Terms & Conditions

Website terms and conditions of supply of goods
Last updated: June 2015

This page (together with our [Privacy Policy (www.practicallaw.com/2-201-7192), Terms of Website Use (www.practicallaw.com/5-201-7195) and Website Acceptable Use Policy (www.practicallaw.com/9-201-6274)]) tells you information about us and the legal terms and on which we sell any of the products listed on our website to you.
These Terms will apply to any contract between us for the sale of Products to you. Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should print a copy of these Terms (or save them to your computer) for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.

1. Information About Us
1.1 We operate the website www.maarli.co. We are Maarli and our main trading address is PO Box 72353, Dubai, United Arab Emirates.
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract/order you just need to let us know that you have decided to cancel. The easiest way to do this is to email us at customers@maarli.co This only applies until the time of dispatch of the order. If the order has been dispatched you are obliged to accept the order and then go through the returns procedure as set out in Clause 8). If you use this method we will e-mail you to confirm we have received your cancellation. Your cancellation is effective from the date you send us the e-mail.
(b) If you wish to contact us for any other reason, including any complaints, you can contact us by emailing us at customers@maarli.co
(c) If we have to contact you or give you notice in writing, we will do so by e-mail to the email address you provide to us in your order.

2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 We have made every effort to be as accurate as possible with all sizes, weights, capacities, dimensions and measurements indicated on our site.
2.3 The packaging of the Products may vary from that shown on images on our site.

3. Use of Our Site
Your use of our site is governed by these terms and conditions. Please take the time to read these, as they include important terms which apply to you.

4. How We Use Your Personal Information
We do not pass on your personal information to any third parties. Please refer to our separate Privacy Policy.

5. If You Are a Consumer
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

6. How The Contract is Formed Between You & Us 
6.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3 We will confirm our acceptance to you by sending you an e-mail. The Contract between us will only be formed when we send you the Dispatch Confirmation.
6.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 11.4 we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

7. Our Right To Vary These Terms
7.1 We can amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
7.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

8. Your Consumer Right of Return & Refund
This clause 8 only applies if you are a consumer.
8.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 8.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive an exchange or refund, depending on the terms.
8.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:

Your Contract End of the cancellation period or your Contract is for a single Product (which is not delivered in instalments on separate days), the end date is the end of 7 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 17 January.

Your Contract is for either of the following:
• one Product which is delivered in instalments on separate days.
• multiple Products which are delivered on separate days.
The end date is 7 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 22 January.

8.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to email us at admin@maarli.co. We will reply to you by e-mail you to confirm we have received your cancellation.
8.4 If you cancel your Contract we will:
(a) refund you the price you paid for the Products., excluding the price you paid for delivery and any customs duty. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) make any refunds due to you as soon as possible
8.5 If you have returned the Products to us under this clause 8 because they are faulty, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.6 We will refund you on the credit card or debit card used by you to pay. If you used a credit note or cash to pay for the Product we will refund with a credit note only. For a cash on delivery payment, only in the event of faulty goods, will we refund in cash.
8.7 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and no later than 7 days after the day on which you let us know that you wish to cancel the Contract. Please see Clause 8.8 for our returns address and how to arrange a return.
(b) unless the Product is faulty or not as described (in this case, see clause 8.5), you will be responsible for the cost of returning the Products to us by courier or registered post. If we have offered to collect the Product from you, we will charge you the direct cost to us for collection.
(c) Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms.
8.8 All goods returned must be sent by courier/registered post to the following address: Maarli, PO Box 72353, Dubai, United Arab Emirates – Tel: +971 50 5515828. Full returns procedure can be found in our returns policy on the website.

9. Delivery
9.1 For UAE orders we have an estimated delivery time of 24-48 hours. Please contact us if you wish to ship overseas and we will do our best to fulfil this order. Delivery/shipping costs must be covered by you (the consumer). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 19 for our responsibilities when this happens.
9.2 If no one is available at your address to take delivery, the carrier will leave you a note that the Products have been returned to the carrier’s premises in which case, please contact them to rearrange delivery.
9.3 Delivery of an Order shall be completed when our carrier delivers the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
9.4 You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 9.6 only applies if you are a consumer.
9.5 If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
9.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 9.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
9.7 If you do choose to cancel your Order for late delivery under clause 9.6 or clause 9.7, you can do so for all Products, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.

10. International Delivery
10.1 We deliver to the countries listed on the Shipping page. However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
10.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
10.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
10.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

11. Price of Products & Delivery Charges
11.1 The prices of the Products will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 11.4 for what happens if we discover an error in the price of Product(s) you ordered.
11.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
11.3 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Shipping page.
11.4 Our site contains a large number of Products. It is always possible that, despite our best efforts some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you by email to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the lower price.

12. How To Pay
12.1 You can only pay for Products using a debit card, credit card or Paypal. We also accept cash on delivery for UAE deliveries only. We accept the following credit & debit cards:
Diners Club
American Express
12.2 Credit card or debit card payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order. In case of the cash on delivery option goods will be given to the customer when cash payment for Products and all delivery charges have been received in full.

13. Our Liability If You Are A Consumer
This clause 13 only applies if you are a consumer.
13.1 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. Events Outside Our Control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport].
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.4 You may cancel a Contract affected by an Event Outside Our Control [which has continued for more than [30] days]. To cancel please contact us by email. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

15. Communications Between Us
15.1 When we refer, in these Terms, to "in writing", this will include e-mail.
15.2 If you are a consumer you may contact us as described in clause 1.2.

16. Other Important Terms
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms [whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise]. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 16, but we and you will not need their consent to cancel or make any changes to these Terms.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 If you are a consumer, please note that these Terms are governed by United Arab Emirates law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by U.A.E. law. You and we both agree to that the courts of the U.A.E. will have non-exclusive jurisdiction.