TERMS & CONDITIONS
These ("Terms & Conditions") govern your membership on and use of the website shofon.com (the "Shofon Site" or the "Site") and your purchases and use of products available through the Site. The Site is operated by HIRZ General Trading LLC, Flat 406 Sheikha Noora Tower, TECOM, Dubai, United Arab Emirates, and/or its subsidiaries and affiliates (collectively, "HIRZ General Trading"). Your use of the Site constitutes your agreement to follow and be bound by the Terms & Conditions. We reserve the right to update or modify the Terms & Conditions at any time without prior notice. For this reason, we encourage you to review the Terms & Conditions whenever you the Site. If you do not agree to these terms, you can stop using this Site. By establishing membership on the Site or purchasing or using products through the Site, you are considered being acknowledged and agreed as follows:
You represent that you are (a) at least 18 years of age, (b) of legal age to form a binding contract, and (3) not a person barred from entering into contracts under your local jurisdiction. You shall establish and use your membership on the Site, and purchase and use the products available through the Shofon Site, in strict compliance with these Terms & Conditions and all applicable laws, rules and regulations (collectively, "Laws"). All calls, emails and other communications between you and Shofon may be recorded.
Establishing a Membership You may establish a membership on the Site. Enrollment requires you to (1) indicate agreement to these Terms & Conditions, (2) provide contact information and identification details, and (3) submit any other form of authentication as required by Shofon as part of the enrollment process. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.
Use of Membership
You shall not use your Shofon membership for any fraudulent or improper purpose or any purpose that is competitive to Shofon. You shall notify Shofon immediately by emailing [email@example.com] of any unauthorized use of your Shofon membership or the Shofon Site known to you. Shofon reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. Shofon neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with Shofon. Termination of your access or use will not waive or affect any other right or relief to which Shofon may be entitled.
Shofon may terminate your membership and refuse any and all current or future use of the Site (a) in order to comply with applicable Law, (b) if you provide any information that Shofon determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (c) if Shofon determines, in its sole discretion, that you are using your Shofon membership in a manner not permitted by these Terms & Conditions, or (d) in other circumstances, as Shofon deems appropriate in its sole discretion.
Shofon may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Shofon deems appropriate in its sole discretion. Shofon also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Shofon will either not charge you or refund the charges for orders that we do not process or cancel. Return Policy Shofon accepts returns on certain merchandise on a case-by-case basis. For Shofon’s Return & Cancel Policy, which may change from time to time, please see (https:// shofon.com/pages/returning-item)
Shofon tries to provide accurate descriptions of products on the Site. Shofon does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product offered on the Shofon Site is not as described, your sole remedy is to return the item, as specified in the Return Policy. Pricing Information Shofon strives to provide accurate pricing information regarding the products and services available on the Shofon Site. We cannot, however, insure against pricing errors. Shofon reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the Site as a result of an error. If this occurs, Shofon will notify you by email. In addition, Shofon reserves the right, at its sole discretion, to correct any error in the stated full retail price. Product Availability The Shofon Site may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, Shofon cannot guarantee that an item listed as available will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product may be available when a customer places the order, and sold out by the time Shofon attempts to process the order. Should this happen, Shofon will notify you by e-mail. Shipping and Tax Shipping and taxes will be calculated based on the country and method of delivery and indicated at the time of checkout.
LIMITATION OF LIABILITY
The providers whose products are available on the Shofon Site are independent contractors and not agents or employees of Shofon. Shofon is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. You acknowledge and agree that you assume full responsibility for your use of the site and/or for use of the Shofon membership, communications with third parties, and purchase and use of the products and services available through the Shofon Site. You acknowledge and agree that any information you send or receive during your membership and/or use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law (including, without limitation, consumer protection law), neither Shofon nor its licensors, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to (a) this Site, or any other Site or resource you access through a link from this Site; (b) any action we take or fail to take as a result of communications you send to us; (c) your Shofon membership, any termination or cancelation of your membership; (d) any products or services made available or purchased through the Shofon site, including any damages or injury arising from any use of such products; (d) any delay or inability to use the Site or any information, products or services advertised in or obtained through the Site; or (e) the modification, removal or deletion of any content submitted or posted on the Site
You agree to defend, indemnify and hold Shofon harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Terms & Conditions. ELECTRONIC COMMUNICATIONS When you use the Site or send emails to Shofon, you are communicating with Shofon electronically. You consent to receive electronically any communications related to your use of this Site. Shofon will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Shofon intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the Shofon Site. ENTIRE AGREEMENT These Terms & Conditions constitute the entire agreement of between you and Shofon regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms & Conditions.
If any provision of these Terms & Conditions enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
The failure of Shofon to act with respect to a breach of these Terms & Conditions by you or others does not waive Shofon’s right to act with respect to subsequent or similar breaches. If any content on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Mindful of the high cost of litigation, both you and Shofon agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Terms & Conditions or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to: firstname.lastname@example.org, +971 4 565 7800. Both you and Shofon agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
These Terms & Conditions and the relationship between you and Shofon will be governed by the laws of the United Arab Emirates. Effective 21st December, 2017