· These terms set out the terms and conditions of nigwa to become seller in www.nigwa.com or on our mobile applications. Nigwa owned by Tefaan portal, a limited liability company registered in the United Arab Emirates (“UAE”) under license number 871877 , with its office located In Dubai - office 3332, prime Tower Marasi Drive ST. business Bay, P:213621(referred to as the "Company").
· Please read these terms carefully before you sign-up with us as vendors.
· The Company reserves the right to own the names of its trademarks and/or any other services provided by the Company during the period of the current agreement. The agent may not claim any rights to these trademarks either now or in the future.
· In addition, the agent may not change the identity of the trademarks.
· The Company has the right to change any of the terms and conditions of the nigwa electronic platform agreement and its appendixes or any policies or rules governing the platform at any time at its sole discretion.
· Service provider: It is the owner of the supplier in the area of activity and must be risked and approved by the company in the case of the presence of sub-service providers who appoint them after taking the company's approval.
· The supplier has all the responsibility to process the equipment with the required standards as described in the electronic platform.
· The supplier has the right to make recommendations on the price of service/commodity in consultation with the company from time to time for new services.
· The supplier is obliged to assist the Company in defending any of the company's used trademarks or any of the company's trademarks by monitoring any violation of the company's rights on these marks that may occur in the supplier's activity area and is immediately obliged to notify the Company of any breach of those marks.
· Third Party Rights. A person who is not a party to these Terms of Sale has no right to enforce any of its term.
· Entire Agreement. These Terms of Sale and the documents referred to or incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Sale and the documents referred to or incorporated into these Terms of Sale by reference, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied.
· Amendment. These Terms of Sale cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these Terms of Sale at any time and from time to time. We will post the current version of these Terms of Sale on the Site and each such change will be effective upon posting on the Site or upon the date designated by us as the “effective date” (if any). Your continued use of the Site and our services following any such change constitutes your agreement to be bound by and its acceptance of these Terms of Sale as so modified.
· Severability. If any provision of these Terms of Sale is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms of Sale and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.
· Supplier. Each product in your order is sold either by us or by the local or international seller that is specified on the Site.
· Order processed. Our acceptance of your order will notify you of our acceptance in writing (by email). That without our email or system approval cannot processed the order.
· Order Cancellation. We may cancel your order(s) if:
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or you attempt to bulk or multi-order purchase in accordance with clause 2.8, below.
· Payment. By placing an order, you authorize us or our third-party payment processer to process your credit/debit card details for your order. We accept payment by,
o credit/debit card.
o In order to authorize credit/debit card payments, we could require creating an account for you with our third-party payment processors, including accepting their standard terms and conditions and submitting your details to them on your behalf. You hereby authorize us to do so and we shall not be liable to you for any damage or loss you may incur as a result.
o We may remove or add cards or other payment methods that we accept at any time without prior notice to you.
· Bulk/Multiple Purchasing. It’s our right to reject any orders that not matching our company vision and mission, that may bulk purchasing or multiple units of similar products being purchased.
· DELIVERY OF YOUR ORDER
· Delivery Costs. The costs of delivery will be as below:
. Dubai supplier will provide free delivery that with our third-party logistic company.
. Other suppliers should agree with our third-party logistics to deliver their products for our warehouses.
· Delivery Date. Suppliers should follow the website information in delivery.
· Delivery Delays:
· There are not any accuse for any delay or missing order but if delayed happen by an event outside of our control, then we will contact you as soon as possible to take steps to minimize the effect of the delay:
· if you do not supply the products to our Wearhouse that we will contact you to solve the issue or any gap happen. If, will not able to contact you or re-arrange delivery or collection, we will cancel your order.
· Title to Products. A product will be considered owned by you and your responsibility from the time we received and deliver for the customer.
· Invoice. You will receive notify, your order is approved, and you are able to print the electronic invoice. And, we will send such invoice to the email address you provided to us.
· Return & Refund:
· Return · State · Refund
not the same
specification. · This is under supplier responsibility that his responsibility to change the products or return and handling the logistics fees. · We will refund full amount for a customer. · Charge 5% of the supplier “operation fees”
· customer will
based in his
requirement. · Supplier responsibly to change the products that if the required products is available. · Supplier not responsible of any fees in this case. · Not refund amount that supplier should receive full amount as per our contract.
damage · When’s our delivery company received the products that will be under their responsibility. And the supplier state submits order 100%. · Not refund amount that supplier should receive full amount as per our contract.
·NON RETURNABLE ITEMS
· This condition applied on the item that fall under specific categories, including food, beverages, household goods, digital books, swimwear, hosiery, underwear, socks, health, contact lenses, hygiene related and personal care products and certain baby products (e.g. tethers, diapers, hygiene tissues, feeding related products) music, video and video games. Which is also has short shelf life. · The item should of use or change the state of it. · This condition under diver same the products specification. · Not refund amount that supplier should receive full amount as per our contract.
· Return period
· 7 days’ work the customer should contact nigwa through customer service by (email or WhatsApp) that he should have reference number.
· Products warranty and specification. A product will be considered owned by you and your responsibility from the time we received and deliver for the customer. That all details and specification will be under your responsibility. “applied terms and condition”.
|Cake & chocolate||20%|
· Percentages will be based on contract between nigwa and supplier on conditions of internal delivery, storage and marketing campaign.
· The seller may not publish, promote or offer to sell, or supply the company with any illegal products prohibited by the laws of the Territory.
· The seller may not display any commodity as the item is defective, incomplete, damaged, expired, incomplete, any obscene or pornographic material or against culture, values and customs in any way.
· The seller may not display any non-conforming, undersigned or manufactured goods, promotion, advertising, distribution, transfer, storage, offer or transaction that violates any requirements in this agreement, The seller may not display any item that is dangerous, unsafe, causes bodily or moral harm to consumers or users, or damages to the company's property.
· The seller may not display any item that is forged, stolen, non-genuine or for a reason intended to cause deception or confusion in relation to its use, origin, commercial identity or manufacture.
· The seller does not have the right and authority to sell goods containing any viruses or other computer programming that may harm, interfere with or compromise the system or interfere with its information.
· The Company has the right to impose penalties on the seller for not complying with any of the incoming obligations and the company is entitled to calculate the amount reasonably calculated by the company.
· In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
· supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it or making payment as required;
· damages that may result from the unauthorized repair of the product;
· loss of any saved/stored data in products that are either repaired or replaced;
· reliance by you on the content or other information provided on the Site with respect to the product you order;
· your use of or your inability to use the ordered product;
· delays or disruptions to our Site or our services;
· viruses or other malicious software obtained from the use of the ordered product;
· damage to your hardware device from the use of your ordered product; or
· your loss of or inability to do business or similar as a result of our inability to deliver the product to you.
· You agree to indemnify and hold us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors harmless from and against any losses, damages and expenses (including legal fees and attorney’s fees) arising out of or relating to:
· any claims or demands made by any third party due to or arising out of your use of the Site and our services;
· your violation of any of provisions of these Terms of Sale, including, without limitation, any of the warranties, representations and undertakings; or
· your violation of any applicable laws..
· The agent must abide by the continuity of the work on the subject of this contract and during the period of its non-stop effect in the event of any emergency except for matters of Cairo, including but not limited to floods - epidemics - wars - demonstrations - fires - civil disobedience - natural disasters of all kinds. This clause obliges the second party to ensure that work continues during any emergency and without any additional accreditation. This item also requires the second party to firmly price the agreed prices within the contract. For the prevailing commercial custom in accordance with good faith in dealing, and they acknowledge that the relationship of the agency calls for the exchange of confidential information between them, so they have committed through this contract to maintain the confidentiality of that relationship and in particular the second party is committed to therefore:
· Details of contractual arrangements between the parties.
· Business data, business data and information such as price and discount lists, customer lists, distribution plans, guiding services, financial information and costs.
· Technical information related to products and other aspects related to knowledge and workmanship.
· The second party is obliged to maintain this confidential information and not to disclose it to others during the duration of this contract.
· The company's activity is a broker to provide a service to the consumer and offer the goods of the service provider, in which the company is not responsible for any taxes in the country.
· The existing agreement is governed by UAE law. Any issue, dispute and/or dispute arising from the existing agreement must be settled by the Dubai courts