Terms and Conditions
This document is a legally binding agreement between all parties of the contracts.
Homedevo is a marketplace, for sellers and buyers of construction materials, which provide various services such as:
Sell on HomeDevo:
Sellers can place anything related to constructions & building materials from A-Z. This activity is labelled as “Sell on HomeDevo”. HomeDevo process transactions taking place between sellers and customers based on A-Z approach.
Fulfillment & Delivery by HomeDevo (FDHD):
Through HomeDevo delivery network, fulfills orders of customers in shortest possible time. This includes picking up the deliveries from sellers’ workplaces and dropping it to the customers’ workplaces. Fulfillment & delivery services, also include storage services.
Promotions & Advertisement Services (PAS): HomeDevo is a marketplace to promote constructions & building materials from A-Z to the potential customers.
Subscribing to Homedevo.com, enables both of sellers and buyers to take the best decisions according to their constructions and building materials needs, by providing the access to get innovative ways of selling and buying. There are five memberships plans such as (Bronze, Silver, Gold, Platinum and Diamond) which are including distinctive features for each plan.
This agreement (Terms & Conditions) shall be in accordance with the divisions of the general definitions, services and registrations offered in the Homedevo website. The sellers shall be deemed to have read and agreed with this terms and conditions and accepted its status.
1- “Homedevo.com" means:
UAE based online portal for trading of constructions and building materials and other materials at website.
2- " Transactions’ information from Homedevo.com" means:
Any information acquired by users or their affiliates from Homedevo, regarding any transactions which is under this agreement or its performance.
3- "Laws & Jurisdiction" means:
The UAE federal laws and any other laws applicable in this regard.
4- "Sales Proceeds" means:
The gross proceeds from any transaction, including all shipping, handling, taxes and customs.
5- "Local Currency" means:
Applicable one of the following:
(AED) United Arab Emirates Dirham or (USD) United States Dollar.
6- "Orders Information" means:
Order information and shipping details for all products being ordered through Homedevo.
7- "Seller Dashboard" means:
The online dashboard which is provided and allocated by Homedevo.com for sellers in order to manage their orders, products’ information and account balances etc.
8- "Technology" means:
Any technical processes, concepts and method of operations protectable under laws of any jurisdiction.
9- "Homedevo website" is:
10- "Listing Fees" means:
The applicable charges or fees which is going to be charged by Homedevo for using the special feature to list users' products directly on Homedevo.
11- " Sales proceeds" means:
The gross amount of a transaction which has been charged by the supplier and paid by the customer.
12- "Closing fees" means:
The fee or charges which is going to be charged by Homedevo.com, at the successful conclusion of the transaction.
13- "Referral Fee" means: The fee or charges which is going to be charged by Homedevo, for referring customers to suppliers and otherwise.
14- "Subscription Fee" means: The fee specified on fee schedule for subscribing to the services of Homedevo at the time of registration.
15- “Refund Administration Fee" means: The applicable fee which is going to be charged by Homedevo to manage the refunds on behalf of users.
16- "Homedevo-Fulfilled Products" means: Usage of Homedevo’s fulfillment services for any of user’s products.
17- " Return Policies" means: The return and refund policies which is published on Homedevo.com.
18- "Expected Ship Date" means: The expected date of when the shipment will take place.
19- "Purchase Price" means:
The total amount which is payable or paid for users’ products by a customer including all taxes.
20-"Remittance Calculation Date" means:
The date at which the remittance will be calculated. Such date will occur two (2) days before remitting the balance to users’ account.
21- "Required Product Information" means: All the information of users' products which are listed on Homedevo.com, except which are excluded by the policies adopted by HomeDevo.com, and these information includes the following:
(a) Description, including as applicable, location-specific availability and options, scheduling guidelines and service cancellation policies
(b) SKU and UPC/EAN/JAN numbers, and other identifying information may be requested by Homedevo if necessary.
(c) Information regarding in-stock status and availability, shipping limitations, requirements and Information related to the shipment (in each case, in accordance with any categorizations prescribed by Homedevo from time to another).
(d) Categorization within each Homedevo product category and browse structure as prescribed by Homedevo from time to another.
(e) Digitized image that accurately depicts the users' product only, complies with all Homedevo image guidelines, and does not include any additional logos, text or other markings.
(f) Purchase price.
(g) Shipping and handling charges (in accordance with
our standard functionality).
(h) Any text, disclaimers, warnings, notices, labels, warranties, or other content are required by applicable law to be displayed in connection with the offer, merchandising, advertising, or sale of seller product.
(i) Any vendors' requirements, restocking fees or other terms and conditions, which are applicable for any product, a customer should be aware of prior to purchasing the product.
(l) Product dimensions.
(n) A delimited list of technical specifications.
(o) SKU and UPC/EAN/JAN numbers (and other identifying information, as HomeDevo may reasonably request), for accessories related to sellers product that are available in the catalog
(p) The state or country that the users product ships from.
(q) Any other information reasonably requested by HomeDevo (e.g., the condition of used or refurbished products, invoices and other documentation demonstrating the safety and authenticity of sellers products).
22- "Seller-Fulfilled Products" means The products which are to be fulfilled by users.
23- "Shipment Information" means: The estimated or promised shipment and delivery date.
24- "HomeDevo Fulfilled & Delivered Units" means: Units fulfilled and delivered using FDHD which are sold through Homedevo website.
25- "FDHD Excluded Product" means: Any unit that is an excluded product or otherwise is prohibited by FDHD terms.
26- "Foreign Address" means: Any address that is located outside UAE and all its emirates.
27- "Fulfillment & Delivery Request" means: A request that is being submitted to Homedevo, in accordance to the standard submission methods as prescribed by Homedevo, to fulfill and delivered certain units to certain places.
28- "Sellable Unit" means: A unit that is in a sellable and good condition, and not an unsuitable unit for selling purposes.
29- "Shipping Information" means: With respect to any purchased product, the following information should be there: the name of the recipient, shipping address, quantity of units to be shipped, and any other shipping-related information may reasonably request by Homedevo.com.
30- "Unit" means: The unit of the users product that its being delivered to Homedevo.com in connection with the FDHD terms and conditions.
31- "Unsuitable Unit" means: A unit (a) That is defective, damaged, unfit for a particular purpose, or lacking required label(s).
(b) The labels which were not properly registered with Homedevo before shipment, or do not match the product that was registered. (c) Any excluded product by FDHD, or doesn't comply with the agreement (including applicable service terms and program policies). (d) ) that Homedevo determines is unsellable or unfulfillable; or
(e) Homedevo.com determines if the products are unsuitable for any other reasons
32- "Agent" means: An agency which act as an agent for Homedevo users for promotions and advertisements services.
33- "Homedevo PAS user" means: Any entity or person enrolled to use HomeDevo promotions and advertisements services.
34- "Homedevo’s Properties" means: Homedevo’, vehicles, storage facilities and materials, etc.
35- " Users Ads" means: Promotions and advertisements of users services and products using Homedevo properties.
Users access to and availing distinguished services of Homedevo is governed by this agreement (The “Agreement”). This Agreement is between you or the business you represent and Homedevo. These terms and conditions take into effect upon completion of registration on Homedevo website.
Sell on Homedevo.com: To become a vendor.
1- Registration may be for one or more Homedevo services and it must be completed to avail the services. Registration is exclusively for those users who can lawfully enter into contract and form contracts under applicable rules and regulations. As part of the registration process, users must enter their legal name or their business’ legal name, registered business address, phone number and e-mail address. Line of services and its provision is at the sole discretion of Homedevo and it may cease to provide any or all the services at any time.
2- Login Information & Security:
Any login information or password provided to users after a successful registration to Homedevo.com, is for the purpose of electronically accept users’ transactions and review their completed transactions. Security of login information and passwords, is the users sole responsibility, and users may not disclose such information to a third part, and in case of doing that , it shall be on the own risk of users. In case if your login information or passwords of users are compromised, users should immediately proceed to change their information.
3- Alteration, Modification & Amendments
It is at Homedevo’s sole discretion to either alter, modify or amend any of the terms and conditions that are making part of this Agreement. Any changes made herein shall be posted on seller dashboard or on Homedevo website, it is users’ responsibility to review those terms and conditions. Any notification regarding a modification or amending, shall be notified for 30 days. Users should refer regularly to seller dashboard for reviewing the current agreement to ensure that offered services are in line with applicable policies.
If users continued using the services after Homedevo's posting of any changes, it means their constitute on acceptance of such changes or modifications
4- Illustrations & Representation:
By registering under this agreement, users represent and warrant to Homedevo.com the following: (1) The user is an existing, organized, lawful business under the laws of country, in which the business is registered. (2) Users have the power, authority and right to enter into this agreement, honor your liabilities and obligations, and grant the licenses, rights and authorizations in this agreement; (3) You declare that all the information provided to Homedevo.com or its affiliate companies are accurate and complete.
(4) Users and all of their suppliers, agencies and subcontractors will be in compliance with all applicable laws in users’ performance of their obligations and exercised of their rights under this agreement.
5- Feedback Information and Suggestions:
Homedevo may use and exploit the disclosed, modified, licenses, transferred and other information that users provided as a part of any suggestions, comments, ideas or feedback on Homedevos' services. For any inquiries related to government, Homedevo.com may give the access and disclose any information as is required by the government. For the protection of customers and systems or to ensure the integrity and operations of our business. Any suggestions on using the services, users are solely responsible for any actions taken based on our suggestion.
6- Authorizations & Warranties:
Users grants Homedevo.com the authorization on their materials which they provide either to use, perform, display, modify, reformat or any other actions, either commercially or non-commercially; however, Homedevo.com will not alter any of users trademarks to extent the necessary for presentation, as long as the relative proportions of such trademarks remain the same, and it will be in compliance with users' requests, to remove as to specific use of your trademarks. Provided further however that nothing in this agreement will prevent Homedevo.com right to use users materials without their consent to the extent that such use is allowable without a license
7- Sale Proceeds Receipt & Services Fees Payment: Any expenses related to process this agreement, is users' expenses, and Homedevo.com shall not reimburse any of these expenses.
In order to use Homedevo exclusive services, users will provide Homedevo.com with valid credit card information as well as valid bank account information.
Users may only use a name they are authorized to use in connection with a service, and regularly update the necessary information which they provided to Homedevo.com to ensure that the information remains accurate, valid and complete always. Users authorize Homedevo to have the access to their credit reports from time to another, to obtain the credit authorization, from their credit card issuer , and to charge either their credit card or debit their bank account in connection to payments by them to us.
All users remittances will be remitted to their bank account through a banking network or by other means specified by Homedevo.
Homedevo.com may withhold any sums payable to user at our own discretion, only if it has been determined that users performances and actions result in chargebacks, claims and violation of Homedevo.com policies and terms. For any amounts Homedevo.com determine that you owe Homedevo, we may charge users credit card, by offsetting the payments and receivables between users and Homedevo, and issuing new invoice for the outstanding amount, reverse any credit to users bank and collect the payments from them in any other lawful means. If Homedevo.com determines that a users account is used for deceptive and fraudulent activities and consistently in contravention of Homedevo policies, then HomeDevo may withhold any payments to user. Except as provided otherwise, all amount referred to herein this agreement are in local current.
For the purposes of security, Homedevo.com may impose the transactions limit, on some or all customers or sellers. This may either be in the form of, number of transactions per day, the cumulative value of all the transactions per day or for a certain period. Homedevo.com will not be liable to users if: 1. If any transaction is not being processed, because of the limits set by Homedevo.com for security reasons. 2. If the customer is permitted to withdraw from the transaction, because Homedevo.com services is unavailable following the commencement of transaction.
8- Value Added Tax & Other Taxes Matters:
Users will be responsible for collection, reporting and payment of all their taxes applicable. However, there are exceptions, where Homedevo.com automatically calculates and collects taxes on behalf of their users, according to users’ applicable law. Homedevo.com made an express agreement to receive taxes or other charges on behalf of their users, in connection with taxes calculation services which is available and made by Homedevo.com. Users pledge to comply with the applicable taxation policies. All charges payable by users to Homedevo.com shall include taxes payable to Homedevo.
Product Orders & Listings, Products Information:
Users or the business which they represent on behalf of will provide the products information in the requisite format, for each product that is being listed on Homedevo.com for selling. Users may also promptly update the product information on regular basis, to ensure that the information remains accurate and complete. Compliance with applicable laws regarding minimum age, marking and labelling requirements will be ensured by users for all the materials and products listed. It shall also be ensured that any upload does not contain any sexual, defamatory or obscene materials.
A.Order Processing, Merchandising and Product Listing:
Users will be enabled by Homedevo.com to list, merchandising and promoting their products as permitted by Homedevo.com. Rating mechanism, will be applicable at all time, and both of Homedevo or customers will rate user's products and performance as seller. Homedevo may make these rating publicly available. All the information regarding users products orders, will be provided to users by Homedevo through the website.
Homedevo will receive all sale proceeds on your behalf. For each successful transaction Homedevo.com will remit sale proceeds to user in accordance with Sell on Homedevo Services Terms. Users will be liable to fulfill the orders in the same manner, except otherwise provided in this agreement.
C. It is Homedevo’s responsibility to provide safe shopping portal and it will bear the risk of the following:
B. Any of users products ordered by customers through Homedevo.com, and those are not opted to be fulfilled by Homedevo, in such circumstances the shipping and handling charges, will be determined in accordance to HomeDevo delivery and transport services policies, which includes the standard functionality for determination of shipping and handling charges. For more details, users may refer to the agreed delivery and transport services policies, which includes the standard functionality for determination of shipping and handling charges.
(1) Credit card fraud, or a fraudulent purchase, occurring in connection with users transactions.
(2) Defaulters or late payments by customers of users' products, except each transaction fulfilled by a user, and those are not fulfilled strictly in accordance to the agreed delivery and transport services policies.
In case of non-compliance with these policies, the user will bear all the risk of fraud or loss, Homedevo.com may conduct investigation at its sole discretion, refuse to process, restrict any destinations for shipping purposes, stop or cancel any of users' transactions, and a user will be bound to stop or cancel, any orders if Homedevo asks them for.
In case a user’s have already transferred the products to a courier company or shipper place; once Homedevo.com ask him to stop or cancel the order, then the user will carry out reasonable and commercial actions to prevent the delivery of those products to reach the customer's place. For any orders that have been stopped or canceled, in accordance to Homedevo.com instructions, users should refund the amount which has been paid by the customer.D. Products Sales & Orders Fulfillment
Sale and fulfillment process of products, starts from sourcing, offering, selling and fulfilling users products, if it is to be Seller fulfilled and not Homedevo fulfilled then; (1) Users will source, offer, sell and fulfill their products in accordance to the services terms of this agreement and any other terms displayed on Homedevo.com at the time of order, users also will be solely responsible for all the risks connected to these activities.
(2) Users will package each of their products in a commercially reasonable manner, and ship the products on or before the expected shipment date.
(3) Users will retrieve each order information, at least each business day.
(4) Users will only cancel their transactions in compliance with Homedevo.com services terms and conditions applicable at the time of order under this agreement.
(5) Users will provide to Homedevo.com, all the necessary information regarding orders fulfillment. (6) Users will ensure that they are the seller of each products.
(7) Users will ensure to attach an order specific packing slip, and (if applicable) any taxes invoices within each shipment of their products.
E. Cancellation, Returns & Refunds:
All users’ transactions including cancellation, returns and refunds, are governed by Homedevo.com policies, and it will be applicable to users’ products. Users are bound by this agreement in this regard and they will cancel, return, process refunds and make necessary adjustment in accordance to this agreement. Homedevo.com may also at its sole discretion process to cancel, return and refund for the benefit of the customer, but this will not limit users’ obligations, and they are required to meet as per this agreement. In such cases, Homedevo.com will pay the customer and users will reimburse all the amount to Homedevo.com.
F. Delivery Nonconformities & Recalls.
It is users’ sole responsibility to make correct deliveries, and any non-performance, non-delivery or any other mistake in connection with the fulfillment of users’ products shall solely be their responsibility. There is an exception if the nonconformity is the result of: (1) Credit card fraud for which Homedevo is responsible. (2) Homedevo.com failure to provide the correct order information. Users are also responsible for any defects in their products and any public or private recalls in connection to their products. Users will promptly communicate with Homedevo.com regarding the public or private recalls in related to their products.
F. Product Guarantees and Chargebacks:
In case of disputes concerning to one of users' transactions conducted on or through Homedevo.com, users shall provide the following to HomeDevo:
(1) A proof of the fact that a user have fulfilled the order.
(2) Applicable Homedevo.com order identification number.
(3) Description of products.
(4) Any terms has been provided by the user, and it was displayed on Homedevo.com at the time of transaction. Any failure on users’ part for any of the conditions, users will promptly reimburse Homedevo.com in accordance with fees and payments section of this agreement, for the amount of customer purchase which is including purchase price, shipping and handling charges inclusive of all taxes and excluding any referral fee retained and not refundable by Homedevo.com.
Users will also reimburse all associated costs of credit card transactions, and other transaction processing charges to the extent paid or payable by Homedevo.com.
(1) The applicable referral fees.
(2) The applicable closing fees.
(3) Any other fees mentioned in this agreement. Sales proceed, will not include any shipping charges which has been set by Homedevo.com, in case if users transactions consist solely of products that was fulfilled by Homedevo.
H. Except as otherwise stated in this agreement, Homedevo.com will remit all account balances appearing on users' accounts on 45 days.
Each remittance will be calculated as sales proceeds less the following:
- Referral fees.
- Transaction closing fees.
- Listing fees.
- Any other applicable fees mentioned in this agreement.
- Any amount required by Homedevo.com from user to maintain the account.
- Any taxes mentioned in the tax policies, that Homedevo.com collects and remits to the tax authority.
Homedevo.com may opt to reserve on users account based on our risk assessment, and any risk posed to customers by a user actions or performance, and it is at Homedevo sole discretion to change the reserves from time to another.
In the event of any change in users bank account information, the remittance calculation date may further be deferred by up to 15 days. In such case, immediately after changing the bank account information, the remittance will take place after an aggregate of 45 days. In such case the sale proceeds will not include for extra 15 days, which have been included solely because of changing the bank account information, and sale proceeds for these extra 15 days will be adjusted on the next remittance calculation date. Any recommendation fee charged by Homedevo.com for any of users transactions, which have been cancelled, and users refund the amount back to the customer, it will also be paid back to users’ account. However, Homedevo.com will charge the administration fees for each refund, if the refund is routed through Homedevo.com.
A non-delivery occurs, when a buyer places an order, but he doesn’t receive the product. The following are examples of non-delivery cases:
1- There is no proof that the product was shipped to the buyer.
2- A product was not sent to the address provided on Homedevo.com.
3- The seller is unable to fulfill the buyer requirements, either lack of inventory or any other reasons.
Not as Described:
A product is not as described, if the buyer can demonstrate that it is significantly different from users listing description or their photos. The following are examples of not as described cases:
1- The product received is in a different color, model, version, or size.
2- The product has a different design or material.
3- The seller failed to disclose that the product is damaged or has missing parts.
4- The buyer received incorrect quantity of products (e.g., the buyer purchased three products, but he received only two).
5- The product was advertised as authentic but it’s not.
6- The condition of the product is misrepresented (e.g., the product is described as new, but it’s used).
The cases can also be defined as late delivery. In order to define it as a late delivery, the buyer must provide proof that all these conditions have been met:
1. The products were ordered for a specific date or event.
2. The products are rendered useless after that date.
3. The seller did not ship the products according to their processing time, or the date which has been agreed upon to the conversations.
If Homedevo.com determines that a product is defined as a “late delivery” or “not as described”, users will be required to refund the order, including original shipping and return shipping.
Homedevo.com has the right to determine the appearance, design, content, functionality and any other aspect important, but not mentioned here including redesigning, modifying, removing or restricting any access and by suspending, removing or prohibiting any listing.
Transaction Processing Services Terms:
Users and on behalf of them self and the business they represent, agree to be bound by these terms and conditions, relating to transaction processing services. If users have a separate agreement for fulfillment of their products on the Homedevo website and they have separate agreement for the sale of such products, the terms of that agreement will continue to govern the processing of their transactions, to the extent describe in that agreement.
Users are authorizing Homedevo.com to transact on pay-tabs services, to act as an agent for all purposes of processing payment for all non-invoiced orders, refunds and adjustments for users’ transactions. Users may also authorize Homedevo.com pay-tabs services for remittance of sale proceeds to their bank accounts, hold sale proceeds on their behalf, charging their credit cards and pay users’ liabilities towards Homedevo.com, in connection to services fees mentioned under this agreement.
All the Homedevo pay-tabs services are collectively considered as Transaction Processing Services.
After Homedevo.com get the approval from the buyer to pay the user for the products they have sold, users agree that, the buyer authorized and ordered Homedevo.com, to commit to the buyer’s payment, excluding any applicable fees and other amounts Homedevo.com may collect under this agreement for a user. It is users’ responsibility to ensure that buyer has satisfied their obligations.
for users' transactions, when sales proceeds are received by Homedevo.com, HomeDevo will remit funds to users in accordance with the terms and conditions of this agreement.
HomeDevo pay-tabs services, will remit funds to users in accordance with the terms and conditions of this agreement and Transaction Processing Services terms and conditions. For the purpose of processing transactions, Homedevo.com pay-tabs services obligation is to remit funds collected or received by it, or otherwise credited to users available balance, in connection with users’ transactions are limited to the extent of funds available in their account, excluding any amount which users may owe to Homedevo.com, and any other taxes payable to tax authority according to applicable law, which Homedevo.com automatically calculates for each transaction.
Without limiting Homedevos’ rights to collect any amounts users owe, the Homedevo.com pay-tabs services receipt of Sales Proceeds or crediting of it to user available balance, discharges their obligation to pay applicable fees and other amounts under this agreement, to the extent of the received or credited sales proceeds, that equal or exceed the fees and other amounts users' owe, and the sales proceeds are applied on the payment of those fees and amounts.
All users’ sale proceeds will be held in users’ seller account, included in seller dashboard and it will represent an unsecured claim against the Homedevo.com pay-tabs services.
Users do not have any right to collect sales proceeds directly from the customers. Any balances held on users’ account and other users of other services, may be invested by Homedevo.com, prior to the date of disbursement funds to their accounts. Interest earned on such investments, shall not be payable to users, and it will be sole income of Homedevo.com. HomeDevo pay-tabs Services will not use any funds held on behalf of users, for its corporate purposes. Such funds will not be available for its creditors and will not knowingly attach such funds to its creditors.
Homedevo.com may at any time require users to provide any personal, business and financial information for verification purposes. Such information will solely be used for verification of users’ identity only. Homedevo.com will update and establish sellers’ accounts from time to another, based on consumer credit reports and their authorization to Homedevo.com for obtaining such consumer credit reports. Users agree that Homedevo.com will update their seller accounts upon any changes.
Users’ seller account will be declared as dormant if there is no activity in it for a certain period, which shall be notified to a user. This notification will be given to users, by the details of contacts provided by them and included in their seller account. Sale proceeds shall be maintained in users’ account for a certain period.
Payment Processing Fees:
Home devo will charge fees for successful transactions made through pay-tab (payment gateway). Pay-tab will charge a payment processing fees, for each transaction through HomeDevo pay-tab. These fees are assessed on the total amount of the sale, including tax and shipping. Payment processing fees are deducted from the sale amount in users’ payment account. These fees will be charged as per pay-tab terms at actual.
Some disputes do not qualify for Homedevo.com policy. These include:
• Products that are damaged by the shipping carrier (if properly packaged by the seller).
• Products that have been altered, used, worn, washed, or discarded after receipt.
• Products that are received after the agreed-upon delivery date due to shipping delays.
• Products that are returned without a return agreement.
• Products that are accurately described but don’t meet a buyer's expectations such as but not limited to (factory defect, malfunction products, etc.)
• Cost of shipping disputes.
• Products prohibited from sale on Homedevo.com, including services and intangible goods.
• Transactions where payment is not made via Homedevo.com checkout system.
When a dispute is ineligible as per Homedevo.com policy, we encourage both parties to work together to come to an amicable solution.
Fulfillment & Delivery by Homedevo (FDHD) Services Terms:
Fulfillment services by Homedevo ("FDHD") provides delivery, storage, packaging and all other ancillary services to users.
These services’ terms are an integral part of the agreement and by registering to these services, users agree to be bound by the agreement, including these FDHD terms. Users expressly agree that Homedevo.com may engage a third party in order to complete one or more fulfillment services.
A- Registration of Products for Availing FDHD Services: Users may apply for registration of any of their products for fulfilling by Homedevo.com, and after registration they will be included in FDHD platform. This registration can be withdrawn in total of for specific products.
B- Fulfillment and Product Information: Users will provide all the necessary, accurate and complete information that are required by Homedevo.com for provision of fulfillment
services. Users must update the product information in accordance with Homedevo.com requirements in order to ensure that the information is always accurate and complete.
C- Shipping to Homedevo Warehouse or Direct Delivery to Customer Place: In case of shipping the products to Homedevo.com warehouse for subsequent delivery to customers’ place, users will be responsible for all the associated costs to such delivery, or they may apply for Homedevo.com exclusive shipping services. In which case, Homedevo.com will pick the products from users’ business place and ship it to its warehouse. This scenario will be particularly applicable to imported products. Homedevo also provide direct delivery services from users’ place to customers’ place and Homedevo.com will charge delivery and fulfillment charges for carrying out such deliveries.
It is the sole discretion of Homedevo.com to either accept or reject any units of product for fulfillment and delivery services. Users must comply with HomeDevo standard operating procedures regarding size, weight restrictions and any other shipping requirements. If Homedevo provides any initial shipping costs prior to shipment, users acknowledge that these initial shipping costs may later be replaced by actual shipping costs. If the initial shipping information provided by users differs from that of determined by Homedevo.com then:
1. Users may be charged more if the weight of the product is more than submitted by them.
2. Users may be charged for full amount as indicated in estimated shipping costs if the actual shipping cost determined by Homedevo.com is less than that of estimated.
Users will be responsible of the risk, late delivery and damages of any of their products, and Homedevo.com will only arrange for the fulfilling of the products. These terms don’t create any liability or responsibility for Homedevo.com with respect to any delay, damages or loss incurred during the fulfilling the order.
D- Warehousing & Storage: Homedevo.com provides storage services, in accordance with these FDHD terms and conditions making part of the agreement. Homedevo.com will keep electronic records tracking inventory of units, by identifications number of units stored in any of Homedevos’ stores. Homedevo.com will not be required to physically mark or segregate units from other inventory units, (e.g.) products with same Homedevos’ products identification number. If HomeDevo mix such units with other Inventory units, users and HomeDevo agree that Homedevo.com records will be enough to identify which products will be regarded as units.
Homedevo may shift the units among storage facilities, and in this process if any damage done to these units, as a sole remedy Homedevo.com will reimburse you in accordance with these terms and conditions provided, and users should provide valid tax invoice for the compensation of such units which has been paid by them.
This reimbursement is our total liability for any duties or obligations that we or our agents or representatives may have and is users only right or remedy. At all other times, users will be solely responsible for any loss of, or damage to, any units. Homedevo.com will issue a receipt of delivery of units, upon receiving the units at Homedevos' store and if it does not:
- Indicating that any unit has been delivered and received, free of losses and damages, or that any losses or damages was discovered afterwards the confirming of the receipt of delivery.
- indicating that Homedevo.com received the number of Units specified in the shipment.
Waive, limit, or reduce any of Homedevos’ rights under this agreement. Homedevo also reserve the right to place restriction or impose limitations on the delivery and storage on users' inventory in Homedevos' storage facilities, and users will comply with any of these restrictions and limitation.
E- Fulfillment & Delivery Services: As part of Homedevos’ fulfillment and delivery services, Homedevo.com will provide shipment services including directly from the seller’s place to the customer place, from seller’s place to Homedevo storage facilities and then routing it to the customer’s place.
Homedevo.com will not be responsible for any direct shipping services provided by the seller to customer. However, if the seller has opted for FDHD then Homedevo.com will provide all the services starting from storage facilities of sellers, up to shipping it to the customer place.
Homedevo will also facilitate the sellers and customers in importing and exporting their shipment in GCC countries, China, India and rest of the world, where Homedevo.com has operations. However, such shipments will be regulated by separate terms and conditions given under FDHD guidelines.
F- Returns from Customers: Responsibility for any returns of the products and services, subsequent refunds rest with users and will be processed in accordance to the terms and conditions under this Agreement.
Homedevo.com will receive and process returns of the units fulfilled and delivered to the customer place by Homedevo.com in accordance with the terms and conditions of this agreement and FDHD services terms.
All the returned units will be placed in Homedevo’s storage facilities, and HomeDevo may fulfill customers’ orders from the returned products, with some exceptions where users will retake the title of the units returned by the customers. All the returned units will either be returned or disposed of at users direction and which is not more a sellable unit.
G- Returns to Users and Disposal: All units returned by customers shall be dealt with in accordance with users’ directions and shall either be returned to their place or disposed of.
Homedevo may return certain units for any reason including the termination of these terms and conditions. Retuned units will be sent to users designated address, unless and until the address provided by users is incorrect or outdated and users have not updated their address as per our request, and the arrangements for payment for return cannot be made by Homedevo.com.
In mentioned cases, Homedevo.com will dispose of the units at its sole discretion. The units may be disposed of provided that it is unsuitable and it will be deemed that users have consented to Homedevo.com actions in this regard:
1. If Homedevo.com determine that the unsuitable units are causing health, safety or any other associated risks, to HomeDevo or their staff or any other third party.
2. If users failed to direct HomeDevo regarding these units, and they have been notified in this regard 60 days before. After the expiry of 60 days notification, HomeDevo on its sole discretion may choose to dispose of the units.
In addition, users will reimburse Homedevo.com for any units disposed of in such a manner.
Any proceeds from the units which has been disposed of by HomeDevo, belongs to Homedevo.com.
Homedevo.com may dispose of the units that Homedevo is entitled to, after users' inaction, and Homedevo on its sole discretion may dispose of such units, and users will have no right to claim its proceeds.
It is users’ liability to promptly notify Homedevo.com for any units being recalled or potential recalls, or any other safety alerts of any of their units, and users should cooperate and assist Homedevo.com regarding any of these units, including initiating the process to returns the units to users' place in accordance to Homedevo.com standard process. Users will be responsible for all the associated costs including repair, return, store, liquidate, delivery and they will reimburse all such costs to Homedevo.com for the products which are being recalled or potential recall.
H- Customer Service: Homedevo.com will pass any customer inquiries regarding users’ units to users’ attention, at the contact address they have provided. Homedevo.com will make sure from the availability of all information, regarding the fulfillment and delivery of the units at users’ request. However, Homedevo will only provide the information to the extent it possesses in connection to the units. Beyond this,
Homedevo.com has no obligations to provide any such information which Homedevo.com doesn’t possess. It is users’ responsibility to ensure that in all communications with customers, Homedevo.com policies are complied with. Such compliance may include policies and requirements about shipping methods, returns and customer services.
Homedevo.com will be responsible if the seller has opted for fulfillment and delivery by Homedevos’ services. Such responsibilities will include packaging, shipping, handling, customer returns, refunds and adjustments. In this process, Homedevo.com will have the rights to determine whether the customer is eligible for receipt of refund, adjustment and replacement. Homedevo will require users to reimburse for the fulfilled and delivered units where it was their responsibility.
Where the units are fulfilled and delivered by Homedevo.com, and it was found that the units were damaged or lost or missing, HomeDevo will provide remedy in connection to such damaged, lost or missing units, unless it determines that such damaged, lost or missing units is caused by users' request. The remedy shall be provided at Homedevo.com options:
- For any units fulfilled and delivered by Homedevo.com.
- Ship a replacement unit to the customer, and reimburse users for the replaced unit, in accordance with the terms and conditions of this agreement.
- Processing of the refunds to customers and reimburse users, in accordance with these terms and conditions.
For any reimburse made to users in this regard, they will provide a valid tax invoice for the reimbursement made to them. All customers’ refunds will be processed in accordance with Selling on Homedevo and its transaction processing services terms and conditions. Homedevo.com will have the right to retain the fees payable by users under these terms and conditions. In case Homedevo has not been opted for provisions of fulfillment and delivery services, users will be solely responsible for all the costs associated with returns, adjustments and replacements of units. If Homedevo.com replace the units retuned by customer, and the original unit was returned by the customer, Homedevo.com will be entitle to dispose of the unit in accordance to the terms in this agreement. If the unit is a sellable unit then Homedevo will place it in its storage space allocated to users’ products and users will reimburse Homedevo.com for the applicable replacement value for the returned unit. Any unit replaced by Homdevo.com under these terms and conditions, will be deemed to be treated in the same manner as an order and sale, of such unit to the customer via Homedevo website, and subject to these terms and conditions.
I- Compensation for FDHD Services: users will compensate Homedevo.com in accordance with the fee schedule for all the services related to fulfillment and delivery by Homedevo.com. Storage fees will be charged, and it will begin on the day that the unit arrives at Homedevo storage facilities up to midnight and it will be available for further Homedevo fulfillment activities. In case of unsuitable unit, the arrival day (up to the midnight) until the earlier of;
(i) Homedevo receives a valid customer order for such unsuitable unit or a request from user to return such unsuitable unit or dispose of such unit; or (ii)
the day (up to midnight) Homedevo return such unit to user’s valid address provided by them or dispose of the unit.
All the units to be fulfilled and delivered by Homedevo.com (FDHD), HomeDevo will determine the charges and fees to be charged to the customer of sellers’ products. These charges and fees will be sellers’ charges and Homedevo will report it to them. Homedevo will charge users for such fees and they will compensate Homedevo equal to the amount which has been charged to customer.
Homedevo will dispose of the units to which it has title as mentioned above, and users will not have any security interest, lien, or other claim to the proceeds of such disposed of units. These disposed units may include returned, damaged or even abandoned units.
In addition to the provisions given under Terms and Conditions section of this agreement, users also agree to indemnify Homedevo.com, defend and hold harmless against any claims that arises from or relates to:
1. The units whether it has been transferred to HomeDevo or not, including any property damages, death or personal injuries.
- The export, shipment and delivery of sellers' products to addresses outside the country of origin. 3. Any of user’s taxes that is going to be collected, paid or failure to be collected, any taxes and subsequent payment of it to the authorities.
- Any sales, use, value added, personal property, gross receipts, excise, franchise, business, or other taxes or fees, or any customs, duties, or similar assessments (including penalties, fines, or interest on any of the foregoing) imposed by any government or other taxing authority in connection with the shipment of exported products to the designated addresses.
Upon the termination of these terms and conditions of FDHD, Homedevo.com as users directs, will either return the units in Homedevos’ storage facilities or dispose of the units as suggested by users. However, if users fail to direct Homedevo.com within 60 days of first notification, HomeDevo will proceed to take an action and may return or dispose either whole or in part and users will be deemed to have consented to Homedevos’ action.
Upon terminations of these FDHD terms, all rights and obligations of respective parties will cease to exist, except that the rights and obligations with respect to units received or stored by Homedevo.com as of the date of termination and will survive the termination.
Users will be solely responsible for all the taxes in connection to the units stored at Homedevos’ storage facilities and users acknowledge and understand that such units stored at Homedevos’ storage facilities may create a nexus of taxes. Users also understand and acknowledge that they are solely responsible, for the taxes in connection to any exports or foreign shipment of their units, which has been fulfilled by Homedevo.com under these terms and conditions.
In addition to users’ representations given under the Terms and Conditions, users warrant and represent to Homedevo that:
- Users are the valid owner and have the valid legal title to all the units, and they have all the necessary rights to distribute the units and to performs these terms and conditions.
- Users will deliver all units in good and merchantable condition.
- All units and their labelling, marking, packaging and any other requirements as required by law.
- There is no unit was manufactured by child labor or by forced labor.
- Users and all of their suppliers, distributors or any other subcontractors will strictly ensure compliance to local and applicable laws, its territories and all other countries where units are produced or delivered regarding the operation of their facilities and their business and labor practices including wages, labor working conditions, hours of work and minimum ages to work.
- all exports can lawfully be exported to the foreign designated addresses and can lawfully be imported into the country.
Homedevo Promotion and Advertisement Services:
Homedevo Promotion and Advertisement Services (PAS) allows users to advertise their products on Homedevo.
These PAS terms are part of the agreement and unless specifically provided otherwise, it will be concerned and applied only when users are participating in PAS services.
By applying and registering on Homedevos’ PAS terms, users on behalf of their business, they represent agree to be bound by the agreement and these terms which are making part of PAS terms and conditions.
A- Homedevos’ Promotions & Advertisements Features: Users’ products may be advertised and displayed on all properties belongs to Homedevo.com. However, it is not guaranteed that users’ advertisements will be displayed on any particular property, or that their advertisements will appear in any rank or position. Homedevo.com may at its sole discretion change, modify, determine content, design, appearance, functionality or all other aspects of users’ advertisements. Homedevo.com may also at its sole discretion remove users’ advertisements without giving any prior notice.
B- Users are solely responsible for the content of their advertisements, and they are responsible for the associated risks and obligations, pertaining to the sale of their products referred to in their advertisements. The information and URL submitted to Homedevo.com by
users is solely their responsibility, and to other URL such links may refer to. Homedevo may use a rating mechanism that will rate sellers’ products or allow users of Homedevo web-portal to rate their products and performance. Homedevo may make these ratings and feedback from the users publicly available. In this rating process Homedevo may use any means which are necessary to review and monitor Sellers’ advertisements. This will improve Homedevos’ service and advertisements quality.
C- Complete and Accurate Product Information: Sellers will provide advertisements and product information in the standard format as per Homedevo.com policies and procedures. This information must be complete and accurate, in order to be processed. Such information shall be updated in regular basis from sellers’ side, so that advertisements does not mislead the users. Homedevo does not allow advertisement of unlawful products on its property, and sellers will ensure that the information they provide are not about unlawful products.
D- Homedevo PAS Requirements: In order not to compromise Homedevo.com reputation, sellers will treat users and customers linking to their products via any of their advertisements, with courtesy and respect during the whole process right from placing the order for their products, till the final delivery and acceptance. Sellers also pledge to resolve all the service matters as per Homedevo
and customer satisfaction in a timely and professional manner. It is sellers’ responsibility to ensure that their products, advertisements, sale, fulfillment and offer collectively are following applicable laws and regulations. Sellers agree that they will not engage directly or indirectly in any fraudulent, unlawful, impermissible practices including but not limited to:
- Sending multiple listing of the same products in the same feed and sending multiple products under different products.
- Generate fraudulent, unlawful, repetitive, impressions or other interaction whether through automated applications or otherwise.
3. Retrieving any Homedevo property user information, whether using automated applications or otherwise.
- Not to target their communications to the intended recipient, because of being a user of Homedevo.com property.
- Homedevos’ systems and network property, shall not be interfered with. 6. Illegal attempt to override any mechanism that Homedevo.com use to detect and prevent any of the activities mentioned above.
E- Payments and Other Related Matters: Payment for the promotion and advertisement services shall be paid by sellers to Homedevo.com, and this payment shall be calculated based on the Fees schedule which is attached to this agreement. Sellers also agree that they will pay the calculated amount to Homedevo.com in the applicable local currency. In addition to other methods mentioned in this agreement, Homedevo may collect the services fees payable by sellers:
1. In accordance with the described payment mechanism.
- On recurring monthly basis for any unpaid amounts.
If Homedevo.com invoice the outstanding amount payable by sellers, they will honor the invoices within 30 days of the invoice applicable date. Homedevo.com will charge interest at the rate of 2% per day, for the outstanding amount if the invoiced amount is not paid within 30 days. The interest rate charged will be compounded on monthly basis, on all the amount which are outstanding after the 30 days of invoice, and until the invoiced amount is settled in full.
F- Agency Relationship & Agents: If you are agent and acting on behalf of other party, you will:
- Warrant and represent that you have been appointed as an agent, and you are duly authorized to enter into this agreement on behalf of whom you are representing, and you are fully responsible for the obligations to be performed under this agreement. You also agree that all your actions will be within the scope of this agency agreement and these terms will be enforceable against you.
- You will provide Homedevo.com a written confirmation between you and the party on behalf of whom you are representing, and this written confirmation will include the party’s consent that you are acting on behalf of them and you are their agent.
- Other than the above, representations as required by this agreement, you will not warrant or promise about Homedevos’ Promotions & Advertisement Services.
- You will perform your duties in professional manner and in accordance with the requirement that Homedevo.com establishes.
- You and the party that you are acting on behalf of them, are responsible for all payment obligations.
- You will not use any information obtained in connection with Promotions and Advertisements services to carry out any marketing activity. You will abide by all terms and conditions of this agreement, including confidentiality and non-use obligations. You will not disclose any confidential information generated and collected in connection with the use of Homedevo Promotions and Advertisements Services. You will not use such confidential information other than managing, creating marketing campaigns and reporting purposes on Homedevo website.
G- Other Terms & Condition – PAS: In addition to the above terms and conditions of Homedevo Promotions and Advertisements Services (PAS) you represent and warrant to HomeDevo that:
- Your advertisements links which leads to any website, you will maintain privacy and comply with applicable laws and regulations in this regard all times.
- Your products and materials, which are on your website, or any other websites and has been linked to Homedevo website, shall follow the applicable laws and regulation, and shall not be unlawful products and materials. The material and products shall not contain any misleading, defamatory, obscene, and false content.
- Homedevo have the right to use advertising materials, works, designs, logos, trademarks, trade names of companies or institutions that deal with them, pictures and videos of all products and goods that Homedevo deals with, whether they are a seller, buyer or intermediary without any obligations on Homedevo, and the other party acknowledges that and neither This action by Homedevo is deemed a derogation, prejudice, an attack on its intellectual rights, or a violation of its ownership or any other right that it has on these materials and the other party is not entitled to claim any allowance for this use.
In addition to other indemnification obligation which has been mentioned under this agreement, sellers agree to indemnify, hold harmless, defend Homedevo, its affiliates, employees, management, agents, directors against any claims arising from or related to:
- Sellers’ use of Homedevo PAS, including the display of their advertisements, any content, data materials and any other information which link to their materials and products, on their website, others’ websites or any alleged and actual infringement of any rights.
Users’ alleged or actual breach of terms and conditions, obligations, warranty and representation under these services terms.
In addition to all the disclaimers given under this agreement, Homedevo disclaim that users relinquish all claims regarding any warranties about the performance, quantity, quality, targeting, impressions, audience size, demographics and advertising costs.
Users may also authorize other parties or entities to access or use Homedevos’ Promotions and Advertisements Services on their behalf, through an application program interface, or by any other means specified by Homedevo.com. Such authorization given to other parties or entities, is conditional on Homedevo.com consent which HomeDevo may grant or withdraw at its sole discretion without giving any explanation.
Users will abide their API partner, and their API partner will comply with all the restrictions applicable under these terms and conditions, including confidentiality and non-use obligations. This agreement is between users and Homedevo.com, and they will be fully responsible for the acts, omissions, obligation of their API partner and these obligations, acts, omissions will be considered as their obligations, acts and omissions.
1. This agreement is governed by governing laws and both of Homedevo.com and user, consent that in case of any dispute in this agreement, both parties are committed to notify Homedevo’s management, which is committed to resolve this dispute within 60 days from the disclosing date of the certain dispute, against the prescribed fees.
This agreement is governed by local laws applicable in the country where the transaction has taken place.
2. Disclaimer Homedevo and its services, including all its materials, functions, content of the website and any other information available on or provided, in connection with provision of services, are provided on “as-is” basis. it is solely at users’ own discretion and risk to use the services, while using HomeDevo web-portal and other features of the Homedevo.com.
- Any warranties and representations regarding this agreement, the services and the resulting transactions under this agreement, including any implicit or explicit warranties of merchantability, suitability and fitness for a particular purpose.
- Implicit warranties as a result of sequence of dealings, sequence of performance, or usage of trade.
- Any performance obligation, liability, claim and right whether it is arising out of HomeDevo negligence or not.
We do not -in all cases- warrant that the functions and services of Homedevo.com will meet sellers’ requirements.
We also do not warrant timely, secure, error free and uninterrupted availability of the services.
- HomeDevo is not involved in any transactions, that is taking place between customers and suppliers or other participant dealings. In case of any dispute between one or more participants, each participant releases Homedevo.com, its agents and employees from any damages and claims, of any kind and nature regarding such disputes.
3- Limitation of Liability: Homedevo.com will not liable to user or any third party, for compensating any investment carried out by users or any of their partner as a result of this agreement. Moreover, Homedevo.com will also not be liable for any damages arising out of this agreement, even if the costs have been suggested by Homedevo.com. However, the total liability of HomeDevo shall be limited to claims paid by users/sellers to Homedevo.com, for the last 3 months and this shall not exceed at any time.
4- Indemnification: Users indemnify and defend Homedevo.com and its employees against any claim, damages, loss, settlement, expense or any other liabilities arising from or related to the following: 1. Breach any of the terms or provisions in this agreement. 2. Any of users’ personnel breach the agreement, to HomeDevo satisfaction, users are going to use counsel to defend Homedevo.com against each claim. If Homedevo.com at any time during the proceedings determine that any claim indemnified is going against HomeDevo interests, HomeDevo will take the defense at their own expense.
5- Confidentiality Clause:
Users may receive some confidential information related of using of Homedevos' services, which may include transactions specific information, which is not known to general public. Users agrees that:
- All confidential information remains property of Homedevo.com.
- Such information shall only be used to enable users to participate and avail the services of Homedevo web-portal
- Users’ agrees that they will not disclose this information.
- Users will take all the necessary and reasonable measures to protect the confidentiality of the information. Further users may not issue any public notice, or any press release related to the services or use Homedevos' name or trademark without their advance written permission.
6- Homedevos’ Transactions Information Usage: Any information provided during transaction, shall not be disclosed by users or their affiliates except for performing obligations under this agreement:
- Users will not contact the customer which has purchased their products, with the intent or to influence that customer to make an alternative transaction.
- Denigrate Homedevo or its products or any of Homedevos’ customers.
- Any kind of targeted communication with the users of Homedevo website. In addition to the above provisions.
- Users may also not use means and methods that Homedevo.com have not designated for the purposes of scheduling, communicating or cancelling the fulfillment of their products.
- Sellers will not deal with a competitor company to merchandise/sell their own materials and furniture, for a period of 5 years from the date of registration at Homedevo.com and approving all these terms and conditions.
7- Force Majeure. Homedevo.com will not be liable for any delay or failure to perform any of Homedevos’ obligations under this agreement by reasons, events or other matters beyond Homedevos’ reasonable control, like any general economic crisis.
This agreement may not be assigned without Homedevo.com prior written consent. This agreement will be binding on and be enforceable against the parties and their respective successors and assigns. Homedevo.com have the right in its sole discretion to determine the content, appearance, design, functionality, and all other aspects of the services, including by redesigning, modifying, removing, or restricting access to any of them.
Homedevo.com is not acting as an agent for either of the parties i.e. the seller, customer or third person, and will not be bound by resolving disputes between seller and customer.
All the information and updates regarding this agreement will be notified through email, which has been designated by user, on users’ seller dashboard or by any other method specified by Homedevo.com. HomeDevo may also communicate with users electronically and they consent to such communications, regardless of any E-mail preferences. Users may change their address information, including E-mail in the seller dashboard and while doing this, they will ensure that their information is always up to date and accurate.
Homedevo.com may modify the terms and conditions from time to another and user accept such modifications. If any provision is not in accordance to the laws, then that provision will be deemed severable and shall not have any effect on the applicability of other provisions given hereunder this agreement.
9- Intellectual Property Rights: Homedevo.com is the sole owner or lawful licensee of all the rights and interests in the website and its’ content. The website and its’ content embody trade secrets and other intellectual property rights, protected under worldwide copyrights and other laws. All title,
ownership and intellectual property rights in the website and its’ content, shall remain with Homedevo.com, our affiliates or licensors of the website content. All rights not otherwise claimed under the terms or by Homedevo.com are hereby reserved. Homedevo.com may have independent third parties involved in the provision of the services, seller may not use any trademark, services marks or logos of such independent third parties without prior written approval from such parties.
10- Term and Expiry of the Agreement. This agreement gets into effect immediately after the completion of registration, for availing services and continue until it is terminated by Homedevo.com or users, as provided in this agreement (the “Term”). Homedevo.com may suspend or terminate this agreement or any services, provided herein for any reason at any time by notifying the user. Users may also terminate this agreement or any services, for any reason at any time by notifying Homedevo.com before one month of termination. Termination of one service, does not mean a termination or suspension of any other service unless explicitly provided.
11- Termination of this Agreement & its Effect: Any rights and obligation of both parties to this agreement, cease to exist upon termination except to the extent that rights and obligations of both parties, with respect to users’ transactions occurred during the terms, will survive the termination or expiration of the terms. The customer agrees to continue his subscription and his commitment to Homedevos’ terms and conditions automatically, for a similar period unless a notice is sent to Homedevo.com, to stop the subscription to Homedevo by the client, and the client, seller or buyer authorizes Homedevo.com to deduct subscription fees for a similar period.
Sellers acknowledges that they have read all the terms and conditions contained in the HomeDevo web-portal especially the Buyers’ Agreement, as there are common and interrelated provisions and conditions, that the seller and the buyer are parties to the same sale and purchase transaction. All provisions contained in the buyer agreement and the subordinate obligations, shall apply toward seller and third parties and other general provisions too, and the sellers acknowledges that they have reviewed and approved all the policies, terms, conditions and agreements contained in the Homedevo website.