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Terms and Conditions
1. Contract Process
a. Where You submit Your Order to Us on the Website or by emailing Your Order
direct to Us at Sales@bahrainmall.com, You will receive an electronic
confirmation of receipt of your Order and of the details of Your Order as soon
as is reasonably practicable. You will be notified separately if the Goods are
unavailable or if Your Order cannot be fulfilled for any other reason. If at any
time you wish to alter the details of your Order, please contact Sales@bahrainmalls.com
You will not be able to alter the details of the Order once the Order has been
placed in our order processing system (This does not affect the rights of
Consumers set out in clause 9 below).
b. Where You submit Your Order to Us by telephone or by post:
You will be notified if the Goods are unavailable or if your Order cannot be
fulfilled for any other reason. No binding contract is formed until We have
placed the Order in our order processing system.
2. Obligation to Supply
a. We are only liable to supply You with those Goods which:
You describe accurately in your Order; are in stock at the time of receipt of
Your Order.
3. Delivery
a. We will dispatch the Goods to an address in the Bahrain Kingdom during normal
business hours within 2 days of the date of receipt of your Order, or the
publication date of the Goods (whichever is the later)
b. Where the delivery address is outside the Bahrain Kingdom we will dispatch
the Goods within 5 days of receiving Your Order.
c. In either case, If You request delivery by any other method We will advise
You of our handling charge.
d. Where We cannot deliver, whether due to a Force Major Event or otherwise, in
accordance with the timescales envisaged at 3(a) and 3(b) above, We will advise
You and give You the option to cancel Your Order or to accept a revised delivery
date. We may make a partial delivery of your Order where not all items are
available.
e. We will arrange the return of the Goods and issue You a credit invoice where
We are responsible, and You have been charged, for a duplicated delivery.
f. We may refuse to accept the return of any duplicate Order or to issue You a
credit invoice where, in our reasonable opinion, the Goods were delivered in
accordance with a valid Order. In those circumstances, unless we agree
otherwise, You will remain liable to pay Us the Price together with the delivery
fee and any other applicable taxes or duties in accordance to Bahrain law.
g. Where We do accept the return of duplicated Goods delivered in accordance
with a valid Order, We reserve the right to apply an administration charge of 5%
of the total value of the Order.
4. Damage or Loss in Transit
a. We will replace at no extra cost to You any Goods (including Goods dispatched
under a Standing Order or a Subscription) damaged on or before delivery,
provided that You notify Us of the damage by telephone or in writing as soon as
is reasonably possible befor receipt of the Goods.
b. Subject to clause 4(a) above, We will replace at no extra cost to You, any
Goods which in Our reasonable opinion have been lost in transit provided that
You notify us by telephone or in writing if the Goods fail to arrive within 28
days after the anticipated delivery date.
c. Where Goods are dispatched to You direct from Agency Publishers, the Agency
Publisher's policy as regards all claims for items damaged or lost in transit
shall apply.
5. Ownership of the Goods
a. Ownership of the Goods will not pass to You until We have received full
payment for them.
b. Until ownership of the Goods has passed to You:
You are responsible for taking all necessary steps to prevent damage, loss or
harm to the Goods and you shall insure the Goods at Your expense and for Our
benefit; and You will hold the Goods as bailee and will resell them on Our
behalf as Our agent if we instruct you to do so.
c. If You become insolvent before We have received full payment for the Goods,
We may take the Goods back at Your expense. In the event that You become
insolvent, You authorize Us or Our agents or representatives to enter Your
premises in order to take back the Goods or to inspect the Goods.
6. Warranty
a. Subject to clause 6(b), We warrant that the Goods are of a satisfactory
quality and reasonably fit for their normal purpose. We do not give any other
warranties in respect of the Goods, their condition or delivery, and any
warranties implied by statute are excluded to the fullest extent permissible
under law.
b. We do not offer any warranties as to the accuracy or completeness of the
information contained in any of the Goods.
c. These Terms and Conditions do not affect any statutory rights You may have.
d. If you believe that the Goods are not of a satisfactory quality, You may,
within 30 days of delivery, notify Us in writing stating the reason for Your
dissatisfaction. If we authorize return of the Goods and they are returned to Us
in their original condition and at Your expense, We will promptly replace them
or refund the Price of such Goods.
c. All payments shall be made in BD (Bahraini Dinar). You are responsible for
paying any bank or transmission charge in addition to the Price.
7. Intellectual Property Rights
You will not do, or permit to be done, anything that may detrimentally affect
Our copyright, trade marks or any other intellectual property rights in the
Goods.
8. Cancellation of Order
a. Where You are a Consumer, You may cancel Your Order without giving any reason
by notifying us in writing ( or by email - Sales@bahrainmalls.com ) within 1
working days from the date of receipt of the Goods.
b. In the event that You are a Consumer and You choose to cancel your Order and
return the Goods to us in accordance with this clause, we will refund the Price,
You will be responsible for the cost of returning the Goods us.
9. Waiver & Severability
a. Our failure to exercise or delay in exercising any of Our rights or remedies
under these Terms and Conditions does not constitute a waiver of such rights or
remedies.
b. If any provision of these Terms and Conditions is found by a court or
administrative body of competent jurisdiction to be invalid or unenforceable, it
shall not affect the other provisions of these Terms and Conditions which shall
remain in full force and effect.
10. Communications
a. Apart from Orders placed pursuant to clause 1 above, any notices, request or
other communication required under these Terms and Conditions shall be in
writing, and may be delivered by post or facsimile.
b. Notices will be deemed to be delivered within 48 hours of posting where they
are delivered by ordinary first class mail to an address within Bahrain Kingdom
and within five working days of posting where there are delivered by air mail to
an address outside of the Kingdom or, where they are sent by fax, on receipt of
a successful facsimile transmission report.
c. Notices shall be delivered to Us at the address set out in these Terms and
Conditions and to You at the address to which the invoice is sent or such other
address as either party notifies from time to time.
11. Variation
These Terms and Conditions are the only terms which apply to this Contract. Any
variation to these Terms and Conditions is valid only if it is agreed in writing
by Our Head of Sales or Our Credit Controller.
12. Headings
The headings used in these Terms and Conditions are for guidance only and shall
not affect the interpretation of these Terms and Conditions.
13. Definitions
In these and any other terms and conditions included in the Contract, the
expressions listed below shall have the following meanings:
"Agency Publishers" means any publisher producing any of the Goods on Our
behalf.
"Contract" means the agreement between Us and You, which includes these Terms
and Conditions, made by Our acceptance of your Order.
"Customer, (You, Your)" means whoever places the Order for the Goods with Us.
"Consumer" means any Customer who is a natural person acting for purposes which
are outside his business.
"Goods" means any items offered for sale by Us and requested by You in the
Order..
"Seller (We, Us, Our)" means The e-Solutions company registered in Bahrain
under C.R number 71668, registered office is at ( Building 90, Road 339 Block
306, Office 90" Manama Center ), and our email address is Sales@bahrainmalls.com
"Website" means Our website to be found at
http://www.e-solutions.com.bh
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