Updated on 15-Nov-2020
BUYER AND SELLER AGREEMENT (TERMS OF SALE)
THIS AGREEMENT IS EXECUTED BETWEEN:
The Seller is the registered seller(s) of the website (www.Swish.qa), who intends to sell goods and services offered to buyers through the E-commerce website. The seller(s) (referred to as the (“Seller”) unless it be repugnant to the context or meaning thereof, be deemed to mean and include Seller heirs / subsidiaries, affiliates, successors and permitted assignees) herein after referred to as the FIRST PARTY.
Swish.qa, E-Commerce company with its office at Doha (hereinafter referred to as SWISH.QA or WE, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors and permitted assignees) hereinafter referred to as the SECOND PARTY; AND
The Buyer is the user(s) of the website of the SWISH.QA who intends to purchase goods and services offered by the first party through the E-commerce website of the Second party. The buyer herein after referred to as the THIRD PARTY.
AND WHEREAS the second party is offering the services of E-commerce platform both to the First party and Third party for the purpose of selling and buying various products and services.
AND HENCE THIS AGREEMENT IS NOW MADE AND THE PARTIES HERETO AGREE AS FOLLOWS:
- Rights of the Third Party:-
The First and Second party intent to protect all the rights, welfare and interest of the Third party as their customer in tone with the laws as applicable in the State of Qatar as such the Third party shall have inter alia the following rights and the first party shall they are guaranteed to the Third party.
1.1. The Seller shall be bound by Law No.8 of 2008 on Consumer Protection and every provision of the said act shall be treated as a part of this agreement and if any part of this contract is in contravention of the said act, such part shall be void to such extent of contravention.
1.2. The seller shall not offer to sell any commodity / service that are unsafe or whose use might cause injury to others.
1.3. The seller shall provide correct data and information about commodities/ services which are listed in the website of SWISH.QA.
1.4. The seller shall make sure that the conditions of quality and specifications shall be ensured as it is offered to the consumer.
1.5. The seller shall not list / advertise any service or product that will be causing any disrespect to any religious values, customs or traditions.
1.6. The seller undertakes not to display, present, promote or advertise any defective or adulterated commodity including the commodities that does not confirm the prescribed standard specifications, unfit for use or expired.
1.7. The seller shall clearly warn the consumer any risk that may arise out of the use of any commodity that may be listed by the seller.
1.8. The seller shall not list or give any description, advertisement or display of any commodity in a manner involves false or deceptive information.
1.9. The seller shall issue a dated invoice to the consumer reflecting the commodities type, price, quantity and any other relevant information.
1.10. The seller shall offer guarantee to the consumer to every service/commodity and if such guaranty is not executed within 15 days, the seller shall provide a similar commodity for use by the consumer free of charge until such guarantee is executed.
1.11. The seller shall guarantee / service for a period time appropriate to the nature of the commodity and shall refund the consumer or repeat the service in the correct manner where the service does not confirm the guarantee.
1.12. The seller shall provide the services of repairing, maintenance and after sale service of the commodity.
1.13. The seller shall ensure the right of the consumer to return the commodity within the time stipulated after if any defect is discovered.
1.14. The seller shall ensure that all the product details including price, guarantee, warrantee, services etc. shall be rendered in Arabic language together with any other language that may be used.
1.15. Warranty: There are two kinds of warranties, one is manufacturer and other is seller. Seller’s warranty is given by the seller/First Party of the products. In case of a defect in the product, Third Party have to contact the Seller/First Party and customer cannot go to the authorized service center to avail the benefit of the warranty. Sellers/First Party clearly list products with warranty terms, if provided. If the seller is in Qatar, sellers’ warranty will be valid only in Qatar. The moment Customer/Third Party purchase a new product, that time provided with a warranty which is called as manufacturer’s warranty. A document is provided with the terms and conditions which states that which all damages are covered under the warranty. So, this is manufacturer’s warranty. Manufacturer warranty is given by the brand and in case of any problem with the product during the warranty period, Customer/Third Party can go to the authorized service center and get the product repaired/replaced under warranty. In both cases, Second Party/SWISH.QA will only guide the customer either to brand service center or to the First Party, if the product is under warranty.
- Trust Deal Policy
The following terms and conditions of the Trust deal policy will be applicable to the Third party and the First party and third party shall be bound by the terms and conditions set out herein along with the other agreements.
2.1. Genuine Products: - All sellers listed with us is required to enter into a legal agreement to sell only new and genuine items. SWISH.QA carefully approve only those sellers who can be reliable to sell you high quality product(s)/Service(s) at best prices. SWISH.QA don’t allow sale of duplicates, knock-offs, refurbished goods unless stated, used items on our website.
2.2. Easy Cancellation: - You can easily cancel your order any time before processing the delivery, except the Goods which are made and prepared as per your specification or which have been personalized or exclusively custom-made item. In this regard, just raise a cancellation request as a reply to the order receipt mail.
Following are the five rules for order cancellation:
- Cash on Delivery Orders can be cancelled at any time before processing shipment (Normally within 1 hour, all confirmed orders will be forwarded to sellers for processing the shipment).
- Paid Orders can be cancelled before processing shipment, full amount will be refunded to customer account (Normally within 1hour, all confirmed orders will be forwarded to sellers for processing the shipment).
- Order cancel request raised after the above stipulated time (shipment processed and out for delivery), order will be cancelled and SWISH.QA will charge the reasonable packing/shipping charges.
- After order mail receipt, if the item has to be changed in variants it can be done within 1 hour (before the order processed) by replying to our order receipt mail (change will be depending upon the availability).
- For customized products, the option of cancellation is not applicable upon receipt of your advance payment.
Note: Third party will receive a cancellation confirmation mail from SWISH.QA, which should be used for your future inquiries regarding the cancellation.
2.3 Easy Return:- Our 3 Days Easy Return policy makes it very easy to return an item, except the Goods which are made and prepared as per your specification or which have been personalized or exclusively custom-made item and items complied with below table. In this regard, just raise a return or replace request as a reply to the delivery confirmation mail. Please return your item in its original packaging with all tags.
What will be covered under Easy Return:
Error from Seller/SWISH.QA
All Items can be returned for replacement,
Note: Refer the detailed list given below in T&C
All Items can be returned for replacement,
Except: Baby Care; Beauty & personal Care; Car care & fresheners; Consumables; Customized items; Confectionery, Fresh Flowers, All Mobile & Electronics; Electronic smart watches; Grocery and Food; Gift Voucher; Furniture, Handkerchiefs; Health, wellness & medicine; Household essentials; Inner wear & sleepwear; Lingerie Products, Nutrition & supplements; Perfumes & fragrances; Pet Supplies; Precious jewelry; Socks; Vehicles, Adhesive & Sealings, Janitorial and Sanitation supply, Sports, Fitness and Outdoors, PC Components, Movies, Music, Books, Video Games, Mobile Accessories, software, Musical Instruments, Products in Clearance/Offer Sale
Note: Refer the detailed list given below in T&C
Definition of Damages, Defects: There is a difference between damages and defects. Damages occur in handling product; defects occur at the factory. To place the measurement needed for continuous improvement in the appropriate place and to serve you better, we need to record the damage or defect properly. When product leaves our distribution centre there are no apparent physical damages.
Damage Attributes: broken, torn, crushed, cracked, bent, or dented. This can occur in two ways:
- By the freight carrier, meaning, if the box arrives physically damaged, we know the carrier had a hand in this damage. We call this Freight damage.
- Damage that is concealed, meaning, the box arrived physically undamaged, but when the box was opened, the product inside was damaged. We call this Concealed damage.
Defect: Is an imperfection in any aspect of the physical attributes of the product, caused by poor execution at the factory
Please note, items that are damaged as a result of wear and tear are not considered to be faulty.
2.4 Replace/Exchange or Refund:- The item once sold will be replaced/exchanged/refunded only for specific reasons as applicable in above table. Accordingly, if any product falls under the eligible criteria as per above table for replace/exchange/refund, you have to inform us by written mail within 24 hours of your receipt of the product. On receipt of your mail, an acknowledgement mail will be sent to you that your mail has been registered with SWISH.QA with the replace/exchange/refund process. Replace/Exchange/Refund is possible only if SWISH.QA/Seller receive the product from you in original/good condition with its original packing, with all the tags, labels attached, inclusive of all original spare parts, accessories and documentation such as manuals and without any damages. Once your item has been returned to us it will be verified by our Quality Control Team and the result will be mailed to you within 48 working hours from the receipt of the Product.
By Replace, we mean replacing an item offered as an alternative to, and represented as being equivalent to, an originally specified item whichever you choose as per the availability of the product with us with the same brand and value.
By Exchange, we mean if the replacement option is not available, we will recommend customer to choose any other item(s) available with us with same value or the customer can pay the difference amount, if any.
By Refund, we mean if the replacement/exchange option is not available, we will refund to the customer to his/her bank account or will provide store credit as per customer choice. Your refund will be processed immediately and credited to your account within 5 to 7 working days from the date of approval. Please allow up to 14 working days before contacting us if you haven't received your refund. Depending on your bank/credit card company, it may take additional 2-5 business days after processing for the credited amount to show in your account. For credit card or debit card purchases, refunds will be credited to the original credit card or debit card account. If we are unable to process your refund due to an expired credit card of you, we will notify you by email and arrange for an alternative account to refund. For Cash on Delivery (COD) purchases, refunds will be managed through SWISH.QA Customer Service Team.
- Discount/Offer Price used for product purchase will not be considered for the replace/exchange/refund processing. It means, we will do the account reconciliation on the actual amount spent by the customer for the particular product’s purchase.
- If the product return reason is ‘Customer Not satisfied with the item’ Replacement/Exchange/Refund will be excluding shipping and packing charges.
Terms & Conditions for Replacement/Return/Exchange/Refund:
a). Returns/replacements/exchange/refund will be accepted for only those items which are found to be eligible in above table.
b). Replacements will depend on the availability of the item. In case the replacement item is out of stock, we will arrange exchange/refund.
c). Items that you return should not be used, washed, altered/tampered or soiled. All original packing, labels, tags, leaflets, manuals, warranty/guarantee cards, freebies, accessories such as belts, locks, straps, etc. should be intact. The courier will not accept your item in absence of these.
d). If you wish to return an electronic device, that contains any personal information, please ensure that you have removed all such personal information from the device prior to return it. SWISH.QA shall not be liable in any manner for any misuse or usage of such information. Items with locks/passwords should be returned unlocked/disabled.
e). Electronic items: We require a document from the brand/OEM’s service Centre confirming that the delivered item was defective. We will carry out a quality check to validate the complaint before processing any request for replacement/exchange/refund.
f). Some items are bound by the brand’s specific policies regarding repair, exchange and returns. These policies will be binding on the customer.
g). Automobile Products (two-wheelers, four-wheelers and Commercial Vehicles) cannot be cancelled or returned.
h). Clearance or Offer sale products are not able to return unless it is coming under the criteria ‘Error from Seller/SWISH.QA’. In this regard, replace option is available depend upon the stock availability. If not, exchange/refund is available with the actual amount spent by the customer for the particular product’s purchase.
i). Discount/Offer Sale Price used for product purchase will not be considered for the replace/exchange/refund processing. It means, we will do the account reconciliation on the actual amount spent by the customer for the particular product’s purchase.
j). If the product return reason is ‘Customer Not satisfied with the item’ Replacement/Exchange/Refund will be excluding shipping and packing charges.
k). Items that are damaged as a result of wear and tear are not considered to be faulty.
l). SWISH.QA Gift vouchers cannot be return or refundable
m). Items sold as sets/combos cannot be exchanged or returned individually.
n). Returns/replacements/exchange/refund will be initiated after the pick-up of product.
o). The following items are non-returnable unless it is not under ‘Error from Seller/SWISH.QA’: Mobile's Insurance & Warranty, Vitamins & Minerals, Proteins & Sports Nutrition, Books, Paints, Cement, Ayurveda & Organic Products, Family Nutrition, Pharmacy Products, Health & Safety Utilities, Hospital & Medical Equipment, Alternative Health Therapies, E-Cigarette & E-Shisha, Sexual Wellness, Respiratory Care, Supports & Rehabilitation, Beauty & Personal Care, Food, Household Essentials, Fragrances, Precious Jewelry, Lingerie Accessories, Software, Gaming Title, DTH Services, Gift cards, Janitor Supplies, Oil & Additives, Car Care & Fresheners, Pet Supplies, Gift Sets, Perfume, Deodorants, Inner wear, Socks, Educational Devices, Extended Warranty & Insurance, Diapers, Gaming Consoles, Cartridges & Toners, Memory Cards, Graphic card, Processor, RAM, Motherboard.
p). The following items are only eligible for Replacement: Mobile Phones, Tablets, Wearables and Smartwatches, Power banks, Camera Lenses, Camcorders, Digital Cameras, DSLRs, Laptop Batteries, Internal Hard drives, Computer Components, External Hard Disks, Movies, Music, TV Shows, Projectors, Tyres & Alloys, Bean Bags, Shelves, Home Security Products, Headphones & Earphones, Iron, Personal Care Appliances, Printers & Scanners, Air Conditioner(s), Binoculars & Telescopes, Laptops, Monitors, Televisions, Home Theatre Systems, Air Coolers, Refrigerator, Washing Machines & Dryers.
- Purchase and Delivery of Product.
3.1 Seller agrees that Seller will abide by the terms and conditions of this Agreement and SWISH.QA Policies and resolution(s), including any amendments thereto made by SWISH.QA from time to time.
3.2 The seller shall provide the product details in the appropriate format for listing in the relevant category given by Swish.qa. The seller shall provide all details relevant to the sale / purchase of the Products, including the Selling Price, an informative description of each Product (including but not limited to the length, breadth and height of the Product) and its contents, by way of text descriptions, graphics, or pictures or videos. These Product listings and details shall be displayed on the Website, along with the Selling Price.
3.3 The Product description shall not be misleading and shall describe the actual condition of the Product. If the sold Product does not match the Product description displayed on the Website, Seller agree to refund any amount that the seller may have received from the Buyer and to compensate the Buyer for the same and the online marketer is indemnified by the seller for any consequence thereof.
3.4 The seller shall update the real-time availability / non-availability of the Products listed on the Website.
3.5 Seller shall not attempt to sell any product on this Website which is falling in the banned category, listed by Qatar Ministries or any other authorities. Swish.qa is not liable for penalties/issue’s anything that arises out of this listing. If found, we Swish.qa has the right to terminate the Agreement with immediate effect.
3.6 When a Buyer elects to purchase a Product through the Website, SWISH.QA shall receive the order for the Product only in the capacity of an online marketplace.
3.7 For all orders placed on the Website, payments shall be collected by SWISH.QA on behalf of the Seller unless stated, in the mode (i.e., payment gateway or cash on delivery) as opted for by the buyers. Seller hereby authorize SWISH.QA to process, facilitate, collect and remit payments to Seller, (collected either electronically or through cash on delivery), from the buyers in respect of sale of the Products through the Website. Seller also agree that, in doing so, SWISH.QA will be merely acting as Seller limited agent as Seller sales partner with the sole intent and purpose of facilitating the sale and purchase of Products through the Website. Seller also agree that the payment facility provided by SWISH.QA is neither a banking service nor a financial service but is merely a facilitator/facilitating the service of providing an automated online electronic payment system, using the existing authorized banking infrastructure and credit card payment gateway networks or payment through cash on delivery, for the transactions on the Website. Further, by providing the payment facility, SWISH.QA is neither acting as a trustee nor acting in a fiduciary capacity with respect to any transaction on the Website.
3.8 SWISH.QA may provide the backend infrastructure assistance that may include customer support center and order management system. SWISH.QA shall not be responsible for claims made by Buyers for Orders placed by the Buyer will be forwarded to Seller. Seller shall package the Product(s) in accordance with the packaging guidelines issued by SWISH.QA from time to time and dispatch the Product(s) to the Buyer/preferred courier partner assigned by Swish.qa.
3.9 Seller shall ensure that the purchased Product is dispatched to the Buyer, within such time period which SWISH.QA may prescribe from time to time, along with all the required information, manuals, accessories (where applicable) warranty documents (where applicable) and any other relevant documents, to enable the Buyer to optimally use the Product purchased. Seller shall also issue a corresponding Invoice in the name of the buyer, which Invoice shall be sent to the Buyer along with the Product. Seller shall be responsible to update the deliver details to us for reflecting this development in our system.
3.10 The default delivery model provided by SWISH.QA for the delivery of purchased Products to the Buyers is the Drop-Ship Model as detailed herein below. SWISH.QA may, at its discretion, introduce other delivery models listed at in this Clause, at any time in the future. On introduction of such other delivery models, SWISH.QA may, at its discretion, offer these delivery options to all or selected Sellers. All four (4) delivery models are detailed below for the Sellers’ information.
Option 1 – Drop-Shipment Option - (Default Model) - Seller will be responsible for packaging and shipping the Product to the Buyer via courier through one of the Courier Partners;
Option 2 –Consolidate Shipping Option - If Seller receive several orders from the Website, then in order to expedite collection and dispatch of such Products, a designated Courier Partner shall first collect all such ordered Products from Seller and consolidate them at designated premises (consolidation center) and then the respective Products will be dispatched to the Buyers by the Courier Partners identified by SWISH.QA;
Option 3 - Fulfilled By SWISH.QA (FBG) Option – Seller may keep the Products in the Fulfillment Centre along with a detailed inventory of the same, SWISH.QA shall be responsible to packaging and dispatch of the Products to the Buyers as per the orders received by the Seller from time to time and in accordance with the directions of the Seller; or
Option 4 – Seller Shipment Option – Seller will be responsible for packaging and shipping the Product to the Buyer via any courier service other than the Courier Partners, including the Payment Collection and if any Return Order arises.
3.11 Seller shall keep SWISH.QA informed promptly on any information that shall impact the delivery of a Product to the Buyer.
3.12 Seller confirm and understand that selling and delivering fake, duplicate, spurious, counterfeit, damaged, defective, refurbished or previously owned Products through the Website will cause great prejudice and harm to the reputation and goodwill of SWISH.QA and may also cause harm and prejudice to the Buyers. Further, if SWISH.QA receives any complaint from any Buyer or if Seller sell or deliver fake, duplicate, spurious, counterfeit, damaged, defective, refurbished or previously owned Products through the Website then Seller shall be liable to pay three times the Selling of the Product sold or Legal fine whichever is higher, as damages to SWISH.QA. We SWISH.QA reserve the right to adjust the above amount from any amount accrued to Seller pursuant to this Agreement or Seller are bound to pay legally.
- Non-Delivery or Return of Products.
4.1 Non-Delivery/Return of the Product Due to Fault of the Seller
(a) Where the Product has not been delivered due to any reason/fault attributable to Seller, then SWISH.QA shall refund to the Buyer the Selling Price paid by the Buyer to purchase the Product and Seller shall be liable to pay SWISH.QA and SWISH.QA shall be entitled to recover from Seller (Marketing Fee, Courier Charges, Payment Collection Fees and Fulfilment Charges, if applicable)
4.2 Non-Delivery/Return of the Product Due to Any Other Reason
(a) Where the Product has not been delivered due to any reason which is not attributable to the Seller, then SWISH.QA shall refund to the Buyer, the Selling Price paid by the Buyer to purchase the Product and shall cause the Product to be returned to the Seller. In such an event if the seller account is already settled for that particular order, then Seller shall be liable to pay SWISH.QA the amount which received for that particular Order and any other applicable charges.
4.3 Buyer's shipping address, delivery location will be verified with the database of Website before starting the delivery process. In the event Buyer's order is not serviceable (such as inside of restricted industrial plants, military base, oil rigs, access permit required area, etc.) by our logistic service providers or by Seller or the delivery address is not located in an area that is covered under the order confirmation form, Buyer may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by the Seller.
4.4 Parties agree and acknowledge that SWISH.QA shall be entitled to recover/adjust any outstanding amount due and payable by Seller to SWISH.QA under this Agreement from any Seller Proceeds payable to Seller and Seller undertake not to object to such recovery/adjustment.
4.5 Seller hereby agree to accept all Products (cash on delivery or non-cash on delivery), which are refused/not accepted by the Buyer at the time of delivery.
THESE STANDARD TERMS ("TERMS OF SALE") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER QATAR LAW AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE LAW. THESE AGREEMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.