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    lawazmy Terms of Sale

    updated: 01/16/2022

    1.   INTRODUCTION

    we are lawazmy operates an e-commerce (“marketplace”) platform consisting of a mobile application and website, together with supporting logistics and payment infrastructure, for the sale and purchase of medical tools products in the Arab Republic of Egypt, these general terms shall apply to buyers and sellers on the marketplace and shall govern your use of the marketplace and related services, by using our marketplace, you accept these general terms in full. If you disagree with these general terms or any part of it, you must not use our marketplace.

     

    1.   ORDER ACCEPTANCE

     

    1.   Supplier. Each product in your order is sold either by us or by the local or international seller that is specified on the Site.
    2.   Order Acceptance. Our acceptance of your order will take place when we notify you of our acceptance in writing (e.g. by email or mobile messaging). If we are unable to accept your order, we will inform you of this in writing or through a call and will not charge you for the product.
    3.   Payment. By placing an order, you authorise us or our third-party payment processor to process your credit/debit card details for the amount of your order. We accept payment by,
    4. credit/debit card;
    5. via your wallet; or Valu installment Service
    6. cash on delivery 
    7.   In order to authorize credit/debit card payments, we may be required to create an account for you with our third-party payment processors, including accepting their standard terms and conditions and submitting your details to them on your behalf. You hereby authorize us to do so and we shall not be liable to you for any damage or loss you may incur as a result.
    8.   We may remove or add cards or other payment methods that we accept at any time without prior notice to you.
    9.   Canceling Order. You may cancel your order immediately prior to shipping for any reason, but you can't reject it when the shipment is ready to go.

     

    1.   Our Cancellation. We may cancel your order(s) if:

     .        you do not make any payment to us when it is due;

    1. You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
    2. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
    3.     you attempt to bulk or multi-order purchase in accordance with clause 2.8
    4. order(s) not being capable of being fulfilled due to product(s) not being available. 
    5.   Bulk/Multiple Purchasing. We reserve the right to reject any orders, at our sole discretion, where we detect bulk purchasing or multiple units of similar products being purchased.

     

    1.   DELIVERY OF YOUR ORDER
    2.   Delivery Costs. The costs of delivery will be displayed to you on our Site or mobile application .
    3.   Delivery Date. This information will be displayed to you on our Site or mobile application.
    4.   Delivery Delays:

     .        if our supply of the product is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay;

    1. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will notify you of how to rearrange delivery .
    1. If you do not collect the product from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery, we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery, or we will cancel your order.
    2.   Title to Products. A product will be considered owned by you and your responsibility from the time we deliver the product to the delivery address and you have paid for the product.
    3.   Invoice. We will issue an electronic invoice for your purchase and send such invoice to the email address you provided to us.

    RETURNS, REPLACEMENTS & EXCHANGES

    Returns of products by buyers and acceptance of returned products by sellers shall be managed by us in accordance with the returns page on the marketplace, as may be amended from time to time. Acceptance of returns shall be in our discretion, subject to compliance with applicable laws of the territory.

     

    * Refunds in respect of returned products shall be managed in accordance with the refunds page on the marketplace, as may be amended from time to time. Our rules on refunds shall be exercised in our discretion, subject to applicable laws of the territory. We may offer refunds, in our discretion:

    • in respect of the product price;
    • local and/or international shipping fees (as stated on the refunds page); and
    • by way of store credits, wallet refunds, vouchers, mobile money transfer, bank transfers or such other method as we may determine from time to time.

     

    * Returned products shall be accepted and refunds issued by lawazmy, for and on behalf of the seller.

     

     

    * Changes to our returns page or refunds page shall be effective in respect of all purchases made from the date of publication of the change on our website.

     

    *Non-returnable Products. You do not have a right to return, replace or exchange products in respect of:

     .        . Products that are classified as hazardous, use flammable liquids or gasses or require special handling.

    1. products that have been used or damaged by you or are not in the same condition as you received them;
    2. any consumable product which has been used or installed;
    3. products with tampered or missing serial numbers; or??????

     

    1.   Contacting Us (arrange a Return, Replacement or Exchange). You may contact us through email, social media or live chat on the Site, or by calling our call center 

     





    1.   Your Refund:

     .        For delivered products, we will refund to you the product amount (excluding the amount paid for the original shipping fees) in full plus the cost of return:

    1.           if the products are faulty or not as described on our Site; or
    2.   If your reason for return is due to an error on our side, such as an error in pricing or description, a delay in delivery etc.

    In all other circumstances, we will refund the product amount (excluding the amount paid for the original shipping fees) and you may pay the costs of return shipping.

    For products not delivered, you will receive a full refund if you cancel the order.



    1.   Refund Procedure. We will issue a refund to you depending on the method you used for payment, as follows: 

     .        if you paid by cash on delivery, we will issue a refund to by adding points to your wallet  ( cash or postal or bank account or refund vouacher valid for six months  it’s renewable and can converted cash any time during the six months )

    1. if you paid by credit/debit card, you can choose to have a refund by credit/debit card or to your wallet.
    2.   Refund Timescale. Your refund will be initiated once your product is received back in our customer fulfillment center and inspected by our team, and the final refund will be received by you as follows:

     .        if the refund is to your credit/debit card, within thirty (30) days from the day on which we receive the product back in our customer fulfillment center;

    1.     if your refund is to your wallet, you will receive the refund immediately after your product is received back in our customer fulfillment center and inspected by our team; or
    2.     if you have canceled your order before shipping, an automated refund will be provided back to you.

     

      Limitations and exclusions of liability

     

    1. Nothing in these general terms will:
    • 1.1. limit any liabilities in any way that is not permitted under applicable law; or
    • 1.2. exclude any liabilities or statutory rights that may not be excluded under applicable law.

     

    1. The limitations and exclusions of liability set out in this section 1 and elsewhere in these general terms :

     

    • 2.1. are subject to section 1; and
    • 2.2. govern all liabilities arising under these general terms and conditions or relating to the subject matter of these general terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these general terms and conditions.

     

    2.3. In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.

    2.4. Our aggregate liability to you in respect of any contract to provide services to you under these general terms and conditions shall not exceed the total amount paid and payable to us under the contract. Each separate transaction on the marketplace shall constitute a separate contract for the purpose of this section 2.4.

     

    2.5. Notwithstanding section 2.4 above, we will not be liable to you for any loss or damage of any nature, including in respect of:

     

    • 2.5.1. any losses occasioned by any interruption or dysfunction to the website;
    • 2.5.2. any losses arising out of any event or events beyond our reasonable control;
    • 2.5.3. any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
    • 2.5.4. any loss or corruption of any data, database or software; or
    • 2.5.5. any special, indirect or consequential loss or damage.

     

    2.6. We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the marketplace or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

    2.7. Our marketplace includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

    1. GENERAL  
    2.   Governing Law. These Terms of Sale and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the applicable laws of Egypt.
    3.   Dispute Resolution:

     .        If you are not satisfied with any products that you have purchased using our Site, you should contact us through email, social media or live chat on the Site, or by calling our call center.

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