1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are RAK Ceramics P.J.S.C. a company registered in Ras Al Khaimah, UAE. Our registered VAT number is 100244726400003.Our Online Store shoponline.rakceramics.com
2.2. How to contact us. You can contact us by telephoning our customer service team at +971-7-2467000 or by writing to us at firstname.lastname@example.org
2.3. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1. Our offer to you. You must provide us with your requirements including quantities per product.
3.2. How we will accept your order. Once you confirm you would like to place an order, our acceptance of your order will take place when we send you a Sales Order Confirmation document, at which point a contract will come into existence between you and us. You cannot make any changes to your order after you have received the Sales Order Confirmation so please check the Sales Quotation carefully.
3.3. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline.
3.4. Your order number. We will assign a reference number in the Sales Order Confirmation. It will help us if you can tell us the order number whenever you contact us about your order.
3.5. We only sell to the UAE under these terms. These terms are solely for the sale of our products in the UAE.
3.6. The application of these terms. These terms apply to the exclusion of all other terms and conditions. If there is a conflict between these terms and any other term of our Sales Quotation or Sales Order Confirmation, these terms shall prevail to the extent of the conflict or inconsistency only
4.1. Products may vary slightly from their pictures. The products Images displayed on our websites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that they accurately reflect the colour, texture, or finish of the products, therefore, our products may vary slightly from the products or images displayed. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements provided by us have a +/-10% tolerance.
4.2. Make sure your measurements are accurate. If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct and we accept no liability if the measurements provided are incorrect.
4.3. Our tile fitting recommendation. We recommend that a 2-4 mm gap is left between tiles when they are fitted. Failure to do this will invalidate any warranty or claim made by you*
5. YOUR RIGHTS TO MAKE CHANGES
5.1. Changes to the product requested by you. If you wish to make a change to the product you have ordered please contact us immediately.We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5.2. Changes to the product by us. We may change the product in certain circumstances, including but not limited to:
5.2.1. to reflect changes in relevant laws and regulatory requirements; and
5.2.2. to implement minor technical adjustments and improvements, at our discretion
6. DELIVERY OF THE PRODUCTS
6.1. Delivery costs. Unless advised otherwise by us, the cost of delivery shall be as set out in the Sales Order Confirmation.
6.2. When we will provide the products. During the order process, we will provide you with an estimated delivery date after full payment for the products has been received by us. Delivery will be considered complete by us once we arrive at the delivery address. You will be responsible for offloading the products once they arrive at the delivery address. Please note, we may require photo ID to complete the delivery which you must provide upon request.
6.3. We are not responsible for delays outside our control. If our delivery of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay.
6.4. Collection by you. If you have asked to collect the products from our premises, you can collect the products from us by agreeing a date and time with our customer care representative, between Monday-Friday, during our working hours of 9 am to 6 pm.
6.5. Unsuccessful delivery. If no one is available at the address to take delivery, we will leave you a note informing you of how to collect the products from a local depot or collection site in Ras Al Khaimah. You will not be entitled to a refund for the delivery charges if you are not at the delivery address when the products were attempted to be delivered.
6.6. Failure to re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not arrange delivery or collect them from us within 7 days, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 7.4.3 will apply.
6.7. When you become responsible for the product. The products will be your responsibility from the time we deliver the products to the delivery address or when you collect the products from us.
6.8. Suspending supply of products. We may have to suspend the supply of a product to:
6.8.1. deal with technical problems or make minor technical changes;
6.8.2. update the product to reflect changes in relevant laws and regulatory requirements; or
6.8.3. make changes to the product as requested by you or notified by us to you at set out in clause 5. 6.9. Suspending supply of the products for non-payment. If you do not pay us for the products when you are supposed to (see clause 0) and you still do not make payment within 15 days of us reminding you that payment is due, we may suspend the supply of the products until you have paid us the outstanding amounts.
7. ENDING THE CONTRACT
7.1. Ending the contract before dispatch. You may contact us to cancel/end your order/contract before the products have been dispatched to you by sending us written notice.
7.2. Ending the contract after dispatch or returning delivered products. You may contact us to end your contract after the products have been dispatched by sending us written notice, however, you will be liable to compensate us in accordance with clause 7.5 and you must coordinate with us in relation to the return of our products to our warehouse and such products must be adequately packed and in a sellable condition.
7.3. You must submit a Credit request. If you end the contract at any time or wish to return any products after delivery, you must submit a credit request to us in writing within 30 days. We may require your valid Emirates ID card in order to provide a credit note. If we do not receive a credit request within 30 days, you will not be entitled to any credit note. Any credit note on your RAK Ceramics account will be available for purchases made within the following 12months. After 12 months, the credit will expire.
7.4. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if :
7.4.1. you do not make any payment to us when it is due and you still do not make payment within 15 days of us reminding you that payment is due;
7.4.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your delivery address and contract information; or 7.4.3. you do not, within 7 days of an unsuccessful delivery or collection,allow us to deliver the products to you or collect them from us.
7.5. You must compensate us. If the contract ends in the situations set out in clause 7.2 or 7.4, you must pay us:
7.5.1. AED 5 per m2 for tiles;
7.5.2. AED 1 per piece for tiles accessories;
7.5.3. AED 50 per piece for sanitary ware products.
7.6. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided
8. IF THERE IS A PROBLEM WITH THE PRODUCT
8.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us via the information provided at clause 0. <<Where is clause 0?
8.2. Your obligation to notify us of rejected products. If you believe the products are faulty, incorrect or if they are not delivered, you must notify us in writing within 15 days of the actual delivery date. We will then either send a Quality Controller to the delivery address to inspect the products, require you to provide clear photographs of the products, arrange for the products to be collected from the delivery address or require you to deliver the requested quantity of such tiles to the address specified in clause 0. We will pay the costs of postage.
8.3. We provide you with a warranty on the products. If we determine that the products are faulty or broken on delivery and do not meet our internal standards, we will replace the products and arrange for them to be delivered to you, at an agreed time, at our cost. Alternatively, we may provide a refund or credit note.
8.4. We will not be liable for indirect losses. To the extent permitted by law, we will not be liable to you for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract and our total liability to shall in no circumstances exceed the price of the products supplied to you
9. PRICE AND PAYMENT
9.1. Where to find the price for the product. The price of the product will be the price set out in the Sales Order Confirmation, plus VAT. The applicable VAT will be added to the order value and invoice and will be payable by you.
9.2.We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product (including delivery costs) in full before the change in the rate of VAT takes effect.
9.3. When you must pay and how you must pay. We accept payment by credit card, debit card, bank transfer. Payment (including for delivery) is due on your receipt of the Sales Order Confirmation or immediately if there has been a change to the order resulting in additional costs. Products will not be dispatched until we are in receipt of full payment. If you do not make payment on time, we may cancel the contract in accordance with clause 7.4.1.
9.4.What to do if there has been an overpayment. If any of the following events occur after you have made payment in full for the products, we shall either credit the difference to your account with us or provide you with a refund for the difference:
9.4.1. if we agreed that we did not deliver the full quantity to you; or
9.4.2. if we accept your request to change any part of the order before dispatch of the product which results in a lower invoice price. If we deliver any additional products or quantities to you which are not in the Sales Order Confirmation, you must notify us immediately and we will either arrange for the additional products to be collected or offer them to you for an additional price which must be paid to us immediately.
10. OTHER IMPORTANT TERMS
10.1. How we will use your personal information. We will use the personal information you provide to us: 10.1.1. to supply the products to you;
10.1.2. to process your payment for the products; and
10.1.3. if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
10.2. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
10.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end this contract or make any changes to these terms.
10.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
10.6. Which laws apply to this contract and where you may bring legal proceedings. To the extent permitted by law, all implied terms shall be excluded from this contract. These terms shall be governed and construed in accordance with the laws of the United Arab Emirates and we both irrevocably agree that the of the Dubai International Financial Centre Courts shall have jurisdiction to settle any dispute or claim(including non-contractual disputes or claims) arising out of or in connection with these terms.
10.7. Orders paid and delivered are non-refundable and no return or exchange will be accepted.
10.8. Orders confirmed and not yet delivered, only a credit note will be issued with no possibility of a refund.