Terms
and conditions
INTRODUCTION
You agree to use MarkaMall.Net website (the
"Website") only for purposes that are permitted by this Terms &
Condition and any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions.
You agree that you will not access or
attempt to access the Website other than through the interface that is provided
by MarkaMall.Net, unless you have specifically been permitted to do so in a
separate written agreement signed by an authorized representative of MarkaMall.Net.
You specifically agree not to access or
attempt to access the Website, or any portion thereof, through any automated
means, including but not limited to the use of scripts or web crawlers. You
agree that you will not engage in any activity that disrupts or otherwise
interferes with the Website (or the servers and networks which are connected to
the Website). You agree that you will not duplicate, reproduce, copy, sell,
trade or resell the Website for any purpose.
You agree that you are solely responsible
for any breach of your obligations under this Terms & Condition and for the
consequences (including any loss or damage which MarkaMall.Net
may suffer) of any such breach.
PROTECTING
YOUR ACCOUNT AND AMENDMENT IT TO THE TERMS OF USE
You may be required to register with MarkaMall.Net
in order to access certain services or areas of the Site. With respect to any
such registration, we may refuse to grant to you the user name you request.
Your user name and password are for your personal use only. If you use the
Site, you are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your account or
password. In addition to all other rights available to MarkaMall.Net including
those set forth in these Terms & Conditions, MarkaMall.Net reserves
the right, in its sole discretion, to terminate your account, refuse to present
service to you, or cancel orders.
We may from time to time modify or change
the Terms and Condition. The revised Terms of Use will govern your future use
of our Site and Services, so we
strongly suggest that you visit and review our Terms of Use periodically. Each
version is specifically dated. If you do not agree to the revised version, you
must immediately stop using our Site and Service. Our Terms of Use were last
updated on April 04, 2013, Terms and Conditions Agreement applies from this
date onwards.
INTELLECTUAL
PROPERTY
All content included on the Site, such as
text, graphics, logos, images, audio clips, video, data, music, software, and
other material (collectively "Content") is owned or licensed property
of MarkaMall.Net or its suppliers or licensors and is protected by copyright,
trademark, patent, or other proprietary rights. The collection, arrangement,
and assembly of all Content on the Site is the exclusive property of MarkaMall.Net.
MarkaMall.Net and its suppliers and licensors expressly reserve all
intellectual property rights in all Content.
PRICES
Base
Currency.
All fees and prices are in Qatari
Riyal (QAR)
Changing of Prices.
MarkaMall.Net prices are subject to modification at any time. Prices may also vary due to a launching price, a promotional offer or sales. Prices of items that are not in stock or that are available for a pre-order are valid during its promotional period after the order was placed. Should the price of those items change with respect to the pre-order price, Customer will be informed and will have the possibility to cancel the order. We reserve the right to update prices displayed on the website from time to time and once updated, they cannot be claimed against an order that has already been confirmed or delivered.
Typographical
Errors
MarkaMall.Net strives
for accuracy in all item descriptions, photographs, compatibility references,
detailed specifications, pricing, links and any other product-related
information contained herein or referenced on our Website. Due to human error
and other determinates we cannot guarantee that all item descriptions,
photographs, compatibility references, detailed specifications, pricing, links
and any other product-related information listed is entirely accurate, complete
or current, nor can we assume responsibility for these errors. In the event a
product listed on our Web site is labeled with an incorrect price due to some
typographical, informational, technical or other error, MarkaMall.Net shall at
its sole discretion have the right to refuse and/or cancel any order for said
product and immediately amend, correct and/or remove the inaccurate
information.
Additionally, all hyperlinks to other Web
sites from MarkaMall.Net are provided as resources to customers looking for
additional information and/or professional opinion. MarkaMall.Net does not
assume responsibility for the claims and/or representations made on these or
any other Web sites.
SHIPPING
METHODS
All orders may require 24-48 hours
processing time before shipping.
MarkaMall.Net does not
process orders during weekends.
No deliveries will be made on Fridays
MarkaMall.Net does not
guarantee same day shipping.
MarkaMall.Net does not
offer International shipping options at this time.
Exact delivery times cannot be guaranteed.
This shipping method available only for Qatar but
except some areas which is far from the city.
ORDERS
Placing
An Order
Placing an order can be done from the websit (MarkaMall.Net),
by telephone. Should you place an order from the website, you have to be sure
that personal data is correct and updated. MarkaMall.Net suggests the Customer
to proof-read his/her form several times before validating an order. MarkaMall.Net
is neither responsible for sending e-mails to the wrong e-mail address nor for
sending parcels to the wrong delivery address if the form is incorrectly
filled-out.
Processing
Time
You can expect your order to be processed
within approximately 24-48 hours, provided the items are in stock and there are
no problems with payment verification. MarkaMall.Net does not guarantee same
day-shipping. Orders are not processed on weekends and holidays.
Order Acceptance Policy
Your receipt of an electronic or other form
of order confirmation does not signify our acceptance of your order, nor does
it constitute confirmation of our offer to sell. MarkaMall.Net reserves the
right at any time after receipt of your order to accept or decline your order
for any reason. MarkaMall.Net reserves the right at any time after receipt of
your order, without prior notice to you, to supply less than the quantity you
ordered of any item. We may require additional verification or information
before accepting any order.
Order
Acknowledgement
MarkaMall.Net will keep you informed of
your order status via e-mail. All tracking information will be emailed to your MarkaMall.Net
ID once your order has processed or changed status. You may also acquire your
order status and other live updates by logging in to your account on our Web
site.
Change
Orders
You may request a change to your order
provided the order has not already been charged to your account. Please call us
during MarkaMall.Net's hours of operation to request a change to your order.
Please have your sales order (SO) or customer number ready for better
assistance. We strongly discourage sending change order requests via email
because it is unlikely we will receive the message in time to make an adjustment
due to the sheer volume of emails we receive each day.
Cancel
Orders
You may request that an order be cancelled
provided the order has not already been processed and shipped. Simply call us
during MarkaMall.Net's hours of operation to request an order cancellation. We
strongly discourage sending order cancellation requests via email because it is
unlikely we will receive the message in time to void the order due to the sheer
volume of emails we receive each day.
Delivery/Shipment
Policy
Multiple shipments/delivery may result in
multiple postings to the cardholder's monthly statement.
PAYMENT
MarkaMall.Net currently offers COD (“Cash
on Delivery”) payments and Paypal. However, Cash On Delivery option is only
applicable within Qatar. In order to protect the website visitors to the best
of our knowledge, we implement several security policies and certificates.
These layers of protection could be by-passed if the user's computer is/was infected
with a virus or malicious software. MarkaMall.Net or its associated partners
and employees cannot be held responsible in such a scenario or circumstance.
MarkaMall.Net reserves the right to refuse
a delivery or honor an order from a Customer who has not paid part or the
totality of a previous order or with whom a litigious dispute is in progress. MarkaMall.Net
also reserves the right to take any necessary steps including legal action in
case of outstanding or non-payment of fees by you.
- Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of Qatar.
- Qatar is our country of domicile
- Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.
- If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
- The cardholder must retain a copy of transaction records and Merchant policies and rules.
- We accept payments online using Visa and MasterCard credit/debit card in AED.
INVOICE
The order form filled out online by the
Customer cannot be considered as an invoice. Regardless of the purchase or
payment methods, the Customer receives an invoice inside his/her parcel when it
is delivered. A digital/hard copy of each invoice is registered in MarkaMall.Net
data base.
SECURITY
MarkaMall.Net will take all reasonable
precautions to ensure the security of any payment details included in your
order nevertheless, barring direct negligence on our part, we cannot be held
liable for any losses incurred as a result of unauthorized access to information
you may provide. If you have any queries or issues regarding security at MarkaMall.Net
please contact support@MarkaMall.Net .
DISPUTES
If any dispute, claim, controversy or
difference (including in relation to any tortious or statutory claim) ("Dispute")
arises out of or in connection with or in relation to this User Agreement,
including (without limitation) any question regarding the formation, existence,
scope, performance, interpretation, validity or termination of this User Agreement
or this clause, or any question regarding the legal relationships established
by this User Agreement or the consequences of its nullity, then the parties
shall first attempt amicably to settle the Dispute through good-faith
negotiations over a period of thirty (30) calendar days commencing on the date
that a party first sends to the other party a written notice of the Dispute.
In the event that a Dispute has not been
settled amicably by the relevant parties by the end of such thirty (30)
calendar day-period, the parties hereby agree that the Dispute shall be
referred to and finally resolved by binding arbitration as set out below, under
the Arbitration Rules of the Doha International Financial Centre - London Court
of International Arbitration ("LCIA"), which rules
("Rules") are deemed to be incorporated by reference into this
clause. The number of arbitrators shall be one. The parties to the arbitration
shall seek to agree on a sole arbitrator to be nominated to the LCIA court for
appointment. If the parties to the arbitration fail to nominate a sole
arbitrator within 30 days from the date of the service of the request upon the
respondent (or such greater or lesser period as may be fixed by the LCIA
Court), the sole arbitrator shall be appointed by the LCIA Court. The seat or
legal place of the arbitration shall be Doha International Financial Centre in Doha,
Qatar.
The arbitration proceedings shall be
conducted in the English language and the award shall be in English. The
foregoing provisions of this clause are without prejudice to the right of MarkaMall.Net
to seek interim relief at any time from any court of competent jurisdiction
(whether or not an arbitrator has been appointed) and MarkaMall.Net shall not
be deemed to have breached this arbitration agreement or infringed the powers
of the arbitrator for having done so..
LIMITATIONS
OF LIABILITY
IN ALL CIRCUMSTANCES 'S MAXIMUM LIABILITY
IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. MarkaMall.Net SHALL NOT,
UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT,
INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS
WHICH EXCEEDS THIS LIABILITY LIMIT. MarkaMall.Net SHALL NOT BE LIABLE FOR THIRD
PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS,
INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES,
WHETHER OR NOT MarkaMall.Net HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH
CLAIMS OR DAMAGES.
If you are dissatisfied with the Site or
any content or materials on it, your sole exclusive remedy is to discontinue
your use of it. Further, you agree that any unauthorized use of the Site and
its services as a result of your negligent act or omission would result in irreparable
injury to MarkaMall.Net and MarkaMall.Net shall treat any such unauthorized use
as subject to the Terms and Conditions of this User Agreement.
GOVERNING
LAW
This User
Agreement is governed by, and construed in accordance with, Qatari law. This
clause will survive until any expiry or cancellation of this User Agreement for
any reason..
In case of
any disputes the law applicable would be based on the Qatar Governing Law.
MarkaMall.Net will NOT deal or provide any
services or products to any of OFAC sanctions countries in compliance with the
law of Qatar.
We accept payments online using Visa and
MasterCard credit/debit card in the (QAR). If "Credit Card Online" is
selected as the payment methods then the details on the Customers ID (Card
holders ID) should exactly match that of the credit card used to make the
purchase.