Corston Trading LLC UAE Terms & Conditions
1. Agreement and Contractual Terms
1.1 This Agreement shall become effective and a binding contract between the parties on the date the Seller issues the Order Acceptance (the “Effective Date”). If the details or quantities of the Products described in the Seller’s quotation differ from those set out in the Order Acceptance, the latter shall apply.
1.2 For Trade/Business Customers: Please note that if you are a trade or business customer, other terms and conditions may apply to your purchase of products depending on how you order products from us and/or whether you have a trade account with us. Some of these Terms and Conditions may still apply to you, for example, without limitation, in respect of your use of our website and ownership of rights, as well as specific terms where we refer to you.
2. Introduction
2.1 Corston Ltd is a company registered in United Arab Emirates with the company registration number 1392482 (referred to as "we", "us", "our" or "Corston" “Supplier” “Seller” in these Terms and Conditions).
2.2 Our trading address is: CORSTON TRADING LLC, Office no # S47, AHMAD BUILDING, HOR AL ANZ,DEIRA Dubai, UAE.
2.3 Further information about us and our products is available on our website.
3. Definitions
3.1 In this Agreement, unless the context otherwise requires, the following words and expressions shall have the meaning ascribed to them as follows:
Buyer: The person or entity that issues the Order (in whatever form) to the Seller.
Order: An order for products issued by the Buyer to the Seller in writing.
Order Acceptance: An instrument in any form and under any title issued by the Seller to the Buyer confirming that the Products from the Order, their quantity, and price, which the Seller shall sell to the Buyer.
Products: The products set out in the Order Acceptance form that the Seller has agreed to supply to the Buyer.
4. Orders
4.1 By submitting an order for products on our website, you enter into a contract with us for the sale of those products on these Terms and Conditions. Each order for products you place with us on our website will be subject to a separate contract on these Terms and Conditions.
4.2 All Orders placed by Buyer are subject to acceptance by Seller.
4.3 All Orders must specify the Product details, unit quantities, and expected delivery dates of the Products that the Buyer intends to purchase.
4.4 The Buyer acknowledges that: (i) The Product specification may vary as per industry standards and such variations shall not be construed as a breach of this Agreement.
(ii) By placing an Order, the Buyer warrants that the Buyer is legally capable of entering into a binding contract.
(iii) The Seller may limit the maximum number of Products that the Buyer can purchase through the Seller’s website.
5. Order Acceptance
5.1 All Orders placed by the Buyer are subject to acceptance by the Seller at its sole discretion.
5.2 Orders accepted by the Seller will be notified to the Buyer by email.
5.3 We will contact you to confirm that we've accepted your order (once payment is accepted) and again to confirm when your order is dispatched which will include order tracking details.
5.4 We always aim to keep our website up to date with expected availability dates for products that are out of stock. This means you can order out-of-stock products but may have to wait longer to receive the products. If you place an order for products that are both in stock and out of stock, we’ll send the in-stock products separately and the out-of-stock products will be sent once they’re available. We’ll email you when out-of-stock products are available and are sent out to you.
5.5 Sometimes we reject or are unable to fulfill orders, for example, because a product is unexpectedly out of stock, because you are located outside of our delivery areas, or because the product was mispriced or incorrectly offered for sale by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
6. Price and Payment
6.1 The price of the products will be the price indicated on the order pages of our website when you place your order (inclusive of VAT). Delivery costs are calculated at checkout.
6.2 We offer all our products on a payment-with-order basis. This means you must pay us when you order. We’ll only accept your order if we receive the payment in full.
6.3 In case of payment by credit or debit card, the Buyer authorizes the Seller and its third-party payment processor to process the Seller’s credit/debit card details for the amount of Order.
6.4 If you are a trade customer, we can send a pro forma invoice with a payment link – please contact us for more information. If you’re working with a professional, we’d recommend having them check the pro forma before payment.
6.5 All credit/debit card payments are subject to validation by the issuer of such credit/debit card. If the issuer of Buyer’s card refuses to authorize payment, the order will not be processed. Seller cannot be held responsible if this should result in a delay in dispatching the Products.
7. Delivery
7.1 Sending and receiving your products as per the Terms and conditions
7.2 Orders are assembled and packed. We aim to send all orders quickly (usually within 24- 48 hours of us accepting your order) using a 5 day delivery service. All orders are tracked services (such as DPD, DHL, or any reliable delivery partner), but this is not guaranteed.
7.3 We’ll email you a link to track your delivery once your products are on their way. You might be asked to sign for receipt of your order, or the courier will use photo proof of delivery.
7.4 All quoted delivery times are subject to customs clearance, and we won’t be held responsible for any delays. Please contact us if you have any concerns.
7.5 Please check the products as soon as possible after delivery. Unfortunately, we won’t be responsible for any issues not reported to us within 14 days of delivery unless the products are defective or faulty in which case you may be entitled to a repair or replacement, or, if required by law, a refund (and in each case we shall be responsible for costs of collection or return).
7.6 All periods stated for delivery shall be estimates only and shall not be construed as binding contractual obligations of the Seller. The Buyer shall not decline any delayed deliveries.
7.7 If our supply of your product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay.
7.8 If the Seller cannot deliver the Products at the location set out in the Order Acceptance due to the unavailability of the Buyer, Seller shall notify the Buyer, and Parties shall agree on an alternative date for re-delivery. If, despite Seller’s reasonable efforts, the Seller is unable to contact the Buyer or re-arrange delivery or collection within 7 days from the delivery date set out in the Order Acceptance, Seller shall cancel the Order.
7.9 At the time of delivery, Seller may, at its sole discretion, request the Buyer to present proof of identification and/or credit card. If the Seller is unable to verify or authenticate any information that has been provided by the Buyer, the Seller has the right to refuse delivery and cancel the Order.
8. Title and Risk
8.1 Title and Risk of loss of or damage to the Products shall pass to the Buyer upon delivery of Products to the Buyer. The Buyer shall be responsible for the insurance of the Products after the risk has so passed to it.
9. Cancellations and Amending Orders
9.1 To cancel your order, please contact us within two (2) hours of purchase. If we haven’t already shipped the products out, we’ll issue a full refund (including delivery charges) to the original payment method used to place your order. Your refund will be processed within 14 working days of cancellation.
9.2 If we’ve shipped the products before you cancel your order, you can still request a refund by following our returns procedure (set out below) or by refusing the delivery when it arrives.
9.3 We’re unable to amend orders once payment has been taken. If you need any further products, you’ll need to order these separately.
9.4 Alternatively, if you cancel your order within two (2) hours of purchase, you can then place a new order at your convenience.
10. Returns
10.1 You can return any products within 60 days of the order date. Please pack any returned products in a fully re-saleable condition in the original undamaged packaging.
10.2 Return & Exchange:
10.2.1 Notwithstanding anything contained elsewhere, no products can be returned or exchanged except Products sold by the Seller. Products purchased by the Buyer through Seller’s Store may be returned or exchanged within 60 calendar days from the delivery date.
If you have a trade account and orders are returned a 10% restocking fee will be added.
10.2.2 Products returned or exchanged shall be:
(i) In perfect saleable conditions, in their original packaging, and in unused condition except if approved for failure analysis/warranty evaluation by the Seller’s representative.
(ii) Accompanied by a copy of the invoice and delivery note.
10.2.3 Eligibility: Should be in perfect saleable condition, in original packaging, and with all parts and accessories and warranty documents included.
10.3 Returns Portal:
(i) Please use the returns portal to start a return of any products or contact us in respect of any issues with the products.
(ii) If you do not use the returns portal and choose to use your own method to return any products, please be aware that we cannot take responsibility for any loss or damage to the products and we won't compensate or refund you for any extra costs or expenses that you incur in returning any products.
(iii) Please ensure that you return any products in suitable and secure packaging so that they arrive safely, undamaged, and in the same condition you received them.
(iv) Unless we agree otherwise (including where specified in these Terms and Conditions) and subject to your rights at law, you shall be responsible for the cost and delivery charges of returning any products to us.
(v) Your refund will be processed promptly, and within 14 working days of the products being returned, but we may reduce or reject a refund altogether if you have used or damaged any products (including, without limitation, if damage occurs from you returning the products in unsuitable packaging) or if any of the products are missing.
10.4 Damaged Products:
(i) The Buyer shall forthwith upon acceptance of delivery of Products, inspect them and verify:
(a) Any apparent breakages, damages, or order discrepancies visible to the naked eye and
(b) Any shortages or excess deliveries.
(ii) The Buyer shall record the above on the delivery note and forthwith return all damaged Products or the excess quantities to the Seller’s representative. Unless the Seller has shipped the Products to the Buyer’s location, the Seller shall not be liable for Products damaged during transportation.
(iii) In cases where the damages/defects are not apparent, the Buyer shall inform the Seller of such damages/defects no later than 48 hours from the time of delivery. The Seller should be entitled to inspect such damaged/defective Products.
(iv) Damage claims for mirrors will not be accepted if reported later than 48 hours after delivery.
10.5 Refund:
(i) The Seller shall refund the price of the returned Products subject to the deduction of Restocking Fee, Collection Fee, and Repackaging fee in accordance with its then prevailing refund policy.
(ii) The refund price shall be paid by the Seller to the Buyer depending on the method the Buyer used for payment. If the Buyer paid by credit/debit card, the refund price will be credited back to the Buyer’s credit/debit card.
11. Trade Customer Returns
(i) Business or trade customers who have made a purchase using a Corston trade account must return the products within 60 days of the order date.
(ii) We charge a restocking fee of 10% of the value of the products that are returned to cover repolishing, inspecting, and repackaging.
12. Installation and Fitting
(i) Some of our products are relatively simple to fit and can be done by anyone proficient at DIY. However, some products are more complex to install.
(ii) You’ll find instructions on our website, but we recommend using professional builders and electricians.
(iii) Our electrical products must be installed in accordance with UAE building regulations and by a qualified electrician.
12.2 Responsibility for Installation:
(i) If you’re using a professional to install our products, please make sure you have received the products before you engage their services.
(ii) We won’t be liable for any charges or expenses you incur due to delivery delays.
(iii) The Buyer acknowledges that the Seller does not provide any installation services for Products.
(iv) The Seller shall not be liable for damages resulting from faulty installation or any damages caused to the Products during installation.
13. Warranty and Quality Assurance
(i) Subject to the conditions set out below, the Seller warrants that it will make commercially reasonable endeavours to ensure that at the time of delivery, the Products correspond:
(a) With the description, specification, and particulars of the Products contained on the Seller’s website valid on the date the Products were ordered and upon which the Buyer shows it relied.
(b) Any additional description, specification, or particulars shared by the Buyer in writing with the Seller.
13.2 Exclusions from Warranty:
(i) Notwithstanding anything contained in this Agreement, the Seller shall not be liable:
(a) For any defect arising from fair wear and tear, damage, negligence, abnormal conditions of working or of use, failure to follow the Seller’s instructions (whether oral or in writing), or misuse of the Products.
(b) Under the above warranty (or any other warranty, condition, or guarantee) if the total price for the Products has not been paid by the Buyer as per the terms of this Agreement.
(c) If the Products suffer from colour or other minor variances or irregularities which habitually occur in Products manufactured by the process used by the Seller or its suppliers, or such variances are known in the industry.
(d) For any claims made after the expiry of 14 days from the date of delivery of Products (unless otherwise expressly set out herein).
13.3 Living Finishes:
(i) Of the three finishes we offer on our solid brass products, Antique Brass is our only living finish. This means there’ll be some variation in colour, texture, and patina straight out of the box.
(ii) We recommend ordering all Antique Brass products for your project together so they’re as consistent as possible and age similarly.
(iii) Please see the materials and finishes section of our website for more details.
14. Ending Our Contract With You
(i) We can end our contract with you at any time if you have breached these terms in a serious way, as per our sole discretion
(ii) If what you have done can be put right, we will give you a reasonable opportunity to do so.
15. Limitation of Liability
(i) The Supplier’s maximum aggregate liability for any and all losses, liabilities, expenses (including legal expenses), damages, claims, or actions, arising in or by virtue of breach of Agreement, tort (including negligence), misrepresentation, breach of statutory duty, strict liability, infringement of intellectual property rights, or otherwise, shall in no circumstances exceed a sum equal to the total price of the Product.
16. Compliance with Laws
(i) From the date of delivery, the Buyer shall be solely responsible for complying with all applicable laws, rules, regulations, and orders of any authority that may be prevailing in any country in relation to the Products.
(ii) This Agreement shall be governed by the laws of Dubai, U.A.E., and the courts in Dubai, U.A.E., shall have exclusive jurisdiction.
17. Termination by Seller
(i) The Seller shall be entitled, without prejudice to any other rights it may have, to cancel the Agreement forthwith, wholly or partly, by notice in writing to Buyer, if the Buyer is in default of any of its obligations under the Agreement.
18. Miscellaneous
18.1 Waiver:
(i) No waiver by either party with respect to any breach or default or of any right or remedy, and no course of dealing, shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver is expressed in writing and signed by the party to be bound.
18.2 Severability: If any clause, sub-clause, or other provision of the Agreement is invalid under any statute or rule of law, such provision, to that extent only, shall be deemed to be omitted without affecting the validity of the remainder of the Agreement.
18.3 Assignment: The Buyer shall not be entitled to assign its rights or obligations hereunder without the prior written consent of the Seller.
18.4 Notices: All notices and claims in connection with the Agreement must be in writing.
18.5 Measurements: All measurements are approximate.
18.6 Colour Reproduction: The reproduction of colours is as accurate as the photographic and production process will reasonably allow. The Seller does not guarantee that the photographs are exact samples.
19. Website Disclaimer
19.1 Warranty Disclaimer:
(i) To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, regarding the accuracy of the information contained in the materials on our website.
(ii) We do not guarantee that our website is free from viruses or defects. You are responsible for configuring your information technology, computer programs, and platform to access our website. It is advisable to use your own virus protection software.
19.2 Third-Party Links:
(i) Where our website contains links to other websites and resources provided by third parties (e.g., Pinterest and Instagram), these links are provided for your convenience only.
(ii) These links should not be interpreted as an endorsement by us of those linked websites or the information you may obtain from them. We have no control over the contents of those other websites or resources.
19.3 Prohibited Activities: You are not permitted to conduct, facilitate, authorize, or permit any text or data mining or web scraping in relation to our website, its contents, or any products or services provided through or related to our website for any purpose, including the development, training, fine-tuning, or validation of AI systems or models.
19.4 Limitation of Liability: We will not be liable to any person for any loss or damage that may arise from the use of our website, any websites linked from our website, or any information contained in any of the materials on our website.
20. Ownership of Rights
(i) All rights (including intellectual property rights) in or to our website and its contents are owned by or licensed to us.
(ii) Any use of our website or its contents, including linking to, copying, or storing them in whole or in part, other than for your own personal, non-commercial use, is prohibited without our permission.
21. Personal Data: How we use any personal data you provide to us is outlined in our Privacy Policy.
22. Changes
(i) We reserve the right to change any product to reflect changes in laws and regulatory requirements or to make minor technical adjustments and improvements, including changes to prices.
(ii) We may also make other changes to the products or these Terms and Conditions, but if we do, we will notify you of the change. You can then contact us to end the contract before the changes take effect and receive a refund for any products you've paid for in advance but have not received.
(iii) We may, at any time and without notice, change or withdraw any products available on our website. Any changes made by us do not affect your right to receive products that you have ordered and paid for.
23. Resolving Disputes Please contact our customer service team if you have any problems with us or our products, and they will do their best to resolve them.
24. Governing Law
(i) These Terms and Conditions are governed by and construed in accordance with the laws of Dubai, United Arab Emirates.
(ii) Business or trade customers may only bring claims against us in the courts of Dubai, UAE.
25. Other Important Terms
25.1 Transfer of Contract:
(i) We may transfer our contract with you so that a different organization is responsible for supplying your products. We will inform you in writing if this happens, ensuring that the transfer will not affect your rights under the contract.
(ii) You may only transfer your contract with us to someone else if we agree to it.
25.2 Third-Party Rights: No one else has any rights under our contract with you (or these Terms and Conditions). No one else can enforce our contract with you, and neither of us will need to ask anyone else to end or change it.
25.3 Severability:
(i) If a court or other authority decides that any terms of our contract with you (including these Terms and Conditions) are unlawful, invalid, or unenforceable, the remaining terms will continue to apply.
(ii) If we delay enforcing any term of our contract with you (including these Terms and Conditions), we can still enforce them at a later date.
ALL RIGHTS RESERVED.
Corston Ltd. ©2024 All rights reserved.