1.1 IN THESE TERMS AND CONDITIONS:
“Business Day” means a day (other than a Saturday and Sunday or public holiday) when banks in Dubai are open for business.
“Conditions” means these terms and conditions of sale and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and the Seller;
“Customer” means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller;
“Contract” means the contract for the sale and purchase of the Goods to which these Conditions apply;
“Due Date” means the date on which the Goods are purchased by the Customer;
“Force Majeure Event” means any event beyond the Seller’s reasonable control, which by their nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including the Customer’s failure to be present to accept delivery of the Goods at the agreed time and place for delivery, the Seller’s inability, despite their reasonable endeavours, to contact the Customer to agree a time for delivery, strikes, lock-outs or other industrial disputes (whether involving their own workforce or a third party’s), failure of transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics, pandemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
“Goods” means the antique(s), artefacts, old currency and coins and work(s) of art which the Seller is to supply in accordance with these Conditions;
“Purchase Price” means the price of the Goods together with any applicable value added tax and Transport Costs;
“Seller” means ULTIMATE TRADING AND CONSULTING DMCC;
“Transport Costs” means charges for transport, packaging, insurance and customs dues;
“Website” means the website www.orientalnumismatics.com
“Writing” includes physical documentation, facsimile transmission and email but does not include text messages sent by mobile phone or similar apparatus.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. About the Seller and How to Contact the Seller
2.1 The Seller can be contacted using the details specified in clause 18 below or by filling Contact Form on Website.
2.2 If the Seller is required to contact the Customer they will do so by telephone or by Writing to the Customer at the email address or postal address provided by the Customer when the Customer places the order.
3. Basis of the Sale
3.1 These Conditions shall apply to the Contract and govern the Contract to the exclusion of any other terms and conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar document.
3.2 All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to these Conditions.
3.3 No variation to these Conditions shall be binding unless agreed in Writing by the Seller.
3.4 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Customer acknowledges that they do not rely on, and waive any claim for breach of, any such representations which are not so confirmed. In respect of such written representations please see clause 12 below.
3.5 Any typographical, clerical or other error or omission in any quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
3.6 The Contract is formed when the Customer accepts the Seller’s quotation for the Goods or the Seller accepts the Customer’s order of the Goods.
3.7 Any Goods made available through the Website are intended for non-commercial use, and purchase of any Goods for resale purposes is strictly prohibited.
4. Orders
- No order submitted by the Customer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller or Seller’s authorised representative.
- No order which has been accepted by the Seller may be cancelled by the Customer other than in accordance with clause 11.
5. Images of the Goods
Goods may vary slightly from images of them provided by the Seller. Images of the Goods are for illustrative purposes only and the Goods may vary slightly from those images. Although the Seller has made reasonable efforts to display the colours accurately, the Seller cannot guarantee that a device’s display of the colours accurately reflects the colour of the Goods.
6. Price of the Goods
6.1 The price of the Goods shall be the price agreed between the Customer and Seller as set out in the Seller’s written quotation or indicated on the Website as “Price”.
6.2 Except as otherwise stated under the terms of any quotation or in any price list of the Seller or indicated as the Price on the Website, all prices are given by the Seller on the basis of delivery to the Customer at the Seller’s premises and, where the Seller agrees to deliver the Goods otherwise than at the Seller’s premises, the Customer shall be liable to pay the Seller’s Transport Costs. For export sales see also clause 13 below.
6.3 The Purchase Price of the Goods shall be in the local currency, i.e. UAE Dirhams. Any fees or charges for payment in any other currency shall be borne by the Customer.
6.4. The Purchase Price of the Goods on the Website shall be quoted as follows: (a) price of the Goods exclusive of the UAE value added tax (VAT); and (b) sum of VAT applicable depending on the delivery location, which is currently 5% VAT on the UAE deliveries and 0% VAT on international deliveries; (c ) Transport Costs will be added at the checkout and will be indicated as a separate charge on your order form.
7. Terms of Payment
7.1 The Customer shall pay the Purchase Price on the Due Date on the Website by debit or credit card, pay pal, bank transfer or other means of payment acceptable to the Seller. The time of payment shall be of the essence of the Contract. Receipts for payment will be issued once the payment is received.
7.2 The Seller shall be permitted to verify the authenticity and sufficiency of the information that Customer provides, and if the Seller is unable to verify the information automatically, the Seller’s representatives may contact the Customer and/or debit or credit card issuing bank to confirm the Customer identity and/or his/her intent to place the order.
7.3 By placing an order or making a payment through the Website, the Customer warrants that he/she is legally capable of entering into binding Contract and that all information provided to the Seller for the purpose of processing payments is correct and the Customer is authorised to utilize the preffered payment method. The Customer acknowledges that the Selller will be entitled to verify the authenticity and sufficiency of the payment information the Customer provides. The Seller reserves the right to cancel the order at any stage, in the event that it is unable to verify the information that Customer provides, or the payment method selected. In the event of such cancellation by the Seller, it will refund the Customer the full amount that he/she has paid.
7.4 The Customer acknowledges and agrees that the Seller shall conduct pre-payment screening on the Customer and the information the Customer has provided. These checks are designed to prevent the Seller from conducting business with a sanctioned individual, entity or country in violation of any applicable laws and regulatory requirements in the territories it operates.
7.5 If the Customer fails to make any payment of the Purchase Price in full on the Due Date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled:
7.5.1 to rescind the Contract, repossess the Goods and, claim damages for any loss the Seller has suffered; and/or suspend any further deliveries to the Customer; or
7.5.2 where the Seller decides not to exercise their right under 7.5.1 to appropriate any payment made by the Customer for the Goods (or goods supplied under any other contract between the Customer and the Seller) as the Seller deems fit; and
7.5.3 to charge the Customer interest (both before and after any judgment) on the amount unpaid, at the rate of twelve per cent per annum from the Due Date, until payment in full is made (a part of the month being treated as a full month for the purpose of calculating interest).
8. Set-Off
The Customer is not entitled to set-off against any sums payable to the Seller in respect of the Goods any monies allegedly or actually owing by the Seller to the Customer. The Purchase Price payable is payable in full in all circumstances.
9. Delivery
9.1 Delivery of the Goods shall be made to the Customer:
9.1.1 at the Seller’s premises at any time after the Seller has given notice in Writing to the Customer that the Goods are ready for collection or,
9.1.2 if some other place for delivery within the UAE is agreed by the Seller, by the Seller delivering the Goods to that place within 7 Business Days after the day on which the payment was received by the Seller from the Customer, unless otherwise agreed by the Parties in Writing,
9.1.3 where the Customer has requested that the Goods shall be delivered internationally, the courier services shall be used and the provisions of clause 13 shall apply.
9.2 Delivery of an order shall be completed when the Seller delivers the Goods to the address that the Customer provided, or the Customer collects such Goods from the Seller.
9.3 The Goods are shipped to the Customer based on the information which he/she provides. The Customer is responsible for the accuracy of such information. If any regulations are breached (including but not exclusively export/import regulations) due to inaccurate information provided by the Customer then the Customer is responsible for such breach. The carrier may contact you to arrange deliveries, confirm delivery details and rearrange deliveries (where applicable) from time to time.
9.4 If no one is available at the delivery address to take delivery, the carrier may leave a delivery attempt notice to advise that the Goods has been returned to their local depot. If this occurs, please contact the carrier at the number listed on the delivery attempt notice. If you have further issues, please contact the Seller.
9.5 Time for delivery shall not be of the essence, unless the Customer and the Seller have specifically agreed that time for delivery would be of the essence. The Seller shall not be liable for any failure or delay in delivering the Goods. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Customer.
9.6 If the Seller fails to deliver the Goods for any reason, the Seller’s liability shall be limited to the Purchase Price of the Goods paid by the Consumer and received by the Seller. This limit represents the Seller’s total liability for any losses in connection with or arising out of the Contract and the Customer’s attention is specifically drawn to the fact that no consequential loss of any kind is recoverable. All liability is excluded.
9.7 Where the Goods are to be delivered in instalments, any failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as a whole as repudiated.
9.8 If the Customer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of the Seller’s fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may:
9.8.1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
9.8.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract.
10. Risk and Title
10.1 Unless otherwise agreed in Writing, risk of damage to or loss of the Goods shall pass to the Customer:
10.1.1 at the time of delivery;
10.1.2 in the case of Goods delivered by a carrier of the Customer’s choosing, and that carrier was not offered by the Seller at the time that the Goods are passed to the carrier of the Customer’s choosing.
10.1.3 in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when the Seller or appointed carrier has tendered delivery of the Goods.
10.2 Notwithstanding delivery, the passing of risk in the Goods, and any other relevant provision of these Conditions, title in the Goods shall not pass to the Customer until the Seller has received payment of the Purchase Price in full, in cash or cleared funds.
10.3 Where the Seller has exercised their right under clause 7.5.2 to appropriate any payment made by the Customer to such of the Goods (or the goods supplied under any other contract between the Customer and the Seller) as the Seller deems fit, title in the Goods shall not pass to the Customer until the Seller has received payment of the Purchase Price in full, in cash or cleared funds, for the Goods. For the avoidance of doubt, where the Goods under the Contract comprise several items, title in each such item shall not pass to the Customer until the Seller has received payment of the full Purchase Price for the Goods, in cash or cleared funds.
10.4 Until such time as the title in the Goods passes to the Customer, the Customer shall hold the Goods as the Seller’s fiduciary agent and bailee.
10.5 Until such time as the title in the Goods passes to the Customer:
10.5.1subject to agreed payment terms, the Seller shall be entitled to rescind the Contract, repossess the Goods and claim damages for any loss the Seller has suffered; or suspend any further deliveries to the Customer;
10.5.2 the Customer will retain possession of the Goods, neither sell nor transfer over to any other person nor dispose of any interest in the Goods, and insure them for not less than the Purchase Price;
10.5.3 if the Goods consists of more than one item the Customer will keep those items together;
10.5.4 the Customer will ensure that any identifying marks showing that the Seller owns the Goods are clearly displayed on the Goods;
10.5.5 the Goods should be stored separately from other property, at no cost to the Seller; and
10.5.6 the Customer shall not carry out any work to the Goods and ensure that the Goods are kept in the same condition as upon delivery and shall not carry out works of restoration or repair on the Goods.
11. Customer’s Right to Cancel the Contract and Return of the Goods
11.1 The Customer has the right to cancel the Contract for any reason in accordance with this Clause 11.1 before the Goods had been dispatched, but no later than within 24 hours from the time of payment. Provided that the notice had been served within this time frame in compliance with clause 11.2, the Seller shall refund the Purchase Price received from the Customer to the original means of payment, i.e. card/account from which the payment for the Goods was made.
11.2 In the event that the Customer is entitled to cancel the Contract pursuant to Clause 11.1, the Customer shall notify the Seller in Writing using the Seller’s details as set out in clause 18. The Customer may notify the Seller by completing and submitting the contact form or by contacting the Seller by phone and email and providing their name, home address, details of the order and address, phone number and email address.
11.3 In the event that the Customer desires to cancel the Contract after the Goods have been dispatched to the Customer, the Customer shall immediately contact the Seller as provided in clause 11.2 and shall not accept the delivery of Goods from carrier and shall return the Goods in the carrier’s unopened packaging to the Seller’s premises where they were purchased (unless otherwise specified by the Seller) in a method requested by the Seller. The Customer shall bear the cost of returning the Goods to the Seller and shall insure them for their full value. Returned Goods must be in unopened Seller’s and carrier’s packaging and must be accompanied by the original receipt or invoice. All refunds are subject to inspection and verification of Goods by the Seller. If the returned Goods are not fully resaleable, whether through a damage of the Goods or the packaging, the Seller reserves the right to refuse a refund partly or in total.
11.4 Where the Customer is entitled to a refund of all or part of the Purchase Price in accordance with clause 11.3, the Seller shall refund the Purchase Price to the Customer by a credit note or exchange of Goods. Deductions may be made from refunds where the Goods are returned in an unacceptable condition.
11.5 Coins that have been encapsulated (“slabbed”) by a grading and/or authentication service may not be returned for any reason, including authenticity, if they have been removed from the encapsulation (“slab”).
11.6 The Seller shall be entitled not to refund the Purchase Price if the coins have been removed from the encapsulation (“slab”) or any other damage is caused to the Goods by the Customer’s handling of the Goods in a way which would not be permitted in the Seller’s premises or the Goods arrived damaged from the carrier.
11.7 The Seller is under a legal duty to supply the Goods that is in conformity with this Contract. If the Customer wishes to return the Goods which are faulty or non-conforming with the description, he/she should notify the Seller in Writing with a proof of such claim and return such Goods to the Seller within 14 days of delivery date. Upon receipt of notice regarding faulty or misdescribed Goods, the Seller will first need to examine the Goods and confirm that the Goods are faulty, damaged, or do not correspond to the description on the Website. Once confirmed, the Seller will refund the Purchase Price of the Goods and the original shipping and handling charges paid by the Customer (the maximum refund in relation to transportation cost will be delivery by the least expensive delivery method the Seller offers). If the Seller determines the Goods are not faulty, the Customer will not be entitled to a refund and the Seller will return the Goods to the Customer at the latter cost.
11.8 The Seller will usually credit the refund back to the form of payment that the Customer used to pay for the Goods within approximately fourteen (14) days from the date that the Seller receives the Goods. Please note, it may take longer for the refund to appear on payment card statement.
12. Warranties and Liability
12.1 Save as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or law are excluded to the fullest extent permitted by law.
12.2 Any representation or statement by the Seller as to the authorship, origin, date, age medium, attribution, genuineness, provenance or condition is a statement of opinion only based on the generally accepted opinion of scholars and experts current at or about the time of sale, and no warranty is given by the Seller in respect thereof. The Seller does not accept any liability in the event that, after the Contract is made, there is a change in such generally accepted opinion.
12.3 Goods are sold with all faults and imperfections and the Customer should satisfy themselves by inspection as to their condition or otherwise and rely on their own judgment. Goods are not warranted fit for any particular purpose. The Customer should satisfy themselves as to the suitability of the Goods for any intended purpose. The Seller will not be responsible for any subsequent deterioration of the Goods, howsoever occasioned, after the Contract has been entered.
12.4 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Customer by reason of any representation or any implied warranty, condition or other term or any duty at common law or under the express terms of the Contract, for any consequential loss or damage (whether for loss or profit or otherwise howsoever), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer, except as expressly provided in these Conditions. The liability of the Seller shall not in any circumstances exceed the Purchase Price of the Goods.
13. Export Terms
13.1 Where the Goods are to be exported from the United Arab Emirates, the provisions of this clause 13 shall (subject to any special terms agreed in Writing between the Customer and the Seller) apply notwithstanding any other provision of these Conditions.
13.2 The Seller provides the service of determining the appropriate taxes and duties to be applied to the importation of the Goods by the Customer, and to collect, report and remit these taxes and duties, as applicable, on the Customer’s behalf, to the appropriate tax authority. By accepting these Conditions, the Customer authorises the Seller to accept any additional claims for levies (additional assessment) from the relevant customs authorities. By ordering Goods from the Seller, the Customer hereby authorises a licensed customs broker chosen by the Seller to act as the Customer’s agent and transact business with foreign revenue authorities to clear the Goods, account for duties and taxes on the Customer’s behalf, if applicable return the Goods and if applicable, prepare and submit refund claims on the Customer’s behalf for any Goods that the Customer returns.
13.3 The Customer shall be responsible for complying with all legislation and regulations governing the export from the United Arab Emirates or the importation into the country of destination of the Goods, including obtaining any necessary export license or permit and for the payment of any duties thereon. This clause shall apply notwithstanding the Seller agreeing to make the necessary arrangements for export and delivery abroad. It shall be the Customer’s obligation to provide the Seller with all relevant documents and information no later than seven days prior to the proposed date of shipment. Any and all costs of obtaining a license and/or any other permits will be the responsibility of the Customer.
13.4 Where the Customer has indicated that the Goods are intended for export, the Customer will be charged for all value added tax due (if any) if the Goods are not subsequently exported in accordance with the rules and requirements of the UAE Federal Tax Authority (FTA) and Customs Authority.
13.5 If, because of the intention to export the Goods, the supply of the Goods is zero rated or not subject to value added tax the Customer shall take all necessary steps to export the Goods within the time limits and in accordance with the requirements of FTA and Customs Authority and shall notify them of the export. The Customer shall indemnify the Seller against any claims made against the Seller for value added tax, customs dues or other expenses or penalties charged by the abovementioned authorities because of the Seller’s failure to observe the said requirements.
13.6 Unless otherwise agreed in Writing by the Seller, the sale of the Goods shall not be conditional on obtaining an export license and/or permit. Failure or delay in obtaining a license/permit will not constitute a basis to cancel a purchase or delay payment for the Goods or any costs incurred in obtaining a license. Obtaining any necessary license/permit shall be the responsibility of the Customer.
13.7 Any damage during international transportation shall be notified in writing by the Customer to the Seller immediately upon receipt of the Goods but no later than within 2 days of receipt.
14. Copyright
Where the copyright of any images or other materials produced for the sale of the Goods subsists in the Seller, any such images or other materials shall not be used by the Customer without obtaining the prior consent of the Seller in Writing, and the Seller shall continue to have the right to use such images or materials after the sale of the Goods. No representations or warranties, express or implied, are given such that, in acquiring the Goods, the Customer will acquire any copyright or any rights of reproduction in the Goods.
15. Governing Law and Dispute Resolution
15.1 In the event of a dispute arising out of or relating to this Contract, including any question regarding its existence, validity, interpretation, performance, breach or termination and/or any dispute relating to any non-contractual obligations arising out of or in connection with them, qualifies for determination through the DIFC Small Claims Tribunal (“SCT”), then the SCT shall have exclusive jurisdiction to settle any such Dispute.
15.2 For Disputes that do not qualify for determination through the SCT, the courts of the Dubai International Financial Center (DIFC), Dubai, United Arab Emirates shall have exclusive jurisdiction to settle such Dispute and each party submits to the exclusive jurisdiction of the courts of the DIFC. For the purposes of this section, you waive any objection to either the courts of the DIFC or the SCT, as applicable, on the grounds that either of them is an inconvenient or inappropriate forum to settle any Dispute.
15.3 The language to be used in the dispute proceedings shall be English.
15.4 The governing law of the Contract shall be the Dubai law and the federal laws of the United Arab Emirates.
16. Notices
16.1 Any notice given under or in connection with these Conditions shall be in Writing and shall be:
16.1.1 delivered by courier or other delivery service to the recipient’s address as agreed;
16.1.2 sent by fax to the recipient’s main fax number as agreed; or
16.1.3 sent by email to the address as agreed.
16.2 Any notice shall be deemed to have been received:
16.2.1 if sent by courier or other delivery service, at the time recorded by the delivery service; or
16.2.2 if sent by fax or email, at 9.00 am on the next Business Day after transmission.
16.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
17. General
17.1 No waiver by the Seller of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
17.2 The Contract and any interest therein shall not be assignable by the Customer.
17.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
17.4 Considering the nature of the Goods, to the extent permitted, the UAE Consumer Protection Law shall not be applicable to the Customer hereunder.
17.5 We do not sell products for purchase by children. If you are under 21 you may only purchase the Goods with the involvement of a parent or guardian.
17.6 The Seller reserves the right to make changes to these Conditions of Sale at any time. The Customer will be subject to these Conditions of Sale in force at the time that he orders the Goods, unless any change to these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed).
18. Seller’s Contact Details
ULTIMATE TRADING AND CONSULTING DMCC
Offices 801, 802, 803
Swiss Tower,
Cluster Y3, Jumeirah Lakes Towels
P.O.Box 75189, Dubai, UAE
EMAIL: _____________