Terms and Conditions of Sale
WARNING
This
website is operated by Odyssey
International, trading as ‘Pedantis’ (referred
to as "we”
/ “our”
/ “us").
As a user of this website (referred to as "you”
/ “your")
you should ensure that you read and understand these Terms and
Conditions of Sale before ordering any goods or services via our
website.
If
you are uncertain as to your rights under these Terms and
Conditions of Sale or you want any explanation about them please
contact us at the address and telephone number set out at the end of
these Terms and Conditions of Sale.
IMPORTANT
INFORMATION
contract
terms
It
is our intention that the terms of the contract between us and you
are all contained in:-
- these
Terms and Conditions of Sale;
- our
Website Terms Of Use;
- our
Privacy Policy.
We
intend that the terms of our contract will also include any special
agreed terms that have been subsequently discussed, confirmed and
agreed in writing between you.
your
right to use products which you purchase from us
Your
right to use our products is subject to compliance with our Software
License Agreement (where applicable) and any relevant restrictions
detailed on our website. If you would like more information
about use of our products, please email us at [email protected]
If
goods or services ordered via this website are being provided by a
third party that third party’s own terms and conditions may also
apply to your order. We shall inform you at the time you place
your order if third party terms and conditions apply and we shall
also make a copy of these terms and conditions available to you at
this time.
changes
to these terms and conditions
We
reserve the right in our sole discretion to modify, alter or
otherwise update these terms and conditions and the content of our
web pages (including details of prices, products, services and
offers) at any time.
You
will be asked to read and accept the terms and conditions each time
you place an order, to ensure that you are familiar with the most
current ones.
ORDER
PROCESS
who
is permitted to submit offers
You
are only permitted to use this website to submit an offer to buy
goods or services if you:
-
are
purchasing the goods or services principally for the purposes of
your business, or profession;
-
are
aged 16 years or older; and
-
have
authority to bind any business on whose behalf you use this website.
your
offer to purchase goods / services
Nothing
on this website is intended to mean that we are making a legally
binding offer to you to provide goods or services: instead, we are
inviting you to make a legally binding offer to us to purchase goods
or services.
Offers
can be submitted by completing the online order form on our website
and clicking on the ‘MAKE PAYMENT” button.
acknowledgement
of your offer
Once
you have submitted your offer to us, you should be presented with a
confirmation webpage which sets out the final details of your offer.
We
shall also endeavor to confirm the details of your offer by email
within 48 hours (excluding weekends and public holidays in UAE).
Please note that although this email constitutes notification of
receipt of your offer, it does not
constitute our acceptance of your offer.
acceptance
of your offer & formation of our contract
Unless
specifically accepted by us as set out below, we will not be bound by
any offers submitted by you via this website.
Our
contract with you is formed only when we have accepted your order
by:-
-
delivering
the goods or providing the services you have offered to purchase (in
which case the date of formation of the contract is the date on
which we attempt to deliver the goods or perform the services); or
-
if
earlier, sending you notice of our acceptance by email or by post
(in which case the date of formation of our contract is the
date shown on that notice of acceptance).
All
contracts shall be concluded in the English language.
rejection
of your offer
It
is entirely at our discretion to accept or reject any offer submitted
by you. Our acceptance of such offers is always subject to
authorization of your payment card (or receipt of payment in cleared
funds), availability of stock at the stated price and confirmation
that you have read and accepted these terms and conditions by
clicking on the “I ACCEPT” button.
If
for whatever reason we are unable to accept your order, we shall
endeavor to notify you of this promptly and shall provide a full
refund of any prepayments made.
DELIVERY
OF GOODS / PERFORMANCE OF SERVICES
confirming
receipt
Goods
must be signed for on delivery, where applicable, the signatory being
either you or another person authorized by you who is aged 16 years
or over.
date
If
we accept your offer to purchase goods or services from us, we shall
use reasonable endeavours to deliver the goods or provide the
services you have ordered:-
-
within
thirty (30) days after we receive your offer; or
-
if
we agree an alternative later date with you, by that date (provided
that the alternative date is not merely declared to be an estimate).
We
can only deliver goods to you during normal working hours, on normal
working days Monday to Friday (excluding public holidays). We
are unable to specify the exact time or period in the day at which
the goods will be delivered to you.
delay
If
we anticipate any delay in delivery or performance, we shall endeavor
to notify you of such delay as soon as possible.
If
we cannot supply you with the goods or services you have ordered
within thirty (30) days after we receive your offer (or by any
alternative date we have agreed with you), we shall endeavor to
inform you accordingly and you shall have the option of either:-
-
accepting
a later delivery date which we propose to you; or
-
cancelling
your contract with us (or, as appropriate, cancelling your offer)
and accepting a refund of any prepayments which you have made.
If
we are unable to contact you (or are otherwise unable to ascertain
your preference in relation to the above two options) within fifteen
(15) days (excluding weekends and public holidays in Scotland) after
the expected delivery date our contract with you shall be treated as
cancelled in full.
failure
to accept goods
If
delivery of goods ordered by you is not accepted within two weeks of
our first attempt to deliver the goods to any specified address, we
reserve the right to charge you for any consequential storage costs
reasonably incurred by us.
PAYMENT
payment
methods
All
payments must be made in US dollars (and we reserve the right to make
any refunds in US dollars) Our receipt of cleared funds sent by
you does not constitute our acceptance of your order.
Payment
for goods or services ordered is processed using the services of 2
Check Out. Payment may be made by any of the methods below and will
be debited when we accept your offer, or when we deliver the goods or
perform the services ordered by you, whichever is earlier:-
-
VISA
-
Mastercard
-
Switch
/ Maestro
-
Amex
We
will tell you if your payment details cannot be authorized for any
reason and may invite you to pay by another method.
price
All
prices on this website are quoted in US dollars. Out prices to
not include Value Added Tax.
delivery
charge
In
addition to the price of goods, delivery charges may be payable by
you. The delivery charge, where applicable, will be quoted
by Pedantis taking account of the weight and destination for
delivery. Should you have any queries, please do not hesitate to
contact us.
ERRORS
errors
made by us
While
we try to ensure that the descriptions, prices and delivery charges
displayed on our website are correct, errors may occur. If,
prior to delivery to you, we discover an error in relation to goods
or services you have ordered, we will inform you as soon as possible
and you will then have the option of either:-
-
confirming
your offer to purchase subject to the corrected description, price
or delivery charge; or
-
cancelling
your offer to purchase and receiving a full refund of any
prepayments.
If
we are unable to contact you (or are otherwise unable to ascertain
your preference in relation to the above two options) within seven
(7) days after the expected delivery date our contract with you shall
be treated as cancelled in full.
errors
made by you
Information
that you provide to us by using this website must be accurate and
complete. Errors in your offer should be corrected prior to the
conclusion of our contract. You can correct such error prior to
submitting your offer to us by re-entering the relevant information
in our online order form, using the ‘BACK’ button where required.
CANCELLATION
our
right to cancel
The
sale and supply of goods and services are always subject to
availability of stock, and receipt of your payment in cash or in
cleared funds, so:-
-
In
the event that we are reasonably unable to supply the goods or
services which you have ordered due to circumstances beyond our
control, we will endeavor to inform you of this as soon as possible
and our contract with you will, insofar as it relates to goods or
services which we are unable to supply, be treated as cancelled. Any
prepayment which you have made will be refunded to you in full.
-
In
the event that your payment does not clear, is not authorized or is
not received by us within seven (7) days after we received your
order, we will endeavor to inform you of this as soon as possible
and our contract with you will be treated as cancelled.
refunds
If
your order is cancelled by us, we will refund to you any monies paid
within thirty (30) days of notice of cancellation being given.
DEFECTIVE
GOODS
rejecting
defective goods
If
you wish to reject goods we have provided because you believe them to
be faulty, not in accordance with specification, or damaged on
delivery, you must inform us within 30 days and you must make the
rejected goods available for collection by our courier at our
request.
Where
we have provided goods which were faulty, not in accordance with
specification, or damaged on delivery, we are usually able to offer a
repair (where reasonably possible), replacement or a refund.
If
you reject goods which are in every respect what you ordered (being
in accordance with specification, and not damaged on delivery) and
you are not otherwise entitled to cancel your contract with us, we
reserve the right to charge you the direct cost to us of collecting,
testing, storing and redelivering the rejected goods.
duty
to take care of goods
You
are under a duty to take reasonable care of goods you are rejecting,
irrespective of whether they are faulty, not in accordance with
specification, or were damaged on delivery. You will be liable
for any loss of damage to the goods if you fail in this duty.
Without limitation, this duty requires you to ensure that:-
-
prior
to being returned to us, the goods are carefully, safely and
securely stored;
-
at
the time they are made available for collection, the goods are
packaged in a manner which is adequate for transit, taking into
account the nature of the goods being returned and the distance
which they are required to travel (please use the original
protective packaging if still available: we will not provide
additional packaging or boxes).
LIABILITY
WARNING
This
section contains provisions which restrict the extent to which we are
liable to you for any loss you may suffer in connection with use of
our website and goods and services ordered via this website.
By
using this website to place an order for goods or services, you also
agree that you will be liable for any loss we (or certain people
connected with us) suffer as a result of breach of these terms and
conditions of sale by you or by certain people connected with you.
Nothing
in these Terms and Conditions of Sale is intended to restrict
liability arising under our Website Terms of Use.
your
and our liability
Nothing
in these Terms and Conditions of Sale is intended to exclude
liability (if any) for personal injury or death resulting from our
negligence, for fraud or for any matter which it would be illegal to
exclude or to attempt to exclude.
You
and we shall only be liable to each other under these Terms and
Conditions of Sale for losses which are a reasonably foreseeable
consequence of the relevant breach of contract. Neither you nor
we shall be liable to each other under these Terms and Conditions of
Sale for any other loss or damage, subject to the paragraph above.
circumstances
beyond our control
We
shall be under no liability for any delay or failure to deliver goods
or otherwise perform any obligation as specified in these Terms and
Conditions of Sale if the same is wholly or partly caused, whether
directly or indirectly, by circumstances beyond our reasonable
control.
no
implied terms
All
warranties relating to goods or services ordered via our website
which are not expressly stated in these Terms and Conditions of Sale
are hereby excluded to the fullest extent permitted by law.
We
do not accept liability for the fitness of our goods for your
purposes and we exclude (to the fullest extent permitted by law)
those warranties and other implied terms relating to fitness for a
particular purpose.
limitation
on claim amounts
Our
total liability to you, in respect of any claim by you arising out of
or in connection with the provision of (or the failure to provide)
goods or services, shall be limited to the sum paid by you to us for
the goods or services which are the subject of the claim, save to the
extent to which this provision would exclude or limit our liability
for death or personal injury caused by an act or omission of ours.
liability
passed from us (and others) to you
You
agree that you shall be liable for any foreseeable and reasonable
costs incurred by us in respect of any and all demands, liabilities,
losses, costs and claims (including reasonable legal fees incurred in
defending any action or otherwise) sustained or incurred by us, our
agents, suppliers, customers, officers, or employees, and arising as
a result of breach by you of these Terms and Conditions of Sale.
GENERAL
headings
The
headings are for convenience only and shall not affect the
construction or interpretation of these Terms and Conditions of Sale.
interpretation
In
these Terms and Conditions of Sale, unless the context otherwise
requires:-
-
the
singular shall include the plural and vice versa;
-
references
to persons shall include bodies corporate, unincorporated
associations and partnerships; and
-
words
importing the whole shall be treated as including a reference to any
part thereof.
waiver
Any
waiver by either you or us of a breach of any provision of these
Terms and Conditions of Sale shall not be considered as a waiver of
any subsequent breach of the same or any other provision of these
Terms and Conditions of Sale.
our
relationship with you
You
and we are, with respect to one another, independent parties.
Nothing in these Website Terms and Conditions of Sale is intended to
nor shall create any partnership, joint venture or agency.
transfer
of rights / obligations
We
shall be entitled to transfer, sub-license and/or assign any of our
rights and/or obligations under these Terms and Conditions of Sale.
This will not affect your rights under these Terms and Conditions of
Sale.
You
may not transfer, sub-license or assign any of your rights or
obligations under these Terms and Conditions of Sale without our
written consent.
severability
Every
provision of these Terms and Conditions of Sale shall be construed
separately, applying and surviving even if for any reason any of
these provisions is held inapplicable or unenforceable in any
circumstances.
law
& jurisdiction
These
Terms and Conditions of Sale shall be governed by and construed in
accordance with UAE law and you agree to submit to the
non-exclusive jurisdiction of the UAE courts.
You
are solely responsible for compliance with any applicable laws of the
country from which you access our website.
CONTACTING
US
queries,
comments and complaints
If
there is anything in these terms and conditions which you do not
understand or you have any other queries, comments or have a
complaint, please contact us. Our contact details are as
follows:-
Postal
/ business address:
Suite
102, 1 Floor, Arcade Building, Deira Garhoud, Dubai, UAE
Email
address:
[email protected]
Telephone
number:
+971
(0) 4 283 1335
Fax
Number:
+971
(0) 4 283 1334
about
us
We,
Odyssey International, are a company registered uin United Arab
Emirates with registered number 538761 and having our registered
office at 1st Floor Arcade Building, Suite 102, Deira, Garhoud,
Dubai.
We
recommend that you print out a copy of these terms and conditions for
your future reference.