Sales Agreement & General Terms

SALES AGREEMENT

  • It is a Virtual Environment Sales Agreement between Hafiz Mustafa 1864 and the Customer.
  • The subject of this contract is Law No. 4077 on the Protection of Consumers regarding the sale and delivery of the product that the seller sells to the buyer and whose qualities and sale price are specified below; It covers the rights and obligations of the parties in accordance with the provisions of the Regulation on the Principles and Procedures for the Application of Distance Contracts.
SELLER
  • Hafiz Mustafa 1864 | Operendia Portal LLC
  • RECEIVER INFORMATION
  • All users who subscribed through the website www.hm1864.ae
CONTRACT SUBJECT AND PRODUCT INFORMATION
  • Goods / Products or Services, Type, Quantity,  Number,  Price, and Payment Method are as stated on the site, and this information may change without notifying the buyer.
GENERAL PROVISIONS
  • The BUYER declares that they have read and become informed about all the pre-information regarding the essential qualities of the product, its sales price, payment method, and delivery, as stated in Article 4, and confirms their consent in electronic form.
  • The product, subject to the contract, will be delivered to the BUYER at the address specified in the pre-information, depending on the distance of the buyer’s place of residence, within the legal period of 30 days for each product.
  • If the product subject to the contract is to be delivered to a person or organization other than the buyer, the SELLER shall not be held responsible for the refusal of acceptance by the designated person or organization.
  • For the delivery of the product subject to the contract, it is a requirement to approve this contract in electronic form and to make the payment of the sales price with the payment method preferred by the buyer. In case the product price is not paid for any reason or is canceled in the bank records, the SELLER is not obliged to deliver the product.
  • If the buyer cancels the order, the SELLER will attempt to cancel the credit card receipt and refund the corresponding amount to the buyer’s account within 7 days. The transaction will be communicated to the buyer via email. In such a case, the SELLER shall not be held responsible for any delays caused by the relevant bank.
  • This agreement becomes valid after being approved by the buyer in electronic form (after membership) and delivered to their email addresses.

INTERNATIONAL SHIPMENTS

This communication serves to inform you of the terms and conditions governing international shipments made through our website. Please carefully read and understand the following provisions, as they constitute a legally binding agreement between you and HAFIZ MUSTAFA.

  • Local Purchase Obligation: Pursuant to the United Arab Emirates (UAE) Value Added Tax (VAT) laws, any purchase made through our website shall be deemed a local purchase from our branch located at The Dubai Mall LG03. Accordingly, you are obligated to pay a 5% VAT on the purchase price. The product prices, including the related tax, shall be provided to you via email and a tax invoice.
  • Delivery Options: Upon completion of your local shopping, you have the option to either:
    a. Opt for In-Store Pick-Up: You may inform HAFIZ MUSTAFA that you wish to collect your cargo as an in-store pick-up delivery.
    b. Request DHL Delivery: Alternatively, you may request the delivery of your cargo via DHL. It is important to note that this option incurs an additional fee and should be treated independently from your local shopping. Please be aware that this transaction does not qualify as a commercial transaction but rather as a personal cargo delivery.
  • Non-Returnable Food Products: Please be advised that overseas orders containing food products are strictly non-returnable. In the event that you have any concerns or complaints regarding your order, we kindly request that you promptly contact our customer representatives to seek a resolution.
  • By proceeding with the purchase and subsequent international shipment through our website, you acknowledge and accept the aforementioned terms and conditions. It is your responsibility to ensure compliance with the applicable laws and regulations governing such transactions.

  • RIGHT OF WITHDRAWAL
    • Food products purchased cannot be returned under any circumstances.
    • In the event of a defect in purchased “non-food” products, you must contact us through the online support section on our website within 3 days from the delivery date. After providing this information, the faulty product should be sent back to us through the shipping company, and it will be replaced with a new one.
    • If there is an error caused by customer usage or if the product has been used within 3 days, returns or exchanges cannot be made for non-food products.
    • In the case of exercising the right of withdrawal for non-food products, the SELLER will make efforts to refund the product price to the buyer’s credit card account within 7 days after receiving the request. The SELLER shall not be held responsible for any delays caused by the bank in the refund of the product price. In case the original invoice is not sent, the value-added tax and other applicable legal obligations will not be refunded. The buyer shall bear the shipping cost of the returned product due to the right of withdrawal. The right of withdrawal is subject to the condition that the product’s packaging is unopened, unchanged, undamaged, and does not alter the original design of the product.
    • Due to the nature of the products sold on this website, which are organic or have a possibility of the expiry date, returns of products produced upon ordering food items are not accepted.
    • The Law on Consumer Protection determines the conditions for product returns and exchanges.
    AUTHORIZED COURT
    • In the implementation of this contract, the Consumer Arbitration Committees and the CONSUMER COURTS in settlement of the Buyer or the SELLER are authorized up to the value announced by the Ministry of Industry and Trade. If the order is approved electronically, the BUYER is deemed to have accepted all the terms of this contract.

    General Terms of Sale for Hafiz Mustafa 1864 Online Boutique

    APPLICABILITY OF GENERAL SALES CONDITIONS

    These General Sales Terms and Conditions apply to any purchases and sales described, mentioned, promoted, or listed in the catalog for Hafiz Mustafa 1864 for the United Arab Emirates. Hafiz Mustafa objects to any different or additional terms. This is the final and complete expression of all terms and conditions of the sale. Any representations, promises, warranties, or statements not contained herein are void. The Customer accepts these General Sales Terms and Conditions by placing an order. Hafiz Mustafa 1864 reserves the right to modify the General Sales Terms and Conditions at any time. All new transactions with Hafiz Mustafa 1864 entered into after the effective date of any such modification shall be governed by the modified Terms and Conditions.

    These terms and conditions cannot be modified, waived, or amended except by writing signed by both you and Hafiz Mustafa 1864. No additional requirement sought to be introduced by any purchaser shall be deemed applicable unless expressly accepted in writing by an authorized officer of Hafiz Mustafa 1864. The failure of Hafiz Mustafa 1864 to exercise one or more of its rights hereunder shall not be deemed a waiver of those or any other rights.

    REQUESTS AND INFORMATION

    Orders can be made:

    By internet: www.hm1864.ae

    Specific information about your name (as it appears on any credit card you may provide), billing address, shipping address, and mode of payment is critical. We cannot be responsible for errors in the information provided to us. Costs resulting from such errors will be charged to the purchaser.

    Once an order has been placed, cancellations or changes will not be accepted. However, in exceptional situations, Hafiz Mustafa 1864 will try to honor requests for changes. A fee will be charged if Hafiz Mustafa 1864 can effect a requested change. No change can be made once the shipping service has accepted a shipment.

    Each order is subject to approval by Hafiz Mustafa 1864 reserves all rights to reject any order due to insufficient stock, incomplete customer information, or for any other lawful reason. Hafiz Mustafa 1864 undertakes to inform the purchase within two (2) business days following receipt of an order if there will be a problem filling it.

    PRICES

    Unless otherwise noted, all Hafiz Mustafa 1864 pricing and other charges are stated in AED, including VAT. Prices are subject to change. Shipping charges, payable by the purchaser, are extra and vary by destination. Details are available upon request from Hafiz Mustafa 1864.

    PAYMENT AT THE TIME OF ORDER

    All purchases are subject to immediate payment using Visa, MasterCard, Apple Pay, or Google Pay. Hafiz Mustafa 1864 is unable to offer any discounted terms. Hafiz Mustafa uses PCI Certified Payment Gateways; your card details are never seen or stored. Please see our Privacy Policy Statement to understand how personal information is treated.

    AVAILABILITY OF PRODUCTS

    The catalog lists all of the products that are generally available from Hafiz Mustafa 1864. From time to time, products may be out of stock or otherwise unavailable. Please get in touch with us with any product inquiries. Certain special gift items are unique and, therefore, available only in small quantities. To confirm availability, please call Hafiz Mustafa 1864 before ordering. The presentation of gift items may be modified to ensure proper delivery and handling.

    DELIVERY OF PRODUCTS

    PRODUCT SHIPPING

    The purchaser’s shipping information accuracy is crucial in ensuring that orders can be delivered properly. This allows Hafiz Mustafa 1864 customers to enjoy Hafiz Mustafa 1864 products for the full extent of their shelf life. Hafiz Mustafa 1864 cannot be held responsible for incomplete or erroneous delivery instructions.

    After acceptance of an order, Hafiz Mustafa 1864 will prepare and forward it to the shipping service. Title to products and risk of loss will pass to the Buyer upon delivery to the carrier at the time and place of shipment. Although Hafiz Mustafa 1864 can assure delivery to most specified locations, it is up to the purchaser to verify receipt with the shipping service. Failure to correctly identify the shipping service problems with any delivery may result in the purchaser’s inability to make a successful claim. Some shipping services require a signature upon delivery. Once the product is delivered according to shipping instructions, neither Hafiz Mustafa 1864 nor the shipping service can be held responsible for loss or damage caused by environmental conditions.

    SHIPPING CHARGES

    Every effort will be made to effect delivery at the desired time, but delivery dates are not guaranteed.  In addition, deliveries are made on business days.

    DELIVERY TERMS

    Any received orders will be processed and shipped on the next business day. Hafiz Mustafa 1864 will not be responsible for delays caused by events beyond its control, including strikes, natural disasters, pandemics, etc. Shipping times may be extended or take longer during the busy holiday seasons. Delivery days may vary for different emirates and countries.

    INCORRECT PRODUCT

    Please notify our Customer Services Department within two days if we have sent you an incorrect item. If you would like for us to replace the wrong item with the item you ordered, we will make sure to despatch this as soon as possible. Alternatively, we will refund the item. Depending on the wrong item received, we may request the return or organize the collection of the item.

    TRANSFER OF RISK

    The purchaser assumes the risk of product loss or deterioration once the product is tendered to the delivery service.

    QUESTIONS AND COMPLAINTS

    Hafiz Mustafa 1864 prides itself on the high level of its products and service. If you have a criticism or complaint, please contact us at once. We strive to make you happy but need your help to do so. Damage claims should be clearly described in writing, along with a photograph, and should be dated and signed. All claims must be received by Hafiz Mustafa 1864 within forty-eight hours (48) hours of product delivery. Claims received after that may not be honored. No claim for a defective product can be processed without the return of the defective, non-perishable product. Hafiz Mustafa 1864 will issue a call tag and pay for return shipping when warranted. Claims should be sent to Hafiz Mustafa 1864 by email or postal service, offering proof of delivery of the parcel to Hafiz Mustafa 1864. The address for claims is as follows:

    Hafiz Mustafa 1864
    The Dubai Mall, TDM-LG 093
    Dubai, United Arab Emirates

    No claim will be reviewed unless accompanied by a written explanation and a photograph demonstrating the problem. After an analysis, at its discretion, Hafiz Mustafa 1864 will determine the appropriate remedy, if any, which may include a refund of payment or a re-shipment of the product.

    HAFIZ MUSTAFA SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LIABILITY, LOSS, OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY ANY PRODUCT OR FOR CLAIMS AGAINST THE PURCHASER BY ANY THIRD PARTY CONCERNING THE PRODUCTS SOLD.

    RETURNS

    Hafiz Mustafa 1864 does not accept returns, refunds, or exchanges on any perishable items. Returns will be accepted ONLY for non-perishable items by Hafiz Mustafa 1864 upon its prior written agreement and in no case more than forty-eight (48) hours after delivery to the shipper.

    Hafiz Mustafa 1864 accepts returns of all items except perishable goods and other products that are likely to expire rapidly; this includes all baklava, kunefe, pudding, and cakes.

    If Hafiz Mustafa 1864 accepts a return in the case of an obvious flaw or the non-conformity of the non-perishable products delivered with an order, Hafiz Mustafa 1864 will allow the free replacement of the product or the return of the amount paid by the purchaser upon the provision of a valid, itemized receipt for the purchase. The returned item must also be undamaged and in its original packaging. In making a purchase, the purchaser, on behalf of themselves and any recipient of the purchase, waives any additional claims they may have, including interest and other payments.

    Hafiz Mustafa 1864 will not accept the return of perishable items under any circumstances.

    RIGHT OF ACCESS AND CORRECTION

    OUR PRIVACY POLICY STATEMENT

    Because we are concerned with protecting your private life and information personal to you, Hafiz Mustafa 1864 treats with the strictest confidentiality all personal data it receives about its customers. We will request from a purchaser only the information (including name, street, and email address) necessary to fill and follow up on the order.

    CUSTOMER COMMUNICATIONS

    You also are encouraged to tell us how we can keep you up-to-date with our product line, mainly seasonal specials. We would be happy to communicate with you and to have you share with us by mail, email, or telephone.

    WARRANTY

    Hafiz Mustafa 1864 guarantees the quality and freshness of its products as of the time they leave our boutique in Dubai, so long as they are handled and stored as recommended by the materials that accompany each shipment. No guarantees are applicable in the event of a delay in shipment for any reason.

    EXCEPT AS OUTLINED IN THIS SECTION, HAFIZ MUSTAFA 1864 MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT ITS PRODUCTS, INCLUDING ANY WARRANTIES AS TO THE FITNESS OF ITS PRODUCTS FOR A PARTICULAR PURPOSE. ANY SUCH ADDITIONAL WARRANTIES ARE, AT THIS MOMENT, DISCLAIMED.

    GOVERNING LAW

    All of our transactions shall be governed by the laws of the Dubai Emirate without regard to its choice of law provisions. In case of any claim, dispute, cause of action, or lawsuit regarding our products and services, you agree that the exclusive venue and jurisdiction for any such claim, dispute, cause of action, or suit shall be with the courts in Dubai, UAE.

    NO RESALE

    Consumers agree that products purchased from Hafiz Mustafa 1864 are for personal use (including gift-giving) and shall not be resold.



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