The website “store.leminar.net” is owned by Leminar Air Conditioning Co. LLC, a duly incorporated company under the laws of Emirate of Dubai, having its registered address at PO Box 33539, Dubai, UAE.
1) Definition of Parties;
- Seller-Where ever required for the purpose of this transaction, the Seller shall mean and include Leminar Air Conditioning Co. LLC, a duly incorporated company under the laws of Emirate of Dubai, having its registered address at PO Box 33539 Dubai, UAE, including its assignees and successors.
- User/Buyer- Where ever required for the purpose of this transaction, the Buyer shall mean and include any natural person, firm, partnership or company, who intends to Purchase Products, from the website.
- Products & Service- Products and Service, for the purpose of this transaction, shall mean and include, the Product & Services as defined in clause 11 below.
- Bank- shall mean a bank which has issued credit/Debit card to the Buyer.
- Applicable Law- shall mean law as applicable in Emirate of Dubai and, United Arab Emirates, as amended from time to time.
- Court- shall mean court of Emirate of Dubai.
2) Access and use of this site
By accessing, browsing or downloading any part of this site or its content, or posting or uploading to this site, or any other use of this site and its content, whether as a registered User or an unregistered visitor, you agree to comply with these Terms, without modification (which form a contract between you and Seller) and all relevant applicable laws.
If your access to this site or to any part of it or to any Services is subject to the payment of a subscription fee, Seller may deny or suspend access in the event of late or non-payment of any fee due. You are responsible for obtaining the relevant hardware and software equipment and paying all telephone (or other network) charges, including tax necessary to access and use this site and the Services.
Access to this site or to the Services may be limited to a maximum number of times and/or duration in a given period of time. To access and view the site, you must be (and you represent that you are) at least 21 years old.
You agree not to access this site by any means other than through the interface that is provided by Seller for use in accessing the site.
3) Other terms, rules, etc.
These Terms are in addition to any terms that may apply to Users under a distribution, license or sale agreement or terms, or other applicable agreements and terms. Where this site or part of this site contains rules, guidelines, codes of conduct, further terms or other directions to Users, Users undertake that they shall also comply with such rules, guidelines etc. In the event of any conflict or inconsistency, these Terms shall prevail.
If you do not agree to any of these Terms (or any such other rules, guidelines etc.), you may not use this site.
These Terms may contain provisions which contemplate functionalities or Services that are not (and are not intended to be) available through this site. To the extent that any provision of these Terms relates solely to such functionalities or Services, they shall be of no force or effect and shall not affect the validity of the other provisions.
4) Passwords and account details
User is responsible for maintaining the confidentiality of his or her password, account number, ID and other details (if any) and for all activities under User's account. Any unauthorised use of User's account or other breach of security should be reported to Admin immediately. Your registration and/or subscription is personal to you and you may not be disclosed or made available your account name, ID or password to others. Any disclosure by you of your account name and password may result in termination of your registration and/or subscription and, where you register for fee/subscription-based content/Services; such termination shall be without refund and may be subject to additional charges based on unauthorised use.
5) Review of user content by Seller.
Through this site, Seller merely offers a 'venue' for Users to access certain specified services, Utilities and/or information. Seller cannot and does not undertake to screen, review, edit, censor or otherwise filter or control User content or the behavior of Users of User content or Site content.
However, Seller may, but shall not be obliged to, review, either by manual or automated means, all User content which is or may be uploaded on this site, and monitor or review any areas of this site where Users transmit or post communications or communicate with Seller including without limitation chat rooms, news groups, bulletin boards, community pages, photograph albums, personal web pages or other use areas and forums (Forums), as applicable. Seller retains the right (but disclaims any obligation) to reject, not post, not use, remove, amend, deny access to and/or delete any User content, without notification, which it, in its sole discretion, considers to be inappropriate or distasteful or otherwise in breach of these Terms (or their spirit) and without any requirement for any complaint or claim in respect of the relevant User content to be formally commenced or proved. Seller retains the right (but is under no obligation) to co-operate with any law enforcement authorities or in response to court and other official requests directing that Seller disclose the identity of anyone posting User content.
6) Changes to site and these terms
Seller and/or third party providers may make improvements and/or changes in products, support, Services, Utilities, prices and/or other Site content (including these Terms) at any time with or without notice.
Seller may provide notice of changes to these Terms (or other Site content) by displaying notices on this site or other communication means. Users, who access this site after changes have been posted on the site or otherwise communicated, shall be bound by such changes as soon as such notices or new Terms are posted to the site or otherwise communicated, even if User does not visit the page on which the change or new Terms are displayed. Frequent review of this site and these Terms is therefore recommended.
7) Permitted and prohibited use of this site
Access to, and use of this site, including viewing, downloading, reproducing, displaying, posting and publishing: - data, graphics, images, photographs, designs, descriptions, information, and text - video, audio, music, and sound compilations - utilities, software (including applets and any software made available to Users in connection with, or to facilitate access to, any subscription or restricted access area or Service associated with this site) and software compilations, drivers and other Utilities (defined below) – the contents of any e-mail newsletter or similar communication sent by or on behalf of Seller in relation to this site and/or User's registration or subscription - and other content on this site which has been originated and provided directly by Seller, or its product, support and service providers (together, Site content), is prohibited unless specifically permitted in these Terms. This applies to use by any means, including electronic, mechanical, photocopying, recording, creation of derivative works or otherwise.
Seller gives limited, non-transferable, non-exclusive, revocable permission for User to access and make personal, non-commercial use of this site and Site content as a support and communication resource for purposes specified in this site only. User may electronically copy and print in hard copy Site content for these purposes, provided that all copyright and proprietary notices (where present) are retained on Site content.
Any other use of Site content including reproduction for purposes other than those noted above, modification, distribution, transmission, downloading of Site content (other than page caching), republication or reverse engineering - without the prior written consent of Seller - is prohibited (except to the extent such prohibition is prohibited by applicable law). Without limitation, permission to use Site content does not include - resale or commercial use or distribution of Site content - collection and use of any product, support or service listings, descriptions, or prices - derivative use of this site or Site content (including framing) - downloading or copying of account information for the benefit of another merchant - any use of data mining, robots, or similar data gathering and extraction tools – any use of Site content on any other website, server or networked computer environment – or any use of Site content which suggests an association with Seller products, support or services, except as expressly provided by written agreement between relevant parties.
User shall not use this site or the Services in a way that breaches these Terms (or their spirit) or any applicable law or regulations (including those relating to the use of public communications networks) or that causes or is likely to cause any damage, interruption or impairment of this site or the Services. User may not attempt to gain unauthorised access to any part of this site, other User accounts or any computer systems or networks connected to this site, whether through hacking, password mining or any other means. User may not collect or attempt to collect personal information relating to others through this site.
8) Copyright - ownership of site content
Seller does not transfer title to any Site content downloaded or used by User. Site content, including its selection and arrangement, is owned by Seller and/or their content and technology providers and is protected by copyright and other laws. Limited permission to use Site content (for the purposes stated in the preceding section) is specifically conditioned on User's recognition, observance and retention of all copyright, trademark and other proprietary notices in Site content, and all proprietary and other intellectual property rights of Seller and/or content and technology providers, in Site content. User shall not have any ownership rights in any e-mail address, URL or other personal identifier that may be allocated to, or chosen by, him or her for the purposes of any Services available through this site and User's limited rights to use such identifier/address shall continue only for so long as User's registration/User account remains valid for access to this site or the relevant Service. After termination of such validity by Seller for any reason, Seller shall be free to use and/or allocate to other Users any such identifier/address.
Any unauthorised use or copying of Site content, or use of Site content which breaches these Terms (or their spirit) may violate trademark, copyright and other proprietary rights, and civil and criminal statutes. Users shall not use any Site content (or any other content made available through this site) in any manner that infringes any trademark, copyright or other proprietary rights. Seller reserves all rights with respect to such unauthorised use or breach of these Terms.
9) Trademarks
[to be confirmed] is a registered trademark of Seller. All trademarks, logos, website addresses, product or model names or derivations that describe Seller’s products, support or services or that contain the word Seller’s name or logos that are included in Site content are trademarks and/or the property of Seller. Any list of Seller’s (or other) trademarks on this site is periodically updated but shall not be taken as an all-inclusive list of Seller (or other) trademarks.
Any use of Seller’s Marks or permutations thereof (except as expressly authorised by Seller in writing) is strictly prohibited.
Other product and company names mentioned in this site may be the trademarks of their respective owners.
10) Prohibited and restricted user content
Seller prohibits the transmission, distribution, dissemination, uploading, posting, submission, sharing and storage on, via or through use of this site (together, uploading) of User content which it considers (in its sole discretion) to be inappropriate or distasteful. Such User content includes (without limitation) communications with - pornographic, profane, sexist, homophobic, defamatory, deceptive, vulgar, obscene or offensive content – ethnic, racist or religious slurs or derogatory epithets – advocating of violence, hate or unlawful activity – depictions of child abuse, child pornography or sexually suggestive poses – advertisements, surveys and contests – price-sensitive information relating to publicly listed securities - and material that could give rise to any civil or criminal liability under any laws.
Seller prohibits the uploading or use of Site content or transmission of User content with a primary or secondary purpose or effect – to sell, distribute or promote firearms, weapons or controlled substances, make-money-fast schemes, pyramid or chain letters, fraudulent or otherwise criminal offers – to register another email address other than your own – to distort auctions or other markets (including public quoted securities markets) - to threaten or harass others – to disrupt discussions or to create a false identity for the purpose of misleading others – to convey sexual requests from, for or to a minor – to make racial slurs or comments – to impersonate any person or misrepresent your affiliation with any person or entity.
User shall not advertise or offer to sell or buy any goods or services for any business purpose, unless the relevant Forum or Service specifically permits this.
Seller reserves the right (but does not accept any obligation) to delete or restrict Users' access to relevant Site content and/or User content and/or to pass relevant User content and/or information relating to User (including personal information) to any appropriate authority authorized to request such information, where the User content is uploaded in breach or suspected breach of any of these Terms (or their spirit or other applicable rules or terms) or any applicable law or regulations, without any requirement for any claim or complaint to be formally commenced or proved. This shall not prejudice the User’s rights under the GDPR.
TERM OF SALE
11) Description of the Products & Services.
The Sellers offers for sale wide range of Products from some of the world’s most trusted brands, which include Rheem, S&P, Weicco, Hattersley, Frese, Mueller.
12) Terms of Sale.
- Seller shall either by itself or through its subcontractors sell and you shall purchase the products and services offered for sale on the Site ("Products") in compliance with the Sale Terms. Seller is entitled to appoint subcontractors to provide the Products and to perform any act of Seller contemplated under this Contract. All orders placed by you on the Site ("Orders") are accepted pursuant to the Sale Terms, which supersede any other terms relating to the sale of the Products appearing on the Site or elsewhere and shall override any other terms referred to by you or in any course of dealing.
- An Order placed by you on the Site is an offer by you to purchase a particular Product. Seller or its subcontractors reserve the right to accept or reject your Order for any reason, including, without limitation, an error in your order or in the material on the Site, or the unavailability of the Product. The contract to purchase a particular Product only comes into existence upon acceptance by Seller or its subcontractors of your Order. Products are subject to availability. In the event of shortage, Seller may allocate sales and deliveries in its sole discretion.
- Subject to clause 16 (Shipping Restrictions), Seller or its subcontractors will only accept Orders for delivery of the Products if the delivery address is properly identified, to the satisfaction of Seller or Courier Company (as the case may be) and placed by the person, over the age of 21 years. Seller or its subcontractors reserve the right to limit the quantity of Products purchased by you.
- The price of a Product shall be as stipulated on the Site at the date of placement of your Order. Unless otherwise indicated on the Site, all prices indicated are excluding of any taxes (including VAT), charges, custom duties and, fees. All such payment shall be solely payable by the Buyer.
- The limit of purchase is applicable on each transaction, which is currently fixed at AED 49,999.00. The Seller reserves the right to increase or decrease the limit of purchase for each transaction in its own discretion.
13) Refund/Return Policy.
Seller offer a 15 calendar days returns policy, provided that (a) the product is not delivered within the stipulated time or (b) product received is not in working condition/box is damaged/product delivered is not as per product specification, you can return it to us in its original condition within 15 calendar days of the date you received the products, and we will issue a full refund of the original purchase price paid, in the form of credit note, with six (6) calendar month validity period. The only condition of this policy is that the return meets the following requirements*
- You have described, in writing (through e-mail), the reason for return, which shall include full description of problem in the product. No phone calls will be accepted or considered for the purpose of refund, all communication in this regard shall be in writing.
- Refund policy is only applicable to end users, no refund requests will be accepted from the B2B customers/users.
- Returned products are undamaged and show no signs of wear.
- Products are returned in the condition you received them including all packaging, accessories and manuals, including receipts.
- Seller shall not be responsible for the delay in delivery of the products, due to events, reasonably construed, as force majeure events and which are beyond control of Seller. Buyer agrees and waives all rights to make claim, whether in contract or in law, for financial or legal liabilities or refund of goods, in the event of delay in delivery for said reasons.
*Please be aware that certain "special order" products are not covered by our return policy. If you need clarification on whether your product is classed as a special order, please contact us prior to placing your order.
To arrange a return please contact the Customer Care (via email) on your order confirmation email.
Products must be returned to the Seller’s warehouse in Emirate of Dubai, at the cost of the Buyer.
Please note that Seller cannot be held responsible for returned Products that are lost in transit and Buyer (s) is responsible for returns postage costs. In the event of a return we recommend that you send the goods back to us via a tracked service. This will ensure proof of delivery and insurance of the goods whilst they are in transit.
Refunds will be issued within approximately 15 working days of the return to allow for a careful inspection of the products(s) to ensure they are in a re-saleable condition. Refunds cannot be made to any third parties or alternative credit card.
If you require any further information on returns, please Customer Service.
Faulty or Damaged Products
We request that you retain the original packaging for at least the period of the warranty as we will only collect products if they are in the original packaging. If the original packaging has been discarded, you will be asked to return the goods to us in suitable alternative packaging that offers adequate protection for the product.
If the product arrives and you believe it to be faulty please contact the Customer Service within 24 hours. Many problems can be rectified by speaking to one of our team. If the goods are faulty we can either exchange the product for a replacement, or you can ask us to arrange collection at our cost, and we will issue you a full refund.
If the product develops a fault within the warranty period, please contact us and we will be able to assist you getting the product repaired under warranty. We will either collect the goods at our cost, or direct you to a local service centre. Please be aware that goods sent back to us or collected as faulty which are found to be fully working will be returned to you. Carriage charges will be at your expense. If you suspect a fault, please contact us first.
Products found to have a fault not covered by warranty (damage or breakage through misuse, incorrect operation, wear and tear etc.) will be fixed and returned to you at your expense.
the product develops a fault outside of the warranty period, please contact us and we will do all we can to assist you in getting the product repaired.
14) Customer Service Contact Details.
Telephone: 800 52232, Email Online@leminar.ae
15) Transaction Currency.
For the purpose of any transaction, the applicable currency shall be Arab Emirate Dirham. All the exchange rate charges, fees and differences shall be on the account of the Buyer.
16) Shipping Restrictions.
The Seller will not be able to ship any of the Products to countries listed below (Seller reserves its right to amend, by deletion or omission the list of restricted countries without notice to Buyer);- Syria;
- Republic of Iran;
- Yemen;
- All sanctioned countries by UAE apart from the above, as updated from time to time.
17) Delivery Policy.
Subject to clause 16 above, Seller accepts order for delivery at address (s) at PO Box, hotels and accommodation address, which is situated at United Arab Emirates, Kingdom of Saudi Arabia, Oman, Bahrain and Kuwait.
Items must be in-stock and fully paid for (e.g.: credit card payment). Orders received on the weekend may be processed and despatched on next working day. There may be delays when ordering around public holidays or flash sales. The Buyer understands and agrees, that certain delays may occur due to the action or omission of third parties, therefore, the Buyer fully indemnifies the Seller for any claims, damages, penalty or cancellation of Order, due to delays occurring in delivery of the Product, due to third party actions or omission, on which Seller exercises no control or due to any event, which is reasonably considered as Force Majeure events.
The Buyer understands and acknowledges that Delivery Address cannot be amended or changed once products are dispatched for delivery.
Buyer agrees that for delivery of product outside UAE, certain export/import custom duties may be applicable and, all such cost shall be solely on account of Buyer.18) Country of Merchant Domicile.
United Arab Emirates.
19) Logos of Credit Card Accepted.
20) Import Tariff and regulations.
Unless specified otherwise, any amounts payable by the Buyer for the purchase made through Seller’s website shall be exclusive of all customs fees, duties or taxes and sales tax, value added tax or similar tax to the Products.
Security Capabilities and, policy for transmission of Payment Card Details.
Seller has taken reasonable precautions to ensure that your transactions and personal information are safe. Your transactions with Seller are protected by ISO/IEC27001 certifications currently the highest industry-standard encryption system used across the web.
SSL stands for Secure Sockets Layer. It is a system which exists partly in your Internet browser and partly on our web server computer. It encrypts (or encodes) your signals before sending them to our system using a special algorithm that is unique to Seller. We use the latest 256 bit encryption technology to ensure that your information is sufficiently scrambled as it passes over the Internet.
Verisign Extended Validation (EV) SSL certificates as used by Seller will trigger high security Web browsers to display a green address bar with the name of the organization that owns the SSL Certificate and the name of the Certificate Authority that issued it. The green bar shows site visitors that the transaction is encrypted and the organization has been authenticated according to the most rigorous industry standard.
Any personal information collected by Seller is stored on secure servers in secure facilities. Information stored on our web server computer is protected by firewalls, to prevent your data being accessed from any external computer. A restricted number of authorised Seller staff has access to this system.
Payments
Seller uses a separate debit/credit card transaction gateway provided by the [insert bank name] to process your card transactions via the banking network. This payment option uses latest encryption and combination of Credit Authorisation Software and a Secure Encryption Device (EFTPOS terminal).
On the card transaction system, several screens appear during the payment process. By clicking on the "Pay Now" button you will be directed to the [insert bank name] Bank's Internet Payment Service. After entering your credit card details you will be returned automatically to Seller’s website and we will send you an e-mail confirming the transaction.
Please note that when you make a credit card purchase your credit card details are entered directly into the Bank's systems and do not pass through and are not retained on Seller's systems.
Seller may contact you to confirm your order prior to dispatch.
Exclusions
While Seller takes responsibility for the security of your data on our systems, we do not take responsibility for any unauthorised access to your personal information or loss of or corruption of data caused by any computer virus or via any system from an Internet Service Provider linking your computer system with ours.
21) Consumer Data Privacy Policy.
We hold your personal information in:- computer systems;
- electronic databases;
- digital archives;
- telephone recordings; and
- hard copy or paper files.
These storage mechanisms may be managed in a number of ways. These may be managed or administered internally by a company in the Seller or holding company of Seller and may be held locally in United Arab Emirates, or, they could be managed by a third party storage provider with whom the Seller has a contractual relationship and be either managed locally or overseas. We will take all reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure. The ways we do this, include:
- using Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive information, such as credit card details (SSL encryption is designed to make the data unreadable by anyone but us);
- limiting physical access to our premises;
- limiting access to the information we collect about you (for instance, only those of our personnel who need your information to carry out our business activities are allowed access);
- requiring any third party providers to have acceptable security measures to keep personal information secure;
- putting in place physical, electronic, and procedural safeguards in line with industry standards; and
- destroying or de-identifying personal information pursuant to the law and our record retention policies.
For more details on the Privacy Policies and how we collect and use your personal data, please click here
We may disclose to third parties’ information about you:
- to government bodies, payment intermediary bank, (including any other financial institution) and law enforcement agencies to prevent fraud, to comply with the law and to meet a reasonable request from such bodies;
- to third parties (including professional advisors) to enforce or defend the legal rights of Seller or the terms and conditions of any Seller product or service; and
- to a third party purchaser or seller, and its and our professional advisors, in connection with a corporate event such as a merger, business acquisition or insolvency situation.
- Anonymous statistics.
We prepare anonymous, aggregate or generic data (including “generic” statistics) for a number of purposes, including for product and service development, business promotion and research purposes. As we consider that this is not personal information, we may share it with any third party (such as our partners, advertisers, industry bodies, the media and/or the general public). Marketing Information:
When you provide us with your contact details, such as when you purchase a product, contact our customer support call centres or create an account for one of our services, you may be given the opportunity to opt-in to receiving various direct marketing communications. Direct marketing involves the use and/or disclosure of personal information to communicate directly with an individual to promote goods and services. This includes newsletters and other communications by post, email, telephone and/or text message (SMS) from Seller or Seller’s group companies, sending you details about the latest Seller products and services, such as upgrades and special offers in which you may be interested.
Seller may also give you the opportunity to opt-in to receiving more targeted direct marketing communications.
You can change your marketing communication preferences at any time:
- if you would like to unsubscribe from an email sent to you, follow the ‘unsubscribe’ link and/or instructions placed (typically) at the bottom of the email. But note that:
- if you use more than one e-mail address to shop or contact Seller, you will need to unsubscribe separately for each email address; and
- this method will only unsubscribe for the newsletter or other communication that you have received and you should use one of the other methods if you wish to opt-out of all our marketing communications.
Please note that we may occasionally send you important information about Seller products and services that you are using or have used (such as order confirmations, product safety announcements and service changes). These emails are not affected by your marketing communication preferences.
22) Card & Payment Dispute.
The Buyer understand and acknowledges that Buyer shall be solely liable for any dispute between the Buyer and, the Card issuing bank, the Seller shall not be held liable, including but not limited to, for misuse of the card, fraudulent use of the card, bank charges, interest & penalty rates, payment defaults and for any other matter whatsoever. The Buyer hereby fully indemnifies the Seller, from any liability arising due to the Card & Payment Dispute under this sub-section including to that off lawyer’s fees, court fees and other expenses incurred by the Seller.23) Limitation of Liability
Seller’s liability under or breach of this Agreement shall not exceed the refund of the purchase price of the relevant product. In no event shall Seller be liable for costs of procurement of substitute goods by the Buyer or for unauthorized repairs undertaken by the Buyer. In no event Seller shall be liable for any special, consequential, or incidental damages, however caused, whether for breach of warranty, negligence, or otherwise. Seller disclaims any obligation or liability for loss of use of the Product warranted loss of time, inconvenience, rental or substitute Products, loss of business, loss of income, commercial loss or any other direct, consequential, special or incidental damages.24) Promotions & Discounts.
Seller reserves its right to run promotion on any product or products, withdraw such promotion and or restrict such promotion within certain territory in its absolute discretion. Seller shall not be under obligation to provide notice of such promotion in any form or manner.
Seller also reserves its right to provide special discounts for certain Buyers or all the Buyers based on certain territorial criteria or otherwise.25) Product Visuals
The Buyer acknowledges that photographs of the Products as displayed on the website is only for illustrative purpose, the purchased product may vary in size, colour, shape, specification and other performance parameters. The Buyer fully indemnifies, the Seller, from any claims of damages, penalty, loss of business, income and profit due to such variance in products.
26) Applicable Law
This Agreement shall be governed as per laws of Emirate of Dubai, as amended from time to time.
All disputes arising between the Seller and, the Buyer arising out of this Agreement for any reason whatsoever shall be subject to exclusive jurisdiction of Dubai Courts.