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UAE seller terms and conditions (T&Cs)
As a seller, you can access and use Dahab Shops' website, services, and applications to sell directly to buyers. You must formally accept the Corporate Policies before you can use the website, and Dahab Shops reserves the right to make amendments both prior and after your acceptance.
1. Introduction
1.1 Dahab Shops LLC ("Dahabshops"), a limited liability company registered in the United Arab Emirates (“UAE”) with the license number CN-4325469 and its registered office located at Saudi national bank, alSalam street – AbuDhabi UAE, is the owner of Dahab Shops E Commerce (“we”, “our”, “us”).
1.2 These Corporate Policies & Conditions (“Corporate Policies”) and all other policies and additional terms (if applicable) posted on any Dahab Shops storefront website (e.g. www.Dahabshops.com) (collectively, the “Site”) set out the terms on which you, as a seller, can access and use our Site, services, and applications (including our mobile application) (collectively, the “Services”) for the purpose of selling directly to buyers on the Site. These Corporate Policies apply in addition to all other terms (including our Terms of Use, Return Policy and Privacy Policy (available on the Site and as amended from time to time)) (collectively, the “Legal Documents”). By accessing, registering, and/or continuing to use or access our Services, you are agreeing to be bound to these Corporate Policies and the Legal Documents with immediate effect. Any reference in these
2. Our Services
2.1 Our Services, provided by us or our affiliated companies or other third parties, enable you as a seller to offer your products to buyers on the Site. Depending on the business model, these Services may include the following: (a) warehousing, order management, and fulfilment (e.g. communication with a buyer regarding their purchase, obtaining payment from the buyer, and organizing delivery); (b) shipping the product from your warehouse/premises to the buyer; (c) cash collection and processing of payments; and (d) call center and customer support.
2.2 We reserve the right to determine the content, appearance, design, functionality, and all other aspects of the Site and the Services (including the right to re-design, modify, remove, and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, portion, or feature thereof, from time to time), and to delay, suspend the listing of, refuse to list, de-list, or require you not to list any or all products in our sole discretion. Furthermore, in our sole discretion, we may withhold any sale transactions for investigation, refuse to process them, restrict shipping destinations for them, stop them, or cancel them if we deem it necessary for legal purposes or to ensure compliance with these Corporate Policies
3. Business Models
Before beginning the services of the seller, the collaboration agreement must detail the business models available to you. You must accurately specify each product type against the appropriate business model. When you stock the product and we deliver it to the buyer, you must process the order within the predetermined timeframe for your account. Additionally, the seller performance program allows us to suspend or block your account if your delivery is delayed past the agreed timeline, there is a high rate of returns, there are negative reviews from buyers, or a buyer cancels a confirmed order.
4. Your Obligations
4.1 You must read the Legal Documents and pay special attention to the account eligibility requirements and information needed to open a seller account, as well as your responsibilities when using the Site, such as prohibited products, replica jewelry, or deceptive products.
4.2 In addition to your obligations outlined in the Legal Documents, you agree to the following, unless otherwise specified by us:
(a) Comply with the packaging requirements and any other instructions we provide in writing before delivering products.
(b) Package and prepare products securely, reducing the risk of damage to the product.
(c) Acquire all necessary documentation, permits, and approvals necessary to deliver the product.
(d) Arrange pick-up of products that have been returned, exchanged, or replaced, or that have been rejected during quality control by us.
(e) In cases of defects in material, design, or workmanship, the warranties are applicable. Your obligations are limited to repairing the defective product, replacing the defective part, or, at our discretion, replacing or refunding the product itself at its market price.
(f) Remain responsible for after-sales services, warranties, maintenance, and defects.
(g) Comply with our instructions regarding your products or use of our Services, such as removing listings of products that infringe a third party's intellectual property rights, arranging for delivery to our warehouse or pick-up of returns, or other similar matters.
(h) Provide us with your Value Added Tax (VAT) registration details and any additional information we request [1]. All registration details or request information you provide must be accurate and correct.
(i) Update your pricing to include Value Added Tax (VAT). Products shipped to the buyer on or after January 1st, 2018 will be subject to VAT, regardless of when they were ordered or requested from you.
(j) You shall be liable for paying all relevant taxes to the Federal Tax Authority.
4.3 You acknowledge that we are dedicated to providing a positive user experience on the Site and that we have agreed to perform certain Services for buyers related to delivery, returns, replacements, exchanges, and warranties of products to enhance the user experience. You agree to provide all assistance necessary to help us fulfill our commitments to the buyers and further agree to (a) accept a returned product when a buyer has the right to return a product according to the Return Policy; (b) replace or exchange a product that is returned under our Return Policy and make sure that the replacement or exchange happens promptly to meet our obligations under the Return Policy; and (c) do all necessary tasks to issue a refund to a buyer to ensure that we meet our refund requirements under our Return Policy.
4.4 If a customer cancels an order or if a product fails a quality check, it will be returned to you within three working days or ten working days for products shipped internationally, as communicated to you beforehand. You may also keep the product that passed the quality check for potential future sales. The product that failed the quality check will be returned to you and, depending on its condition, Dahab Shops will pay you a fee for any damage, as detailed on the Site. You are not allowed to reject the returned products unless you have proof of misuse or an unreasonable reason from the buyer.
4.5 By agreeing to these terms, you acknowledge that you may be charged up to 100% of the product's price if you refuse to accept and fulfill an order for any of the following reasons, such but not limited to:
(a) The product is out of stock on your side, despite being listed as having stock on your seller account; or it was listed and live on the Site, but is now out of stock; and
(b) you submitted the wrong product price on your account.
4.6 Furthermore, you agree that:
(a) at our sole discretion, we may, for operational or any other reason, choose to purchase the product from you and resell it to the buyer; and, in such cases, your obligations under Section 4, including, but not limited to, warranties, returns policies, and payment terms, will remain applicable to the buyer who first made the order on the Site as if the sale were made directly to that buyer.
(b) we have the right to reject a product upon receipt from you if (i) it is damaged; (ii) it does not meet our packaging, quality, or other requirements; (iii) it does not contain the necessary documentation; or (iv) it does not comply with these Corporate Policies or any applicable laws.
(c) you retain all title to the products until they are delivered and paid for by a buyer, and we will never have title to the products during the provision of our Services (except in cases where Dahab Shops pays the full cost of the products as a penalty, or where you do not comply with the Return Policy, in which case full ownership of the product(s) will transfer to Dahab Shops).
(d) to facilitate transactions between you and the buyer, we will generate invoices and credit notes on your behalf, based on the VAT registration details you provide as stipulated by Clause 4.2(h). These invoices and credit notes will be sent to you electronically
(e) you will have the sole discretion to choose and amend the pricing of products manually, via a pricing engine, or through an application program interface (API) provided on your seller account. By clause 4.5(b), all orders made by customers with incorrect pricing must be honored and fulfilled, and any costs or liabilities due to pricing errors shall be fully borne by you.
(f) You must provide the same prices for your products on the Site as you do in your store, and any deviation from this will result in us removing you from the Site.
5. Fees and Payments
5.1 The fees for using our Services vary depending on the chosen business model and are outlined in the Collaboration Agreement. These fees may be subject to change in the future, and the Collaboration Agreement in effect on the date of the purchase of the relevant product will apply to the transaction.
5.2 We, our affiliated companies, or third parties hired to provide the Services may bill you for: (a) a percentage of a sales transaction; (b) listing particular products; (c) utilizing our delivery, warehousing, and logistics services; (d) payment processing fees, chargeback or associated fees; (e) customs or other taxes we may incur in providing you with the Services; (f) costs we may incur if you breach the terms of the Corporate Policies (g). All fees will be disclosed to you in advance and will be specified in the Collaboration Agreement.
5.3 We, our affiliated companies, or third parties hired to provide the Services may bill you for their services. Furthermore, you permit us to generate invoices on your behalf for any services you provide to us.
5.4 You can verify sales reports via your account, and the report will provide the amount collected for your products minus any applicable fees.
5.5 Payment for Sale Proceeds will be made to the bank account you provide before releasing the product from your warehouse. The bank account must be located in the UAE or any other country indicated on the Site that is supported by our standard functionality and authorized for your account. We are not responsible for any mistakes in the bank account information you provide, and the consequences of such errors.
5.6 You authorize us 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 to authorize payments to you. We shall be nowillliable to you for any damage or loss you may incur as a resbecauseres causation.
5.7 You hereby agree that we may choose to offer discounts on your products after your agreement. The discounts will be included in the invoice raised from you to the buyer and the cost of the discount will be deducted from the price of the products offered. Additionally, you agree that we may choose to offer discounts from our commission on your products, and you acknowledge that this will not affect the amount you receive in a settlement.
5.8 If you wish to sell your products to buyers in KSA, you hereby authorize us to recover the freight and forwarding charges and customs and other duties from you.
5.9 If you have provided your VAT registration details, we will issue the invoice to the buyer on your behalf and remit to you the full amount collected from the buyer less any of our commissions.
5.10 If you have failed to provide your VAT registration details, we may purchase the product from you and resell the product to the buyer by clause 4.6 (a). You agree that we will deduct five percent (5%) from the payment remitted to you unless a VAT invoice from you can be provided.
5.11 Notwithstanding these Corporate Policies and without prejudice to our other rights and remedies, you acknowledge our right to:
(a) withhold all and any amounts owing to you to recover from such amounts all losses or damages suffered by us or a buyer, as solely determined by us, including concerning: (i) products that infringe a third party’s intellectual property rights; or (ii) your fraudulent conduct.
(b) upon suspension or termination of your account or your use of the Services, set off against any payments to be made to you, an amount determined by us to be adequate to cover chargebacks, refunds, adjustments, or other amounts paid to buyers in connection with your sale transactions for a three (3) month period. At the end of such three (3) month period following suspension or termination, we will disburse you any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers or seek reimbursement from you via any of the following for any additional amount required to offset chargebacks, refunds, adjustments or other amounts paid to buyers, as applicable: (i) by deducting from future payments owed to you; (ii) reversing any credits to your account; (iii) charging your credit card; or (iv) seeking such reimbursement from you by any other lawful means. You further authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your credit card or bank account.
5.12 You agree to indemnify and hold us, our parent company, subsidiaries, and affiliates, and our and their directors, officers, agents, employees, suppliers, and against any losses, damages, and expenses (including legal fees and attorney’s fees) arising out of or relating to any claims or demands made by any third party due to or arising out of a) your breach of this section 5 or clause 4.2 (h); or b) your violation of any applicable laws or regulations.
6. Intellectual Property
You hereby grant us a non-exclusive, royalty-free, sub-licensable, transferrable, assignable, perpetual, and worldwide license to use your trademarks and other intellectual property you may provide to us for us to provide the Services to our end users. Furthermore, you shall not use or permit to be use, Dahab Shops' name, trademarks, or logos in any advertisements, promotional literature, or information without the prior written consent of Dahab Shops. Where such consent is provided, the use of Dahab Shops' name, trademarks, and logos shall be strictly by the permission and direction provided by Dahab Shops
7. Warranties, Representations, and Undertakings
(a) you have full power and authority to enter into these Corporate Policies and you shall, at all times, fully comply with all applicable laws, statutes, and regulations, including, without limitation: (i) anti-bribery, anti-corruption, export control, and sanctions laws; (ii) consumer protection laws; (iii) import regulations, including concerning type approvals; and (iv) customs duties and other applicable taxes;
(b) you have all the necessary licenses, permissions, authorizations, proprietary rights, consents, and permits for the products you list or which are listed on your behalf and to sell and promote these products in the UAE;
(c) your listed products conform to the required quality and safety standards in the UAE;
(d) all products new (and not refurbished or used) are free from any defects;
(e) you are solely responsible for any liability arising from the purchase and use of your listed products by Site users or other third parties;
(f) you own or have the authority to grant the licenses granted to us by you under these Corporate Policies and any content you submit as part of your use of the Services and any products that you list do not violate the rights of any third party anywhere in the world including, without limitation, any intellectual property rights (whether registered or not); and
(g) the product dimensions displayed by you on the Site are correct and accurate. If the dimensions are not correct, you will be liable for any additional shipping costs that might be incurred.
7.2 Subject to clause 7.1, the Services are provided to you on an “as is” basis without representations, warranties, or conditions of any claim all warranties, conditions, and representations of any kind, whether express, implied, or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that the Services are secure or error-free or will operate without interruption or will be provided in a timely or proper manner or at all.
7.3 Furthermore, whilst we attempt to be as accurate as possible, we do not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. Additionally, it is your responsibility to review the content of your listings for accuracy, and you will not attempt to hold our catalog/content providers or us responsible for inaccuracies.
7.4. In the event we, at our sole discretion, determine that you have breached any of the warranties, representations, and undertakings in clause 7.1:
(a) you shall be liable to pay a minimum sum of fifty thousand dirhams in compensation to us, in addition to any fine or levy imposed by any governmental authority or agency;
(b) all payment pending by us to you will be withheld until you have remedied such breach; and
(c) we may impose a financial penalty on you, to be determined at our sole discretion, for direct and indirect losses incurred as a result of the breach, including for loss of reputation.
7.4.1. Further, where you do not pay the entirety of the compensation and/or penalty imposed, we shall impose a time-based conditional ban.
7.4.2. Notwithstanding the above, we reserve the right to take appropriate legal actions against you and report such products in breach of clause 7.1 to law enforcement authorities.
8. Anti-Counterfeiting
8.1 It is prohibited to list or sell counterfeit products on the Site. All products sold on the Site must be authentic and original. Counterfeit products include fakes, bootlegs, or pirated copies of products or content, and products that have been illegally replicated, reproduced, or manufactured.
8.2 You are solely responsible for ensuring that all products made available for sale on the Site are original and authentic, and do not infringe on another party's intellectual property rights.
8.3 We reserve the right to verify and determine if the products sold on the Site are original and authentic. If we determine at our discretion that a product is counterfeit or not 100% genuine, you shall be liable to pay a minimum sum of two hundred thousand dirhams in compensation to us, in addition to any fine or levy imposed by any governmental authority or agency. All payments pending by us to you will be withheld until the counterfeit issue is resolved. We may also impose a financial penalty on you, to be determined at our discretion, for direct and indirect losses incurred as a result of the counterfeit product being sold on the Site, including for loss of reputation.
8.4 If you do not pay the entirety of the compensation and/or penalty imposed, we shall impose a time-based conditional ban.
8.5 We reserve the right to take appropriate legal actions against you and report such counterfeit products to law enforcement authorities.
9. Liability
9.1 Nothing in these Corporate Policies shall limit or exclude a party’s liability: (a) for fraud, including fraudulent misrepresentation, perpetrated by that party; (b) for death or personal injury caused by the negligence of that party; or (c) for any other liability that cannot be limited or excluded under applicable law.
9.2 Subject to clause 9.1, in no event will we, our parent company, subsidiaries and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors, or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or about these Corporate Policies for loss of profits, loss of data or information, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, or suppliers have been advised of the possibility of such damages.
9.3 In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries, and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors, or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
(a) the content or other information you provide when using the Services;
(b) your use of or your inability to use our Services and/or delays or disruptions in our Services;
(c) pricing, shipping, format, or other guidance and information provided by us or used for product listings;
(d) any defects or damage to a product that occurred before our acknowledged receipt of your product;
(e) bugs, errors, or inaccuracies of any kind in our Services, viruses or other malicious software obtained by accessing or linking to our Services;
(f) damage to your hardware device from the use of our Site;
(g) the content, actions, or inactions of third parties using our Services;
(h) a suspension or other action was taken by us concerning your use of the Services;
(i) the duration or manner in which your listings appear in search results; or
(j) your need to modify practices, content, or behavior or your loss of or inability to do business as a result of changes to these Corporate Policies.
9.4 Subject to clause 9.1, if clauses 9.2 or 9.3 are held to be unenforceable or inapplicable for any reason, then the total liability applicable to us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors, to you, (including reasonable legal fees), whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or about these Corporate Policies shall be limited to the lower of, (a) the price the product sold for on our Site and its original shipping costs; (b) the number of fees in dispute not to exceed the total fees that you paid to us in the twelve (12) months before the action giving rise to the liability; or (c) three hundred Dirhams (AED 300).
9.5 You agree to indemnify and hold us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, or licensors harmless from and against any losses, damages, and expenses (including legal fees and attorney’s fees) (“Claims”) arising out of or relating to:
(a) our rejection of your product delivered to us by you under these Corporate Policies;
(b) any claims or demands made by any third party (including buyers using our Site) due to or arising out of your use of the Services;
(c) your violation of any of the provisions of these Corporate Policies, including, without limitation, any of the warranties, representations, and undertakings;
(d) your violation of any applicable laws, including, without limitation, data protection or anti-spam laws as well as any anti-bribery, anti-corruption, export control, and sanctions laws;
(e) your listed products, including concerning defects in the products, losses suffered by third parties arising from the use of your products; or
(f) how you use our Services, including, without limitation, that the content you post, the products you list or trademarks infringe the intellectual property rights of any third party or that the content of your listings is slanderous, defamatory, obscene, or violates any other rights (including privacy rights) of any third party (including other Site users).
9.6 If you breach or fail to comply with any of your obligations as set out in these Corporate Policies, you hereby agree that we reserve the right to disclose your information to third parties, including but not limited to, government or regulatory authorities and/or registered trademark owners, to resolve any issues arising from such breach.
10. Suspension and Termination of Account
10.1 Without prejudice to any of our rights and remedies and any liability to you, we may limit, suspend or withdraw your access to the Services and/or remove hosted content submitted by you or on your behalf if we consider, at our sole discretion that: (a) you have breached these Corporate Policies in any manner whatsoever; (b) we reject a product delivered to us by you under these Corporate Policies; (c) you are not reasonably cooperating with an investigation by us or any law enforcement or regulatory agency; (d) you have failed to meet the agreed performance indicators; or (e) our continued provision of Services to you would expose us or other Site users to regulatory action or another material risk. Upon termination of your account, your seller account registration shall cease to exist
10.2 Termination of these Corporate Policies (howsoever occasioned) shall not: (a) affect any accrued rights or liabilities of either party; (b) affect any provision of these Corporate Policies that is expressly or by implication intended to continue on or after termination; or (c) require a court order.
11. Confidentiality
11.1 For these Corporate Policies, "Confidential Information" means our (or a Site user’s) non-public, confidential, secret, or proprietary material and information that has been or may be, directly or indirectly, disclose to you or which you come into the possession or knowledge of, whether in verbal, written, graphic, electronic or other form, in connection with or as a result of entering into these Corporate Policies.
11.2 You will maintain the confidentiality of all Confidential Information we may provide you or which you receive as a result of your use of the Services and will not release, disclose, use, make available, or copy any such Confidential Information without our prior written consent. You may disclose Confidential Information to employees, agents, or subcontractors on a need-to-know basis only. Excluded from this obligation of confidentiality is Confidential Information which:
(a) is known or becomes known to you directly or indirectly from a third-party source not having an obligation of confidentiality to us;
(b) becomes publicly known or otherwise ceases to be secret, proprietary, or confidential, except through your breach of these Corporate Policies;
(c) is independently developed by you; or
(d) is required to be disclosed by a government authority or by law, provided that you give us reasonable prior written notice sufficient to permit us to contest such disclosure.
12. General
The provisions in the Terms of Use concerning the below clauses are hereby incorporated into these Corporate Policies and any reference in the Terms of Use to “Terms of Use” shall be interpreted as “Corporate Policies”. The list of clauses to be incorporated are as follows: governing law, dispute resolution, third party rights, the relationship of the parties, further assurances, assignment, entire agreement, amendment, severability, force majeure, no waiver, communications; and survival.