These Terms of Sale set out the terms and conditions on which products are supplied to you as a buyer on www.lavida.ae or on our mobile application (together defined as the “Site”). The owner and operator of the Site is La Vida General Trading L.L.C (“we”, “our” or “us”).
Please read these terms carefully before you submit your order via the Site. By placing an order on the Site, you are agreeing to be bound by these Terms of Sale with immediate effect.
2.1 Order Acceptance.
Our acceptance of your order will take place when we notify you of our acceptance in writing (e.g. by email and/or mobile messaging). If we are unable to accept your order, we will inform you of this in writing or through a call and will not charge you for the product.
By placing an order, you authorize us or our third-party payment processer to process your credit/debit card details for the amount of your order. We accept payment by:
2.3 In order to authorize credit/debit card payments, we may be required to create an account for you with our third-party payment processors, including accepting their standard terms and conditions and submitting your details to them on your behalf. You hereby authorize us to do so and we shall not be liable to you for any damage or loss you may incur as a result.
2.4 We may remove or add cards or other payment methods that we accept at any time without prior notice to you.
2.5 Cancelling Order.
You may cancel your order immediately prior to shipping for any reason.
2.6 Our Cancellation.We may cancel your order(s) if:
3.1 Delivery Costs.
The costs of delivery will be as displayed to you on our Site.
3.2 Delivery Date.
This information will be displayed to you on our Site.
3.3 Delivery Delays:
3.4 ID Requirement Upon Delivery.
We may, at our sole discretion, make any inquiry we deem necessary to verify your identity and/or ownership of your financial instruments by requesting that you provide us with further information or documentation, including, but not limited to requesting a form of identification and/or credit card. If we are unable to verify or authenticate any information you provide, we have the right to refuse delivery and cancel the order
3.5 Title to Products.
A product will be considered owned by you and your responsibility from the time we deliver the product to the delivery address and you have paid for the product.
We will issue an electronic invoice for your purchase and send such invoice to the email address you provided to us.
4.1 You have right to return or exchange product(s) in the following cases (without any return fees):
4.2 If you changed your mind: you can return the product(s), and Fees apply 100 AED for each non-defective product according to the above conditions.
4.3 Return Terms: Product(s) must be returned in all previous cases with the same delivery agent unless you receive an expired product that may be returned within 14 days and you will not be charged any return fees.
4.4 Contacting Us (arrange a Return). You may contact us through email (email@example.com), social media or live chat on the Site.
4.5 Your Refund:
4.6 Refund Procedure.
We will issue a refund to you depending on the method you used for payment, as follows:
4.7 Refund Timescale. Your refund will be initiated once your product is received back in our customer fulfilment center and inspected by our team, and the final refund will be received by you as follows:
5.1 You warrant, represent and undertake that:
5.2 Our services are provided to you on an “as is” basis without representations, warranties or conditions of any kind. We disclaim all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of, of fitness for a particular or general purpose, of non-infringement, of compatibility or that our services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all.
6.1 Nothing in these Terms of Sale shall limit or exclude a party’s liability:
6.2 Subject to clause 6-1, in no event will we be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in relation to these Terms of Sale for loss of profits, loss of data or information, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we have been advised of the possibility of such damages.
6.3 In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
6.4 Subject to clause 6.1, if clauses 6.2 or 6.3 are held to be unenforceable or inapplicable for any reason, then the total liability (including legal fees) applicable to us to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms of Sale shall be limited to the lesser of the price the product sold for on our Site and its original and return shipping costs.
6.5 You agree to indemnify and hold us harmless from and against any losses, damages and expenses (including legal fees and attorney’s fees) arising out of or relating to:
7.1 Governing Law. These Terms of Sale and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of Dubai.
7.2 Dispute Resolution:
7.3 Third Party Rights. A person who is not a party to these Terms of Sale has no right to enforce any of its term.
7.4 Relationship of the Parties.
Nothing contained in these Terms of Sales will be deemed or construed by the parties or any third party to create the relationship of partnership or joint venture between the parties, it being understood that the parties will at all times remain independent parties contracting for services.
7.5 Further Assurances.
The parties will do and execute or arrange for the doing and executing of each necessary act, document and anything reasonably within its power to implement and give effect to these Terms of Sale to its full extent, including, without limitation, assisting each other in complying with applicable law.
7.6 Entire Agreement.
These Terms of Sale and the documents referred to or incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Sale and the documents referred to or incorporated into these Terms of Sale by reference, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied
We reserve the right to modify, vary, amend or supplement these Terms of Sale at any time and from time to time. We will post the current version of these Terms of Sale on the Site and each such change will be effective upon posting on the Site or upon the date designated by us as the “effective date” (if any). Your continued use of the Site and our services following any such change constitutes your agreement to be bound by and its acceptance of these Terms of Sale as so modified.
If any provision of these Terms of Sale is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms of Sale and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.
7.9 Force Majeure.
We will not be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of our whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or services to us, labour disruptions, blackouts, embargoes).
7.10 No Waiver.
Any waiver by us of any of the provisions of these Terms of Sale will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.
7.11 Survival. All provisions that either expressly or by their nature survive, will survive suspension or termination of your membership of the Site.