PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF SALE. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT SUBMIT AN ORDER FROM THIS WEBSITE.
These Terms and Conditions of Sale (the “Terms and Conditions of Sale”) apply to your purchase of products offered on this website (the “Website”). By placing your order, you accept and are bound to these Terms and Conditions of Sale.
In these terms of sale, “us”, “we” or “our” means Drs. Nicolas & Asp LLC; and “you” and “your” means our customer or potential customer for products or items.
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale; and
(b) the information provided in your order is accurate and complete.
Your Use of the Website
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. Please note that you may not frame, link to, or utilize any framing or linking techniques to enclose the Website or any portion thereof without our prior written consent which may be withheld in our absolute discretion.
The limited license set forth in this section does not include the right to:
- modify or download the Website or its contents (except caching or as necessary to view content);
- make any use of the Website or its Content other than personal use;
- create any derivative work based upon either the Website or its Content;
- collect account information for the benefit of another party;
- use any meta tags or any other “hidden text” utilizing our name or the Trade Marks without our express written consent; or
- use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website may:
- link to, but not replicate, our Content;
- not imply that we are endorsing such website or its services or products;
- not misrepresent its relationship with us;
- not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages;
- not portray us or our products, services or Items, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
- not use any Trade Mark without our prior written consent; and
- not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Website terminates the limited license set forth in this section without prejudice to any other remedy we may have provided for by applicable law.
Limitations and Exclusions of Liability
We make no representations or warranties of any kind whatsoever, expressed or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any
- interruption of business;
- access delays or access interruptions to the Website;
- data non-delivery, miss-delivery, corruption, destruction or other modification;
- loss or damages of any sort incurred as a result of dealings with or the presence of off- Website links on the Website;
- computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites;
- any inaccuracies, omissions or misleading, false or deceptive statement in the content; or
- events beyond our reasonable control.
Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In case of any disputes the law applicable would be based on the UAE Governing Law.
Termination of Use
We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract, or due to any special circumstances we reserve the right to evaluate. In the latter case, we will refund ant payment already done by customer.
Scope of these Terms of Sale
These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.
We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms. We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
We reserve the right to refuse to supply Items to any person for any reason whatsoever, to withdraw any Items from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Items from this Website whether or not such Items have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
1- You need to log in to your account on our website;
2- After choosing your Item(s), you will need to choose the mode of payment;
3- In case it was indicated after your choice that the Item is not available, please proceed by sending an email to email@example.com and we will do our best to fulfill your order. Your order is considered approved in case you receive a positive reply from our customer care service;
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
Price & Payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated [when you pay for the product].
In addition, all products are to be personally picked up from the clinic upon showing the payment receipt, shipment of our products is not included in our services.
Payment can be made through the following modes:
- Type of currency accepted in a transaction is AED.
- Credit cards accepted on our website are Visa and MasterCard.
- We accept payments online using Visa and MasterCard credit/debit card in AED. If “Credit Card Online” is selected as the payment methods then the details on the Customers ID (Card holders ID) should exactly match that of the credit card used to make the purchase.
REFUND & CANCELLATION POLICY
We do not offer a refund & cancellation policy, you may not return or cancel your order after it has been placed.
- Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.
- The cardholder must retain a copy of transaction records and Merchant policies and rules.