TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale (“Sale Terms”) apply to your purchases, on [https://consumer.huawei.com/ae-en/] (“Platform”) and the contract you enter into with HUAWEI TECHNOLOGIES UAE L.L.C, a company incorporated and existing under the law of UAE, having its registered office in The Bay Gate Tower, Business Bay, Dubai, United Arab Emirates (“we”, “us”, “our” or “Huawei”).
Please read these Sale Terms carefully so that you are aware of your rights and obligations. You can save or print these Sale Terms for your future reference. We shall also save the text of the entire contract and make it available to you upon your request.
1.1 These Sale Terms apply to all offers, contracts, and deliveries by Huawei on the Platform.
1.2 These Sale Terms are binding and enforceable against every person that accesses or uses the Platform (“you” or “your”).
1.3 By using the Platform, you confirm that you accept these Sale Terms and that you agree to comply with them. IF YOU DO NOT AGREE TO THESE SALE TERMS, YOU MUST NOT USE OUR PLATFORM. Your continued use of the Platform shall be deemed as your acceptance and understanding of the Sale Terms and all other policies associated with the Platform.
1.4 We may update the Sale Terms from time to time and notify you of such changes by any reasonable means. These Sale Terms and any of the documents referred to in the Sale Terms form the legally binding agreement between us relating to the Services and your use of the Platform. If you do not agree with the updated Sale Terms, you should cease using the Platform immediately otherwise your continued use of the Platform will constitute your acceptance of the updated Sale Terms.
1.5 We may organize, with the help of our partner, events, competition or promotions from time to time. Unless agreed otherwise, your participation in any promotion offered via the Platform is subject to the Sale Terms as well as the dedicated terms and conditions of each promotion.
1.6 By using the Platform you warrant that you are eighteen (18) years of age or older and of full legal capacity. If you are under the age of eighteen (18) or if you are not legally permitted to enter into a binding agreement, then you may use the Platform only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Sale Terms and to be liable and responsible for you and all your obligations under these Sale Terms.
2 YOUR CONTRACT WITH US
2.1 Please follow the instruction on this Platform to place an order. Each order is a binding offer by you to buy the goods specified in the order (“Product”) subject to these Sale Terms.
2.2 Contracts will only be entered into through this Platform and upon your acceptance of these Sale Terms.
2.3 By clicking the purchase button, you are placing a binding order for the Products in your shopping cart (“Offer”). Shortly after we have received your Offer, we will email you an order confirmation. The order confirmation email does not signify Huawei’s acceptance of your Offer as it simply confirms that we have received your Offer. Once we have processed your order and prepared it for shipping, we will send you an email stating that we have accepted your order, which will include the shipment details (“Acceptance”). Before you receive Huawei’s Acceptance, you have the right to withdraw your Offer. The contract between you and us will only be formed when we send you the Acceptance (“Contract”).
2.4 If this provision applies to you, you undertake to comply with it. In accordance with Cabinet Decision No. 91 of 2023 and VATP034 concerning the VAT Public Clarification related to “Application of the Reverse Charge Mechanism on Electronic Devices among Registrants in the State for the purposes of Value Added Tax”, (“the relevant rules”), you shall provide us with written declaration confirming that:
1) Your intention is to resell or use the Product in producing or manufacturing Electronic Devices that fall within the scope of the relevant rules.
2) you have registered VAT with FTA.
If the requirements specified in the relevant rules are not met, the default rule of our accounting for VAT would apply but this could result in not being able to recover input tax under Article 54(1) of the Federal Decree Law No 8 of 2017 on Value Added Tax (“Decree Law”) for you.
Electronic Devices include Mobile phones, smart phones, computer devices, tablets and pieces and parts thereof, as stipulated in the relevant rules and other applicable regulations.
You shall commit to comply with the relevant rules mentioned above and not pass on the related responsibilities to us.
2.5 Your contract with us will solely be concluded in English or Arabic.
3 PRICES AND PAYMENT
3.1 Each order must be paid in advance of delivery by payment method offered in this Platform, including credit card and debit card. If applicable, you can also pay for the order at the time you receive the Products (cash on delivery or “COD”). Any refunds to you will be made to the same card or through the same payment method you used when making the original payment (except COD). If you selected COD when making the original payment, the refunds to you will be made through the payment method as designated by you in the formal written format
3.2 Unless otherwise stated on this Platform or during the order process, you are solely liable for payment of any fees charged by your bank, card issuing company or other provider of your selected payment option.
3.3 Products will only be delivered to you after our verification of your payment (except COD). We are not obliged to deliver any Product to you before we have received the full payment for the Product.
3.4 Our sales prices are listed on the Platform and include all duties, fees, and other charges applied upon sales by us, including VAT (if applicable).
3.5 All prices and information on this Platform are intended to be accurate and complete; however, in certain situations pricing and other errors may occur. You shall have no right to rely upon a price that is obviously or materially lower than the prevailing retail price for that product or service. In the event that Huawei’s published price for a product or service is obviously or materially lower than the prevailing retail price due to Huawei’s pricing error, we have no obligation to sell at that price and shall be entitled to cancel the contract with you before shipment and delivery.
3.6 Unless otherwise stipulated on this Platform and in the order process, our delivery and administration charges are included in the final price payable for the Products. Any charges or fees that will be added to the Product price will be visible to you during the order process and before you place the order.
4.1 The costs of delivery or the threshold for free delivery will be displayed to you on our Platform.
4.2 If it is not possible for us to ship the Products within the delivery period mentioned on our Platform or order confirmation, we will inform you thereof and allow you to terminate the Contract, in which case any payment made to us will be refunded. Your other rights and remedies remain unaffected.
4.3 The risk of loss of or damage to the Products will pass to you when the Products are delivered to the address designated in the Contract.
4.4 We do not support cross-border delivery. Your order can only be delivered to address within United Arab Emirates except for some remote areas.
4.5 For more detail, please refer to our Delivery Policy. The Delivery Policy is incorporated by reference (which means that it forms a part of these Sale Terms).
5 YOUR RIGHT TO WITHDRAW
5.1 As a consumer, you have the right to withdraw from a contract within seven (7) days provided that the
Products have not been opened and the packaging is in its original condition. You have seven (7) days
(“Withdrawal Period”) after the day you (or someone you nominate) receive the Products, unless:
(a) Multiple Products you have ordered as part of a single order are delivered separately. In this case, you have seven (7) days after the day you (or someone you nominate) receive the last Product.
(b) The Product you have ordered are shipped in multiple parts or pieces. In this case, you have seven (7) days after the day you (or someone you nominate) receive the last partial shipment or part.
5.2 In order to exercise your right to withdraw in time, it is sufficient that you send the notice of your decision to withdraw before the expiration of the Withdrawal Period.
5.3 For more detail, please refer to our Return Policy. The Return Policy deals with refunds, replacements, repairs and cancellations related to purchases made on the Platform. The Return Policy is incorporated by reference (which means that it forms part of these Sale Terms).
6 EXCLUSION OF RIGHT TO WITHDRAWAL
You are not entitled to withdraw from the following contracts:
(a) Contracts for the supply of Products manufactured at the request of you or according to the specifications which you specified, except for Products that are defective or do not conform to the agreed specifications.
(b) Contracts for the supply of Products, if due to their nature, they were inseparably mixed with other products after the delivery.
(c) Contracts for the supply of Products, which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
(d) Contract for the supply of Products, such as video tapes, compact discs, software or computer programs that have been used by you.
(e) If there is a defect in the Product due to poor possession by you.
(f) If the Contract deals with the purchase of online software download Products, excluding software that has a defect that prevents the completion of the download, or does not conform to what was agreed upon.
(g) If the subject of the Contract is a Product liable to deteriorate within the period of permissibility of the contract termination.
(h) If the subject of the Contract is a Product containing several elements that have been merged and cannot be returned to its original condition.
7.1 We voluntarily offers a commercial warranty in respect of Huawei Products. For more detail, please refer to our Warranty Policy. You can also refer to the information contained in your packaging box.
7.2 Our Warranty Policy is separate and in addition to the legal rights of you as a consumer under applicable laws governing the sale of consumer goods and to any rights of the consumer against the original retail seller of the product and, therefore, does not affect, change or replace such rights.
8 YOUR CONSUMER RIGHTS AGAINST DEFECTIVE PRODUCT
8.1 We are under a legal duty to supply Products that are in conformity with the Contract.
8.2 If Product you purchase from us turns out to be defective or not in conformity with the Contract, you may
choose to have your Product:
(a) replaced free of charge, within [fourteen (14)] days after you receive the Product; or
(b) repaired free of charge, within warranty period in accordance with our Warranty Policy.
8.3 For more detail, please refer to our Return Policy.
If you have a complaint about the performance of the Contract or other services we provide in relation to the Products you purchased, you may Contact Us.
10 SITUATIONS OUT OF OUR CONTROL
Huawei shall not be liable for or required to pay compensation of any nature whatsoever for any loss arising
from the unavailability, inconvenience or failures of the services or systems due to the following reasons:
(a) system shut-down for maintenance;
(b) inability to transmit data due to failures in communications terminals or telecommunications equipment;
(c) systems failure and inability to perform its functions due to force majeure events including but not limited to typhoons, earthquakes, tsunamis, floods, power failure, fires, storms, war, political unrest, labor strikes, shortage of labor or materials, riots, insurrections, civil disturbances, terrorist attack, explosions, acts of God, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties; or
(d) suspension or delay of services or systems failure due to reasons beyond the reasonable control of Huawei such as hacker or cyber-attacks, technical adjustments or failure of the telecommunications department, website upgrades, third party problems or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.
11 LIMITATION OF LIABILITY
11.1 Under no circumstance will Huawei be liable to you for any indirect, incidental, consequential, or punitive damages, regardless of whether such damages are based on tort, warranty, contract or any other legal theory, even if Huawei has been advised of the possibility of such damages.
11.2 The total liability of Huawei under the Contract in respect of any claim, whether based on contract, tort (including negligence) or otherwise, resulting from or in connection with the manufacture, sale, delivery, repair, replacement or use of any Products or the performance of any obligations shall not exceed 100% of the total value of the Contract giving rise to such claim.
12.1 The Products are manufactured according to specifications and intended for use in United Arab Emirates.
12.2 The Contract and all Products are subject to applicable export control laws, including the export control laws of the USA. You may not export any product purchased from Huawei to any country outside United Arab Emirates if prohibited by export control laws. If you plan to export any product purchased from Huawei to another country, you must obtain the required export licenses (or other government approvals) prior to doing so.
If any court or relevant authority decides that any of these Sale Terms or the Contract are unlawful or invalid, the remaining paragraphs will remain in full force and effect.
14 GOVERNING LAW AND DISPUTE RESOLUTION
These Sale Terms shall be exclusively governed by laws of United Arab Emirates, excluding the rules on the international sales of goods (CISG) and conflict/choice of law rules. However, nothing in these Sale Terms shall deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law where you have your habitual residence. The courts of Dubai shall have exclusive jurisdiction on these Sale Terms.
Last updated: 06 November 2023