, nature and the value of the Product you have ordered. For more information concerning delivery fees please refer to our Shipping & Delivery Policy.
- Prices are subject to change without notice. Prices may change at any time due to markdowns or price changes advised by the suppliers. These price changes can reflect at any time throughout the day and may result in the price of a Product increasing or decreasing. Pricing or availability errors may occur on the Platform. We reserve the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
4. PROMOTIONAL CODES
- From time to time we may offer certain promotions for eligible purchases or eligible customers. Please ensure that you read the terms of the promotion and enter any applicable Promotional Code on the payment page. If your Promotional Code qualifies, your deduction will be displayed in the payment summary. Only one Promotional Code per order will be accepted. Please note that we reserve the right to cancel orders in the event that an unauthorised Promotional Code is used. A Promotional Code cannot be applied retrospectively to orders that have already been placed.
- Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
5. GIFT CARDS
- The risk of loss and title to any gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. Your purchase and use of gift cards is subject to our Gift Card Policy.
- When you choose to use our services to send a Gift Card to anyone, you represent that you have their consent to provide us their name, email address and/or mobile number. We will automatically send the receiver of Gift Card an email or mobile SMS informing them of the received Gift Card. Unless we are authorized by your friend, we will only use the receiver’s name, email address and/or mobile number for the purposes of sending this email and reminder emails for using the Gift Cards and maintaining an activity log of it.
6. ORDERS AND PAYMENT
- Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase Products from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we take payment from you and dispatch the Products that you ordered from us.
- Prior to the dispatch of the Products, we have the right to decline an order for any reason, including legal and regulatory reasons. Without limiting the generality of the preceding sentence, we reserve the right, at our sole discretion, to limit the quantity of Products purchased per person per household or per order. These restrictions may be applicable to orders placed by same account, the same credit card and also to orders that use the same billing and/or shipping address.
- The duration of our contract with you will start from when you receive the order dispatch email and last until the last day of your right to return the Products.
- If we cannot supply you with the Products you ordered, we will not process your order, we will inform you of this in writing (including email or other electronic messaging) and, if you have already paid for the Products, refund you in full as soon as reasonably possible.
- During the checkout process, you will be asked to enter your payment details. We offer customers various payment methods including cash on delivery, credit card and debit card in accordance with our Payment Policy.
- Where you pay by credit card, you agree, understand represent and warrant that the credit card details provided by you are correct, accurate and current and that you are lawfully authorized to provide us the details and use such credit card to make purchases on the Platform. Under no circumstances you shall use a credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to us. The card details will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove it otherwise' shall be exclusively on you.
- We may request a pre-authorisation for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
- While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
- lack of authorization for any transaction/s;
- exceeding the pre-set limit mutually agreed by you and between your "Bank/s",
- any payment issues arising out of the transaction; or
- decline of transaction for any other reason/s.
- All payments made against the purchases/services on website by you shall be compulsorily in AED. The Platform does not accept any other form of currency with respect to the purchases.
- Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
- Whilst your payment is being authorized, look out for “https//” in the address line of the page you are directed to. This indicates that your data is being transferred using Secure Socket Layer (SSL) protection. We use industry standard data encryption to make sure no unauthorized parties can access your payment details. We have also introduced secure code services for customers using Visa and Mastercard to shop on website.
- The Products are not intended for reselling. We reserve the right, at our sole discretion, to prohibit sales to resellers. For the purposes of these Terms of Sale, “reselling” will be defined as purchasing or intending to purchase any Products from Homes r Us for the purpose of engaging in a commercial sale of the same Products to a third party.
- By confirming your purchase at the end of the checkout process, you agree to accept and pay the full amount payable for the Products as well as all shipping and handling charges, assembly charges (where assembly is offered and ordered) and applicable taxes. Full payment is required before an order can be dispatched to you. In the event that the sum due from you for your order cannot be debited or charged for whatever reason, your order will be cancelled. The only exception is if you have opted to pay cash on delivery in accordance with the Payment Policy.
- We provide you with access to the Platform on the basis that, to the maximum extent permitted by law, we exclude all warranties, representations, conditions and other terms of any kind that access to the Platform will be uninterrupted or error-free. Where any errors in transmission result in the interruption of your purchase, you agree to cooperate with us to resolve such issues, and you agree that us shall have full discretion to determine the appropriate resolution in such cases.
- Please note that Homes r Us does not guarantee the security of data that you send to Homes r Us by email or other form of electronic messaging. Accordingly, please do not send to Homes r Us any payment information using email or electronic messaging. Only uses the payment gateway on our Platform. Unless Homes r Us acts either fraudulently or negligently, Homes r Us will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide to us when placing an order.
- Title to the Products will pass to you on the later of the day on which: (i) you pay us in full for those Products; or (ii) the day you receive the Products. Risk in the Products in your order passes to you on delivery to the address detailed in the order.
- In case of fraudulent activities in relation to use of our Platform, we reserve the right to recover the cost of goods, collection charges and lawyers’ fees from person(s) concerned. We reserve the right to initiate legal proceedings against such person(s) for fraudulent activities relating to use of the Platform and any other unlawful acts or omissions in breach of these Terms. We will prosecute any fraudulent activities relating to any attempt to reverse or seek a refund of a valid charge for an order that has been properly fulfilled and delivered to you and is not subject to a right of return.
- Suspicious customers or customers with fraudulent history are required to be blacklisted in the payment gateway admin portal using their email ID, card number or IP address.
- “Phishing” refers to the practice of fraudulently contacting people and asking them to provide confidential information, such as bank details, home address and date of birth. From time to time, we may contact our customers asking them to confirm personal details relevant to their order, such as shipping address or telephone number. If you are in any doubt about whether an email or other electronic message you have received is in fact from us, please contact our Customer Service Team at email@example.com / 800 RHOME (800 74663) before replying, so we can confirm that the email or electronic message was in fact sent by us.
7. SHIPPING AND DELIVERY
- We will only deliver Products to addresses within the UAE. Orders that are placed for delivery to addresses outside the UAE will be automatically rejected during the order process.
- Delivery charges and timescales vary depending on the type of Products ordered, the service you select and the delivery address. For further details of our delivery service please see our Shipping & Delivery Policy.
- Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained in our Shipping & Delivery Policy. All deliveries are made pursuant to a shipping contract with our courier partner, and, as a result, for products once they have been dispatched and are in the possession of the carrier (but see clause 6.16 above regarding the passing of risk of the Products on delivery).
- We shall have no liability to you in respect of any delay or failure to deliver a product due to circumstances beyond our reasonable control, including (without limitation) delay or failure caused by adverse weather, strikes or transport problems.
- If you wish to cancel your order, please see our Cancellation Policy. As Homes r Us tries to process orders immediately it may not always be possible to prevent an order from being dispatched.
- Please note that once Homes r Us has dispatched the Product to you (that is the Product is out for delivery with our courier service partner), you will not be able to cancel your order. If Homes r Us receives notice of your cancellation of a Products before dispatch, Homes r Us will cancel the order and refund the relevant part of the purchase price of that Products in accordance with our Refunds Policy and Clause 10 (Refunds) of these Terms of Sale.
- In addition to your statutory rights, including statutory rights relating to faulty or misdescribed goods, we also operate a “goodwill” Returns Policy. If for any reason you are not satisfied with any Product purchased via the Platform, you may return them to us within 14 days of your receipt of such Products for a refund, provided they are returned in accordance with these criteria detailed in our Returns Policy. Homes r Us reserves the right to refuse to provide a refund for any Products in the circumstances described in our Refunds Policy and Clause 10 (Refunds) of these Terms of Sale.
For delivered Products, we will refund to you the Products price amount (excluding the amount paid for the original shipping fees) in full plus the cost of return, if applicable, where:
- If the Products are faulty or not as described on our Platform;
- If your reason for return is due to an error on our side, such as an error in pricing or description; or
- Where we are otherwise required to provide a refund under applicable law.
- In all other circumstances, we will refund the Product price amount (excluding the amount paid for the original shipping fees and excluding any bank, financial institutions charges or applicable third-party charges).
- For Products not delivered, you will receive a full refund (excluding any bank, financial institutions charges or applicable third-party charges).
- Orders can be cancelled before under our Cancellation Terms without any charges (except any bank, financial institution, or third-party charges).
- We will not refund any delivery and assembly costs you have paid in case you requested to return goods already delivered to your home/place of delivery. As a general policy we will not accept any refund request for Products which fall under the installation category, however based on our evaluation of item the Product’s condition and our sole discretion, we may refund the product value.
We issue the refund to the payment method that you chose when you made your order (except Gift Card and Cash On Delivery (“COD”)), as follows:
- If you paid by COD and you return your entire order and not part of your order, we would issue a refund to your Account on the Platform, which must be used within a maximum period of 6 months from the date of refund to your Account, else it will expire. If you do not have an Account with us, we will issue you a store credit by way of a return voucher/coupon (“Return Voucher”) with a validity of 6 months from the date of issuance. The Return Voucher will be sent to you by email. If you return only part of your order, your COD charges will not be refunded; or
- If you paid by Gift Card, we will issue a refund to your Account on the Platform, which must be used within a maximum period of 6 months from the date of refund to your Account, else it will expire, if you do not have an Account with us, we will issue you Return Voucher with a validity of 6 months from the date of issuance; or
- If you paid partly by credit or debit card and partly by Gift Card, we will issue you Return Voucher with a maximum validity of 6 months from the date of issuance for the same value you used the Gift Card for during the order, and rest of the payment will be refunded to your credit or debit card.
- Any Return Voucher issued by us will be sent to you by email.
Refunds will usually be processed in 2 - 3 weeks from the date of our receipt of the returned product or receipt of your cancellation request (as applicable). For returns your refund will be initiated once your Products are received by us and inspected and approved by our team in accordance with our Returns Policy. The final refund will be received by you (excluding deductions if any and all applicable charges and fees (such as shipping, handling fees, banks, financial institutions, any other third party charges) as follows:
- If the refund is to a credit or debit card all correctly returned Products will be refunded to the original purchaser as credit to the relevant credit or debit card or bank account used for the transaction after deducting the applicable bank charges (if any).
- If your refund is to Account on the Platform, you will receive the refund immediately after your Products are received back by us and inspected and approved by our team in accordance with our Returns Policy; or
- If you have cancelled your order before dispatch under our Cancellation Terms, an automated refund will be provided back to you to the payment method chosen by you (your unpaid COD charges will not be refunded).
- If you think that we have provided you with an incorrect refund, please contact us immediately on firstname.lastname@example.org / 800 RHOME (800 74663).
All the terms and conditions stated in this Clause 10 (Refunds) above are subject to the following:
- Returns need to comply with our Returns Policy.
- If the refund is to a Credit or Debit Card, all correctly returned products will be refunded to the original purchaser as credit to the relevant Credit or Debit Card or bank account used for the transaction after deducting the applicable bank charges (if any).
- Please note credit or debit card refunds may take up additional time depending on your bank processing time. This can vary greatly between credit or debit card issuers, and we shall not be liable for any delays in refund by credit or debit card companies. We offer no guarantees whatsoever for the accuracy or timeliness of the refund reaching your credit or debit card /bank accounts. This is delay can arise as a result of various events, including but not limited to the various intermediaries involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.
- Nothing in this Clause 10 (Refunds) is intended to affect any consumer rights that you may have under UAE law.
11. LIMITATION OF LIABILITY
- Please note that nothing in these Terms of Sale affects your statutory rights as a consumer.
- Except any case in which it was illegal to exclude, limit or attempt to exclude or limit our liability, or where expressly provided otherwise in these Terms of Sale, our liability regarding any Products acquired on our Platform shall be limited strictly to the price of purchase of said Products.
- Neither Homes r Us nor any of its affiliates will be liable to you for any indirect or consequential loss or damage incurred by you under these Terms of Sale in connection with your purchase of any Products through the Platform. We shall not be liable to you if we are prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our reasonable control including without limitation, act of God, explosion, flood, war and civil disturbance, strike, industrial action or stoppages of work, force majeure.
- You must follow any advice we or our suppliers give you to keep Products we supply to you safe (including any instructions or product manuals provided with the Products). We cannot accept liability for damage to Products we have supplied which is caused by your failure to follow this advice.
- Nothing in these Terms of Sale shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) fraudulent misrepresentation or (iii) any other liability which cannot be excluded or limited under applicable law.
12. CUSTOMER ASSISTANCE
If you have any questions, comments or complaints about the goods you have ordered, please contact us at:email@example.com / 800 RHOME (800 74663)