1.1 These general terms and conditions (“Terms”) govern the subscription of
products and services (“Subscription” or “Subscriptions”)
which may be found at www.bluebolt.ae/water_filter.html
1.2 Blue Bolt Technical Services LLC the www.bluebolt.ae website (the
“site”).
1.3 The products and services are provided by and You are entering into a
subscription agreement with Blue Bolt Technical Services LLC, a company
established under the laws of Dubai Economic Department, license number
1104696 with its principal place of business at 2nd Floor, Mayfair Building,
DIP 1,
PO BOX 453005, Dubai, UAE ("Blue Bolt.ae", " we", " us" and "our"). We also
do business under the name and style of "Blue Bolt Maintenance & Special
Services
and subscription & services" ("Blue Bolt.ae") We are the operator of the
Site In these Terms. " You" and "Your" refers to any person who wishes to
have, has,
or has had a Subscription.
1.4 The terms and conditions regarding the use of the site and information
about our collection, use, and/or disclosure of Your
personal data may be found at www.bluebolt.ae/water_filter.html
1.5 We will not trade with or provide any services to OFAC and sanctioned
countries
1.6 To process Your Subscriptions, we may need to collect, use, and/or
disclose Your Personal Information You hereby consent to our collection, use
and disclosure of your
Personal Information in accordance with Clause 4.a of our Privacy Policy.
1.7 In these Terms, any words importing the singular shall include the
plural and vice versa, and words importing a specific gender shall include
the other
genders (male, female, or neuter).
1.8 These Terms constitute a binding agreement between You and us. if You do
not accept any of these Terms, please do not proceed with any Subscription.
2. DEFINITIONS
2.1 In these Terms, the following words and expressions shall have the
meaning assigned hereunder except where the context otherwise requires:
Account means the account You set up on the Site before You are
entitled to access and/or use certain features or services of the Site;
Customer Care means our Customer Care team, which may be contacted
at: [+971 56 444 4368] Contactus@bluebolt.ae
Deadline has the meaning ascribed to it in clause 7.7;
Delivery means the Blue Bolt team provide the delivery within Dubai,
UAE and engage to complete deliveries of the Subscription Product;
DIFC has the meaning ascribed to it in clause 18.1;
Force Majeure has the meaning ascribed to it in clause 15.1;
Set-up Appointment has the meaning ascribed to it in clause 9.2;
Set-up team means the Blue Bolt team engage to perform set-up
services;
My Account means the page on the Site where You are able to access
Your account details;
Payment card has the meaning ascribed to it in clause 11.1
Personal Information has the meaning ascribed to it in the Privacy
Policy;
Privacy Policy means our Privacy Policy which may be found at
www.bluebolt.ae
Receipt of Subscription Order has the meaning ascribed to it in
clause 7.6;
Remainder Subscription Fee value means the fee payable on
cancellation of the subscription, as per Clause 14.2.
Site has the meaning ascribed to it in clause 1.1;
Specified Address has the meaning ascribed to it in clause 7.1.2;
Subscription has the meaning ascribed to it in clause 1.1;
Subscription Confirmation means the email that we send to You
confirming that the Subscription Offer is accepted and that the Subscription
Product will be dispatched;
Subscription Fees means the fees that You pay pursuant to a
Subscription, and which are described in clause 7.5;
Subscription Offer has the meaning ascribed to it in clause 7.1;
Subscription Product has the meaning ascribed to it in clause 7.1 .1;
Terms has the meaning ascribed to it in clause 1.1.
3. YOUR OBLIGATIONS
3.1 You represent, undertake, and warrant that: General
3.1.1 You are at least eighteen (18) years old and have full capacity and
authority to (and do) accept and agree to these Terms.
3.1.2 You have not previously been suspended or prohibited from using the
Site.
3.1.3 You are not bankrupt, you are not involved in any proceedings arising
out of or in connection with a declaration of bankruptcy, and taking on any
Subscription under these Terms would not cause You economic or other
hardship.
3.1.4 You will comply with all applicable laws and regulations with respect
to Your activities on and in connection with the subscription
Delivery
3.1.5 You will take possession of any Subscription Product that has been
delivered in accordance with the Subscription Confirmation.
3.1.6 the Subscription Products will be under Your care, custody, control
and responsibility once they are delivered to the Specified Address as
mentioned
by You, or to any third party that has been designated by You to take
delivery.
3.1.7 You are responsible for the condition of the premises at the Specified
Address, and You:
3.1.7.1 will take all the necessary measures and precautions to ensure that
Your floors, walls, and other features of Your home are well protected from
any
potential damage that could be caused as a result of the Subscription
Product being delivered to your premises;
3.1.7.2 in the event of strict and confined spaces, You would be fully
responsible for ensuring to take special care of protect Your walls,
ceilings and/or any
other surfaces prior to the delivery of the Subscription Product; and
3.1.8 there are no physical obstruction(s) with respect to the completion of
the delivery and/or the completion of any additional services acquired,
including but
not limited to:
3.1.8.1 obstructed pathways
3.1.8.2 confined spaces such as small stairways, small elevators that will
not fit the Subscription Product, stories without elevator access and/or any
means
to move the Subscription Product into the premises.
Set Up Services
3.1.9 You would be required to choose a set-up time that is compliant with
any local rules, community rules and/or by-laws that may be set by or
applicable to Your premises;
3.1.10 You would be fully responsible for ensuring that the Subscription
Product fits within the intended set-up location;
3.1.11 You would be responsible for setting up the location for the
Subscription Product at Your premises and would therefore be responsible for
ensuring that the premises has
the requisite outlets and connections (including but not limited to, water,
electricity and sewerage outlets) for the operation of the Subscription
Product.
3.1.12 For the proper and effective usage of the Subscription Product and
ensure it is in good working order, You would also be responsible for
ensuring that the following (as
applicable, and as indicated in the Subscription Product's description) are
present and available at the time of set-up:
3.1.12.1 electricity
3.1.12.2 sewerage outlet
3.1.12.3 water supply
Payment
3.1.13 You are the owner or the authorized user of the Payment Card to be
charged, and that the name on the Payment Card reflects Your actual full
name as per the records provided to us;
3.1.14 Visa or MasterCard debit and credit cards in AED will be accepted for
payment.
3.1.15 Cardholder must retain a copy of transaction records and
www.bluebolt.ae policies and rules
3.1.16 You shall provide us with any/all information with respect to the
Payment Card as is necessary for the transaction to be deemed confirmed and
successful;
3.1.17 The displayed price and currency at the checkout page, will be the
same price and currency printed on the Transaction Receipt and the amount
charged to the
card will be shown in your card currency.
3.1.18 Any/all payments in relation to Your Subscription would be charged
automatically on a timely manner as per the Subscription plan you had
selected at the time of check out.
Should Your Payment Card fail to be approved we would send a reminder for
You to update the payment details 24 hours after the first payment has been
rejected. If after 48 hours,
Payment Card details have not been duly updated and payment cannot be made
we would notify you in writing and cancel your subscription.
3.1.19 You would be required to complete any/all payments in relation to
Your Subscription as per the Subscription plan you had selected at the time
of check out.
Self-Setup
3.1.20 You agree and accept to always read and follow the user instruction
manual and/or the instructions on the packaging of the Subscription Product
before setting up or
using the Subscription Product;
3.1.21 unless set-up service has been ordered via the Site or is expressly
included in the Subscription, You will be responsible for setting up the
Subscription Product in
accordance with the instructions and warnings stated in the Subscription
Product's user instruction manual.
Use
3.1.22 subject to reasonable wear and tear, you will be required to maintain
the Subscription Products) in good condition as may be reasonably accepted
and deemed as
satisfactory per normal standards of usage; and
3.1.23 use the Subscription Product only in accordance with the instructions
and warnings stated in the Subscription Product's user instruction manual.
Blue Bolt.ae,
will not be responsible for any issues arising out of Your wrong usage of
the Subscription Product and neglecting to follow the instructions and
warnings stated in the
user instruction manual.
4. ACCOUNT
4.1 Account Setup. You will be required to setup an Account on the Site. You
will be required to enable certain features and functions on the Account,
you will be required
to complete the setup procedures specified on the Site, and You agree that
it is Your responsibility to ensure the security of, and/or your continuous
control over,
Your Account.
4.2 Acceptance of these Terms. Your placing of a Subscription, and
acceptance of these Terms by checking the confirmation box as part of the
check-out process (e.g.,
by clicking Confirm, Start Subscription, book a service, or through such
method as may be provided on the Site) shall be considered as a binding
acceptance of these
Terms by You, to the exclusion of any other terms which are implied by
trade, custom or practice.
4.3 Communications to You. Applicable laws may require that certain
communications to You shall be in writing. By accepting these Terms, you
agree that any
communication that shall be made in writing may be provided via WhatsApp
messaging service ("WhatsApp"), electronic mail ("e-mail") or by posting
notices on the
Site, and that such communications shall be considered to be in compliance
with any legal requirements that all communication(s), made by us to You,
shall be in
writing.
This condition does not affect Your statutory rights.
5. PRODUCT LISTINGS
5.1 Essential Characteristics and Product Changes. The Subscriptions,
Services and their products' essential characteristics are described on the
Site. We may change
the composition, characteristics or assortment of the subscriptions or
products on the Site at, or their presentation or packaging at our sole
discretion. Such changes
shall not apply to Subscriptions which have already been accepted by us, or
are already in force; unless the changes are required by law.
5.2 Reusable Packaging. The Subscription Products (as defined below) will be
packaged in reusable packaging. Please take note to keep them in good
condition and do
not throw them away. When the Subscription Products are returned to us, they
will need to be returned to us in its original packaging that we provided to
You.
5.3 Depiction of Products on Site. The images of the products on the Site
are for illustrative purposes only. Although every effort has been made to
display the colours
accurately, it cannot be guaranteed that a device's display of the colors
accurately reflects the colors of the products. The product may therefore
vary from those
images presented on the Site.
6. OWNERSHIP OF SUBSCRIPTION PRODUCTS
6.1 Ownership. At all times, we are and will remain the owner of the
Subscription Products. We shall not be obliged to deliver any Subscription
Products or
perform any other obligation under a contract until we have received final
confirmation that You have paid us in full, any/all amounts due outstanding
amounts owed to us under the relevant contract.
6.2 Ownership Label. All Subscription Products will have a label signifying
our ownership. You agree and acknowledge that You will not remove any such
labels
and You shall, at Your own expense, maintain in a prominent position on each
Subscription Product, any tags or identifying labels provided by us to
indicate
our ownership of the Subscription Product Except as mentioned above, You
shall not allow the name of any other person or legal entity to be placed on
the
Subscription Product during the tenure that the Subscription Product is
under Your possession.
7. SUBSCRIPTIONS AND SUBSCRIPTION ACCEPTANCE
7.1 Placing a Subscription. You can place a subscription by completing the
online checkout process on the Site, and subsequently providing the
necessary information,
on the form specified on the Site ("Subscription Offer"). In order
for us to confirm the subscription you would be required to provide us with
the following
information, including but not limited to:
7.1.1 Products that you wish to subscribe to (“Subscription Product(s)”);
7.1.2 the delivery address or the updated address in your account should you
need to move the Subscription Product from One location to
another (“Specified Address”);
7.2 Accuracy of Your information. You will be responsible for the accuracy
of the e-mail address, delivery address, the mobile number and all other
information
provided to us. If You discover that any information provided to us as part
of placing a Subscription is incorrect, you shall immediately within 48
hours inform
our Customer Care team and provide the correct information. In the event, it
is not possible to correct the information due to certain risk(s) such as
fraud or
other such similar
7.3 Our Subscription Offers will not have any trial period. Any premature
cancellation will adhere to the conditions stated in Clause 14.2.
7.4 Irrevocable Subscription Offers. You agree that Subscription Offers are
irrevocable, unless we come to an amicable arrangement and/or agreement
otherwise,
in writing. If there are intervening circumstances which necessitate Your
withdrawal of the Subscription Offer, or which would reasonably preclude You
from
performing Your obligations under the contract, please contact our Customer
Care team to make Your withdrawal request. We will respond to such requests
on a
case-by-case basis.
7.5 Confirming Subscription Offer. Prior to Your placing of the Subscription
Offer, you shall check the order summary, Your delivery address, and Your
contact
information. The Subscription Offer constitutes a legally binding offer by
You to contract based on these Terms herein, in accordance with the
specifications
contained in the Subscription Offer. Based on these terms herein, in
accordance with the specifications contained in the Subscription offer.
7.6 Subscription Fees. You shall make the payment for the Subscription when
placing the Subscription Offer, in accordance with clause 11 herein. The
Subscription Fees will include:
7.6.1 Monthly Subscription Fee (as described at
https://www.bluebolt.ae/water_filter.html)
7.6.2 Other additional fee/add-ons fee (as described at
https://www.bluebolt.ae/water_filter.html)
7.7 Acknowledgement of Receipt. After a Subscription is placed, you will
receive an e-mail from us acknowledging receipt of the Subscription
(“Receipt of Subscription Order”).
This automated Receipt of the Subscription Order is, solely, an
acknowledgment of receipt of the order and does not constitute acceptance of
the Subscription, or a legally
binding between You and us. A contract is constituted only when we send the
Subscription Confirmation.
7.8 Changing Subscription Details Before Delivery. If the Subscription has
not yet been processed in our warehouse (usually within a few hours of the
Subscription
being placed), then You may be able to make a request to make changes to
Your address, contact details and any Subscription Products ordered.
However, the placement
of any request to make changes does not guarantee that these changes will
apply. We reserve the right to reject any such request at our sole
discretion should such
concession prove to be difficult to adhere to.
7.9 Changing Subscription Details Before Delivery. If the Subscription has
not yet been processed in our warehouse (usually within a few hours of the
Subscription
being placed), then You may be able to make a request to make changes to
Your address, contact details and any Subscription Products ordered.
However, the placement
of any request to make changes does not guarantee that these changes will
apply. We reserve the right to reject any such request at our sole
discretion should such
concession prove to be difficult to adhere by.
8. DELIVERY
8.1 Delivery Services Only. We, may engage will only to provide delivery
services and will not unbox or set-up the Subscription Product upon
delivery, unless such other
service has been ordered in Your Subscription Confirmation.
8.2 Delivery Hours. We deliver from Monday to Saturday between 9.00 a.m to
6.00 p.m., excluding public holidays. Once confirmed, a Subscription will be
delivered within one (1)
to three (3) working days (Sundays and public holidays excluded) upon the
receipt of the Subscription Confirmation.
8.3 Delivery Standards. Subject to Clause 8.2, we will use best efforts to
deliver the Subscription Products) at the Specified Address as per Your
Subscription details, at
the Specified Time stated in the Subscription Confirmation, in accordance
with the selected delivery option. Certain circumstances that are out of our
control, such as heavy
traffic conditions, or motor accidents, may occur during the estimated
delivery time. We will, therefore, use our best efforts to complete the
delivery within the estimated
delivery time specified in the Subscription Confirmation.
8.4 Delivery Dates and Timelines. The delivery dates provided on the Site
and in the Subscription, Confirmation are estimated delivery dates, and are
non-binding. In the event,
there is a change to the estimated delivery date provided in the
Subscription Confirmation, whether as a result of manufacturing delays or
other unforeseen events, we will
provide You with a new delivery date. If delivery is made via an appointment
as set forth in clause 8.8, we will then contact You to set-up a new
appointment. If for any reason,
for no fault of Your own, we are unable to deliver a Subscription Product
within thirty (30) days after the Subscription was placed by You then You
would have a right to
partially terminate the Subscription as it relates to the undelivered
Subscription Product; unless both parties have expressly agreed to a later
delivery date. Upon the
initiation of such cancellation, we will refund to You any amounts already
paid in relation to Subscription Products not received.
8.5 Delivery Methods and Batching. Various delivery methods may be available
to You, depending on the quantity of the Subscription Products ordered and
the Specified Address.
If You order multiple Subscription Products, then we, at our so discretion,
will endeavor to deliver the multiple orders at the same time provided such
an approach is
practicable and feasible for our Delivery Team. If we are unable to deliver
all Subscription Products at the same time, we will contact You in advance
in order to agree
on a split delivery or delayed delivery.
8.6 Delivery Acknowledgement. You will be asked by us, to sign, whether in
wet-ink or electronically, a delivery note and acknowledge Your undertaking
of the Subscription
Product possession.
8.7 Notice on Successful Delivery. After successful delivery of the
Subscription, you will receive an email with a copy of the invoice.
8.8 Making Delivery Appointments. If a delivery appointment must be made for
delivery, for instance, due to unforeseen events that are out of our
control, as described in
clause 8.3, or failed delivery in clause 8.10.3, we shall contact You after
the Subscription Confirmation to agree on a date and time for the delivery
to take place. The
only possible contact You after the Subscription Confirmation to agree on a
date and time for the delivery to take place. The only possible change that
could occur would
be to the billing address of the chosen payment method
8.9 Damages During Delivery. We are not responsible for any damage(s)
incurred as a result of Your breach of your obligations in clauses 3.1.5 to
3.1.8 or if such damage
is not due to any fault or negligence on our part.
8.10 Failed Deliveries. The following conditions apply to failed delivery
attempts:
8.10.1 Failure to Take Possession of Your Delivery. If You are unable to
take possession of the Subscription Product at the Specified Time and
Address, and this is not
attributable to any fault of ours, we will not refund You for any costs
incurred by us arising out of or in connection with the delivery, or any
services ordered to be
performed at the time of delivery to You;
8.10.2 Anticipating Failure to Take Possession. If You become aware that You
may, for any reason, be unable to take possession of the Subscription
Product at the Specified
Address and Specified Time and would like to arrange for a new date and time
for delivery of the Subscription Product then You should contact our
Customer Care team as soon
as possible. The cost for any new delivery and additional services ordered
by You, such as set-up etc., will be borne by You;
8.10.3 Failed Delivery Attempts. If You fail to take possession of the
Subscription Product at the Specified Address and Time, we will attempt to
contact You three (3)
times to arrange delivery for a new date and time. We will arrange for
another delivery in accordance with clause 8.8. If we are still unable to
deliver the Subscription
Product after three (3) attempts trying to contact You, or after each
delivery attempt wherein You have failed to take possession of the
Subscription Product or for any
other reason where the fault cannot be attributed to us, then You agree and
acknowledge that:
8.10.3.1 the Subscription Product will be sent back to the warehouse;
8.10.3.2 we may terminate the Subscription; and
8.10.3.3 we may impose a delivery charge equivalent to AED 250.
In the event of such termination, You will receive a refund of any payment
that has been made by You, less (a) any costs that we may have incurred in
attempting a
delivery(ies) to You, and/or (b) the charges referred to in clause 8.10.3.3
above.
8.10.4 Failure to Agree on New Delivery Time. If You do not arrange and
agree on a new delivery date and time within fourteen (14) days after the
first failed delivery
attempt, we reserve the right to terminate the contract immediately, upon
giving You notice. We will not be liable for any additional costs, or for
any compensation to You,
other than a refund of the price paid by You for the Subscription Product,
minus any costs incurred by us arising out of or in connection with the
return of the Subscription
Product and/or any loss of value of the Subscription Product suffered by us,
since the first attempt to deliver.
9. SET-UP SERVICES AND ADDITIONAL SERVICES
9.1 Provision of Set-up Services. After delivery is complete, we will only
provide set-up of the Subscription Products if this has been expressly
specified in the Subscription.
For the avoidance of doubt, this will be expressly specified in the
Subscription Confirmation when:
9.1.1 You have chosen to use our set-up services when placing a
Subscription; and/or
9.1.2 certain items require set-up - this will be specified in the
description of the Subscription Product on the Site.
9.2 Set-up Appointments. We will contact You to schedule a date and time for
the set- up service to be performed ("Set-up Appointment") If You are
not contacted by us
within two (2) working days, you may contact our Customer Care team.
9.3 Cancelling or Rebooking a Set-up Appointment. Any cancellation or
rebooking by You of a Set-up Appointment must be made under the following
circumstances:
9.3.1 If delivery is to take place at any time after forty-eight (48) hours
after the Subscription Confirmation, at least forty-eight (48) hours before
the scheduled
appointment and no longer than seventy-two (72) hours;
9.3.2 if delivery is to take place within forty-eight (48) hours after the
Subscription Confirmation, within 6 hours of Subscription Confirmation.
9.4 Cancelling or Rebooking Outside Allotted Time. If a
cancellation/rebooking is made after the time specified in Clause 9. You
will have to pay for a new set-up of the
Subscription Product at an additional cost.
9.5 Set-up Conditions. Subject to clause 9.1, the following conditions apply
to any set-up service performed by us.
9.5.1 Permission. You agree to allow us to carry out the set-up service on
Your premises.
9.5.2 Your Presence. In order to complete the set-up service, we will
require You, or someone delegated by You, to be present at the designated
premises during the Set-up
Appointment. Either You, or Your delegate, will need to allow us entry to
the premises.
9.5.3 Punctuality. We, will not wait beyond the scheduled time specified in
the Set-up Appointment. If You are not present, You will need to schedule a
new Set-up Appointment,
and additional costs may be charged to You depending on the set-up service
that You have chosen, based on the current price list for such services. For
the avoidance of doubt,
such additional costs may also apply to cases where the price of the first
set-up was included within the price of the Subscription Product.
9.5.4 Testing of Subscription Product. We will test the Subscription Product
to ensure it is in good working order.
9.5.5 Guidance. We will provide You with guidance on how to use the
Subscription Product.
9.5.6 Outside Scope of Set-up Services. We do not:
9.5.6.1 move electrical outlets or set up new outlets and/or extensions:
9.5.6.2 provide any form of carpentry work, such as drilling holes in walls
or cabinets; or
9.5.6.3 Set up or fix water pipeline on the premises.
9.5.7 Accessories. In some cases, you may need set-up accessories that are
not included with the Subscription Product. In such cases, we will recommend
what is needed. You may
purchase the set-up accessories directly from us so that the set-up can be
completed.
9.5.8 Discontinuing Set-up. If we believe that the work involved in the
electrical set-up:
9.5.8.1 is dangerous
9.5.8.2 deviates from applicable laws and regulations:
9.5.8.3 may cause damage to persons and or the environment; or
9.5.8.4 triggers other safety concerns, we will not continue the set-up.
9.5.9 Set-up failure or interruption. Where the installer fails to complete
the set-up, or must interrupt the service (as in the preceding clause), due
to:
9.5.9.1 You not having followed the set-up requirements for the Subscription
Product provided to You in these Terms, or as may have been stipulated on
the Site and/or any Subscription
Product description, or as may have been notified to You at any reasonable
time prior to the start of the set-up service;
9.5.9.2 any other obstruction at the designated premises, for a fault or
negligence that cannot be attributed to us.
You will need to schedule a new Appointment. This will be done at an
additional cost as may be agreed between You and Us, as stipulated by us,
depending on the set-up service that You
have chosen pursuant to the current price list for such services. For the
avoidance of doubt, such additional costs also apply to cases where the
price of the first set-up was included
in the price of the Subscription Product.
9.5.10 Remedial Measures. You are entitled to request that the Subscription
Product is re-set up or request for a refund, as applicable, if they
performed Set-up Service has not been
carried out in accordance with the Terms herein or under the applicable
law(s). We reserve the right to request additional information from You, so
as to verify such a request.
9.5.11 Post-Setup Actions by You. If You experience any flaw in, or issue
with, operation of the Subscription Product resulting from any further
set-up/setup related steps taken by You
that were against our instructions, we reserve our right to:
9.5.11.1 refuse to award a refund to You; or
9.5.11.2 to claim compensation from You in case the set-up service has been
performed twice in ignorance of the relevant reason at the material time.
When a refund is to be awarded, we
will process this as soon as possible, subject to clause
10. PRICES AND DELIVERY COSTS
10.1 Prices as Displayed. All prices of the Subscription Products or
additional services are as quoted in United Arab Emirates Dirhams (AED) on
the Site, exclusive of applicable taxes.
Unless indicated otherwise on the Site or during the check-out process,
prices do not include additional delivery or return costs, such costs will
be calculated as follows:
10.1.1 Delivery costs will be calculated case by case and depending on the
situation.
10.1.2 Return costs will be calculated as per Clause 14.5.
10.2 Prices Based on Reasonable Conditions. Prices for delivery or set-up
services are determined on the assumption that these services can be
executed under conditions that can be reasonably
expected. For example, if access to the place of delivery is difficult due
to the presence of gates, narrow passages, traffic restrictions on heavy
vehicles, reduced size of elevators, absence of
elevators or hoists, in the case of deliveries to the upper floors, or
deriving from the need to adapt existing furniture on the premises to set-
up the Subscription Product, there will be additional
costs that will be agreed in advance between You and us. If no agreement can
be reached, the Subscription Product will remain in our possession, or in
the possession of the Delivery. In such a case,
we reserve the right to end the Subscription by notifying You, at no
additional cost to us and no compensation being due to You, other than a
refund of the price paid by You for the Subscription
Product. We will deduct any costs that have been Incurred by us (up to that
point), and/or any loss of value of the Subscription Product suffered since
the first attempt to deliver was made. We
will also not refund any costs relating to the delivery, set- up of the
Subscription Product or any additional services ordered by You which were
scheduled to take place at the Specified Time.
10.3 Erroneous Prices. In the event that any price or any information about
prices on the Site is erroneous, and/or has otherwise been mistakenly put up
on the Site, and this was known or, due
to the obvious nature of the erroneous or inaccurate information, should
reasonably have been known by You, we may:
10.3.1 update the Subscription with the correct price:
10.3.2 cancel the Subscription by notifying You;
10.3.3 If You request to change the Subscription, we will use our best
efforts to facilitate changing the Subscription, as long as it is
reasonable.
10.4 Cancellation Due to Erroneous Prices. If the Subscription is to be
cancelled, You agree that we are not liable to pay You any compensation for
a mistake committed with respect to erroneous
prices placed on the Site. Our only obligation is to refund the sum(s) which
You may have paid to us in relation to the cancelled portion of the
Subscription.
10.5 Refunds Due to Erroneous Prices. If the erroneous price on the Site is
higher than the actual price, and You wish to retain the Subscription, we
will change the Subscription as mutually
agreed upon in writing, and refund to You the difference. For ease of
transacting on the Site, we may cancel Your Subscription and require You to
place a new Subscription.
11. PAYMENT
11.1 Payment Options. Payment is limited to the options provided on the Site
for the different Subscriptions which would include major payment cards. The
Subscription is two hundred and
seventy-two Dirhams (AED 272) paid monthly excluding vat, and You make the
payment for the Subscription through Your payment card of choice ("Payment
Card"). We currently accept multiple
credit card Payments, which are processed through a secure payment gateway.
We may change our offering of cards and banks at any time, at our sole
discretion.
11.2 Third Party Payment Services. We use a third party aggregator to handle
the payments and do not store any information relating to Your account
and/or You credit card, etc. Payment requests
may be rejected by the third party aggregator based on their internal
policies. We are not responsible for such decisions.
11.3 Authorization to Charge. By communicating the information on Your
Payment Card, you authorize us to charge Your Payment Card for the amount
corresponding to the total price of the Subscription,
and on a recurring basis as indicated in the Subscription Confirmation. The
payment will be authorised when the Subscription Offer is placed.
11.4 Successful Payment. Upon successful payment, a Receipt of Subscription
Order will be sent to Your e- mail address. The Payment Card will be debited
and settled once the Subscription
Products are ready for delivery to You.
11.5 Safeguards. As addressed in our Privacy Policy, we shall implement
every means necessary to ensure the confidentiality and security of data
transmitted on the Site. For more information,
please refer to our Privacy Policy.
12. SUBSCRIPTION PRODUCT QUALITY AND FITNESS, CLAIMS AND REFUNDS
12.1 Inspection Upon Receipt. You shall inspect and examine the Subscription
Product immediately upon receipt and verify whether the quality and quantity
of the Subscription Product corresponds
with that which has been contractually agreed upon, as recorded on the
Subscription Confirmation.
12.2 Contacting Us About Defects. You may contact us to arrange for a return
or collection, or regarding any complaint or claim if the Subscription
Product is defective, malfunctioning, or otherwise
unfit for purpose. We will acknowledge any request, claim or complaint
within two (2) working days and will seek to resolve it as soon as possible.
12.3 Remedial Measures. Subject to clause 12.7, we shall i) perform a 1-to-1
exchange of the Subscription Products with similar goods, such as faulty
parts with spare parts or accessories within 4-5
working days of our being notified; or ii) take back the Subscription
Products and refund any amounts paid by You for the Subscription Products,
only under the scenarios where we fail to repair or correct
a defect within the time period allotted and communicated to You after
having looked into Your claim.
12.4 Costs. In relation to clause 12.3, we shall bear the cost of repairs
and shipping to transport the Subscription Products, spare parts, or
accessories to and from Your premises.
12.5 Refunds. In the event that we provide a refund, we will refund:
12.5.1 the price paid for the Subscription Product(s); and
12.5.2 any add-on services that were charged but not used
We will not provide a refund for any add-on services that were charged but
already used.
12.6 Refund Timelines. We will make refunds according to the following
timelines:
12.6.1 For payments made via credit cards, within fifteen (15) working days
from the date we receive Subscription Products, you will receive the
eligible amount back onto the card originally used.
12.7 Exclusions. We will not perform any of the remedial measures per clause
12.3, under the following scenarios:
12.7.1 abuse or misuse of the Subscription Product contrary to the user
instruction manual and/or the instructions on the packaging of the
Subscription Products, which is available at www.bluebolt.ae
and which was delivered to You, and which You agree and acknowledge has been
made available to You by us;
12.7.2 improper use of the Subscription Product;
12.7.3 alteration or modification of the Subscription Product which may
result in damage to the Subscription Product or may cause the Subscription
Product to no longer operate as intended;
12.7.4 improper set-up or storage of the Subscription Product by third
party/non-authorized service provider; or
12.7.5 improper repair, modification or servicing of the Subscription
Product performed by anyone who has not received prior authorization from
us.
12.8 Disclaimer. To the extent possible under applicable law, we assume no
responsibility for claims attributable to unintended or improper use of the
Subscription Product, its incorrect
handling or incorrect set-up (other than when we, have performed the
set-up).
12.9 Maintenance of Subscription Products. For any information regarding the
maintenance of the Subscription Products, you should consult the user
instruction manual or contact our Customer Care team.
13. SELF-SETUP
13.1 When Expert Set-up is Required. The set-up of our Subscription Products
requires our expertise, or the expertise of professionally qualified
personnel who have been authorized by us,
to avoid the risk of damage to the premises or Subscription Products, and to
avoid personal injuries. You agree and acknowledge that You will not
undertake set-up of such Subscription
Products on Your own.
14. TERMINATION
14.1 Our Termination Rights. In addition to clause 7.9, we reserve the right
to terminate Your Subscriptions, with immediate effect, and You agree and
acknowledge that You will return the Subscription
Products or have them picked up at Your expense if:
14.1.1 You do not fulfil Your obligations under the Subscription;
14.1.2 there is reason to believe that You are bankrupt; or
14.1.3 there is reason to believe that You do not intend to be bound by the
Subscription, or that You will not be able to fulfil Your obligations under
the Subscription.
14.2 Premature Termination. The term of this Agreement, is for a period of
thirty-six (36) months, if You terminate Your Subscription prematurely, you
are not entitled to a refund of fees paid. However,
we have the right to collect a cancellation fee from You, in accordance with
the following terms:
Subscription plan name – Monthly Plan
Subscription Term in Months – 1 Month
Cancellation Term – Value equal to AED:3000 or 12 months’ subscription
value.
14.3 Costs and Losses. After termination, all costs, and losses incurred by
us in connection with repossession/refurbishment of the Subscription
Products shall be borne by You.
14.4 Intention to Purchase. Whilst under the subscription period, should You
wish to purchase the machine instead of subscribing to the terms and
conditions of this Agreement, we will deduct the Payment
that you paid out of the machine's total.
14.5 Termination and Return Costs. Should us terminate this Agreement, the
Return Cost of the machine will be equal to Two Hundred Seventy-Two dirhams
(AED 272).
15. FORCE MAJEURE
15.1 Contractual Release. We shall be legally released of, and not obliged
to comply, wholly or partially, with any obligation in relation to You, in
case of an unforeseeable event outside of
our control ("Force Majeure"), which shall include (but not be limited to)
fire, explosion, epidemics, pandemics, quarantines, typhoon, flood, military
activity, war, riot, stoppages of work, industrial,
any form of action governmental intervention, breakdown of plant or
machinery (including transportation), or any other circumstances outside our
reasonable control.
15.2 Consequences. During an event of Force Majeure, our obligations are
suspended for a period equal to the period during which the event of Force
Majeure exists. If the event of Force Majeure
continues for a period of more than two (2) months thereby materially
affecting our performance of its obligations, either You or we may terminate
the Subscription affected by the event of Force Majeure
with immediate effect by notifying one working week in advance the other
party in writing thereof, without any compensation being due, other than the
a refund by us of all amounts paid by You for the
Subscription Product, except for any Subscription Product(s) or services
that were charged and had been used.
16. LIABILITY
16.1 Nothing in these terms and conditions excludes or limits liability for
death or personal injury caused by gross negligence, fraudulent
misrepresentation or any other liability which may not
otherwise be limited or excluded under applicable law.
16.2 Our liability to You in any event will be reduced by the extent to
which any loss arises out of Your negligent act or omission.
16.3 Without prejudice to Clause 8.2, our liability shall be limited to
direct damages caused by its fraud, deception, or intentional failure.
16.4 Our aggregate liability under any agreement arising out of or in
connection with the Terms shall in no event exceed the total amount paid to
us by You during the term of such agreement. Our liability
for any single event shall not exceed the amount paid to us by You pursuant
to the Subscription Confirmation and the invoice to which the liability
pertains.
16.5 To the fullest extent permitted by law, we shall not be liable to You,
whether in contract, tort (including negligence), statute or otherwise, for
any loss to the extent that it is for indirect, special,
economic or consequential loss, where consequential loss means any loss
beyond the normal measure and beyond that which every plaintiff in a like
situation would suffer, or for any loss of revenue or profits of
any nature whatsoever, loss of expected savings, loss of chance or business
opportunity, business interruption, loss or reduction of goodwill or damage
to reputation.
17. SURVIVAL
17.1 Any provision these Terms that is intended (whether expressly or by
implication) to survive the termination or expiry of these Terms, shall
remain in full force and effect, including without
limitation clauses 12 (Subscription Product Quality and Fitness, Claims and
Refunds), 16 (Liability) and 18 (Applicable law and jurisdiction).
18. APPLICABLE LAW AND JURIDICTION
18.1 These Terms shall be governed by, and construed in accordance with, the
laws of the Dubai International Financial Centre (hereinafter "DIFC").
18.2 The Parties irrevocably agree that the DIFC Courts shall have exclusive
jurisdiction to settle any dispute or claim that arises out of or in
connection with these Terms or its subject
matter or formation (including non-contractual disputes or claims).