Terms of service

 

  1. Who we are and what this document governs

    1. The welaza.com website and the mobile applications associated with it (hereinafter the Platform) are owned and operated by WELAZA GENERAL TRADING L.L.C S.O.C, registered in the Emirate of Dubai, United Arab Emirates, trade licence No. 972475, registered address: Office No. 316, Arenco Real Estate Building 4, Dubai Investment Park 1, postal code 500001, Dubai, UAE (hereinafter Welaza, we, us).

    2. These Terms govern access to and use of the Platform, as well as the manner in which contracts for the sale of goods presented on the Platform are concluded.

    3. By using the Platform, placing an order or creating an account, you confirm that you have read and accept these Terms.

    4. These Terms are to be read together with the following documents, which form an integral part of them:

- the Privacy Policy;

- the Cookie Policy;

- the Returns and Refunds Policy;

- the Delivery Policy;

- the Warranty Policy.

  1. In the event of a conflict between these Terms and any of the documents listed in clause 1.4, the special document prevails in respect of the subject matter which it governs.

  1. Who the seller of the goods is

    1. Goods of two categories are presented on the Platform, and the category determines who your seller is.

    2. Goods sold by Welaza. Welaza acquires such goods from a supplier into its own ownership and sells them in its own name. The seller is Welaza, and the contract of sale is concluded directly between you and Welaza. All provisions of these Terms apply to such goods without the exceptions related to the involvement of third parties.

    3. Goods of third-party sellers. The seller is the third party which has listed the goods on the Platform (hereinafter the Seller). The contract of sale is concluded between you and the Seller. Welaza acts as the disclosed agent of the Seller: it provides for the listing of the goods, receives and processes orders, accepts payment on your behalf in favour of the Seller, and also receives and considers your enquiries, returns and claims.

    4. The page of each product states who the seller is. This information is also shown in the order confirmation and in the invoice. If the product page states that Welaza is the seller, clause 2.2 applies; in all other cases, clause 2.3 applies.

    5. Irrespective of who the seller is, you have the right to bring any claim directly to Welaza. Welaza receives the enquiry, ensures that it is considered and supports you until a result is obtained.

    6. The fact that Welaza acts as the agent of the Seller in the cases provided for in clause 2.3 does not release Welaza from liability towards you. In accordance with Article 40 of UAE Cabinet Decision No. 66 of 2023, Welaza is liable for defects in goods offered through the Platform by third parties.

    7. Payment made by you in favour of Welaza for the goods of a third-party Seller is deemed to be due performance of your monetary obligation to the Seller in full. The Seller is not entitled to require repeated payment from you.

    8. Welaza is not the manufacturer of the goods, unless expressly stated otherwise.

  2. Information about the goods

    1. The product page sets out the information provided for in Article 40 of Decision No. 66 of 2023, in particular:

- the name and details of the manufacturer and, where available, of the importer;

- the composition or a list of the main components;

- the country of origin with the indication “Made in”;

- the date of manufacture and the expiry date, for goods to which this is applicable;

- warnings and restrictions on use;

- the conditions for return and exchange;

- conformity documents and markings, for goods for which these are required.

  1. The seller of the goods, determined in accordance with section 2, is responsible for the completeness and accuracy of this data. For goods sold by Welaza, Welaza bears that responsibility. For the goods of third-party Sellers, the data is provided by the Seller, and Welaza verifies the Seller and the data provided by it before the goods are published; such verification is not a guarantee of the accuracy of each individual statement of the Seller and does not limit the rights provided for in clauses 2.5 and 2.6.

  2. Images of goods are illustrative. The packaging, labelling and appearance may differ, in particular as a result of a change of batch by the manufacturer.

  3. We make reasonable efforts to keep descriptions, prices and the availability of goods up to date, but we do not guarantee the absence of errors. The procedure in the event of an error is set out in clause 5.6.

  1. Goods relating to health and nutrition

    1. Food products, beverages, food supplements, vitamins, sports nutrition and care products are offered as ordinary consumer goods.

    2. The information on the Platform is of a general nature and does not constitute medical advice, a diagnosis or a prescription. It does not replace a consultation with a doctor or a pharmacist.

    3. Before consuming a product, you must yourself review its composition, warnings and contraindications stated on the packaging, in particular where there is an individual intolerance to particular components, during pregnancy and breastfeeding, and where medicinal products are taken at the same time.

    4. Goods in this group are not intended for the diagnosis, treatment or prevention of diseases.

    5. Nothing in this section limits your rights provided for by UAE consumer protection legislation or releases us from liability for defective or unsafe goods.

  2. Orders and formation of the contract

    1. Placing an order constitutes your offer to conclude a contract of sale.

    2. Automatic confirmation of receipt of an order does not constitute acceptance of the offer.

    3. The contract is deemed concluded at the moment when we send you confirmation of dispatch of the goods.

    4. We may reject an order in whole or in part, in particular if:

- the goods are not in stock;

- the price or description was stated with an obvious error;

- we have reasonable grounds to believe that the order is fraudulent;

- the order conflicts with restrictions on quantity, the age of the customer or the delivery territory;

- delivery to the address indicated is not possible.

  1. If an order is rejected after funds have been debited, they are refunded in full in the manner provided for by the Returns and Refunds Policy.

  2. If the price or a material characteristic of the goods was displayed with an obvious error, we notify you before the order is fulfilled and offer you the option of confirming the order on the corrected terms or cancelling it with a refund of the amount paid. We do not use this provision to revise prices for other reasons.

  3. We may set limits on the number of units of goods in a single order.

  1. Prices, payment, invoice

    1. Prices are stated in UAE Dirham (AED) and include VAT, unless stated otherwise.

    2. The cost of delivery, where applicable, is displayed before the order is confirmed.

    3. Payment is accepted by the methods indicated on the Platform at the time the order is placed.

    4. Payments are processed by licensed payment providers. Payment card details are processed by the provider and are not stored by Welaza in full.

    5. We provide an invoice stating the date, the details of the seller of the goods, the name of the goods, the price, the amount of VAT and the total amount and, for goods covered by a warranty, a warranty document.

    6. If a discount is announced on goods within one week after their purchase, we notify you of this, as required by Article 31 of Decision No. 66 of 2023.

  2. Delivery

    1. The procedure, timeframes and cost of delivery are set out in the Delivery Policy.

    2. The risk of accidental loss of and damage to the goods passes to you at the moment the goods are handed over to you or to a person indicated by you. The specific rules on the passing of risk where delivery is carried out by a third-party Seller and where an order is left without personal handover at your instruction are set out in the Delivery Policy.

    3. Delivery timeframes are indicative, unless expressly stated otherwise.

  3. Returns, exchange, refunds

    1. The returns procedure is set out in the Returns and Refunds Policy.

    2. Key timeframes, which apply irrespective of other provisions:

- a defect creating a safety risk must be notified within 24 hours of its discovery;

- other defects, within 7 days of discovery;

- a claim for the return of defective goods may be made within 30 days of discovery of the defect.

  1. Restrictions on the return of particular categories of goods apply only in the cases provided for in Article 34 of Decision No. 66 of 2023, namely where:

- you were notified of the defect before purchase;

- the goods by their nature are not returnable;

- the goods are perishable, save where the deterioration occurred before the moment of purchase.

  1. Nothing in these Terms is to be construed as a general prohibition on the return or exchange of goods.

  1. Account

    1. The creation of an account may be required in order to place an order.

    2. You are obliged to provide accurate data and to keep it up to date.

    3. You are responsible for maintaining the confidentiality of your access data and for actions taken under your account. Unauthorised access must be notified to us immediately.

    4. The Platform is not intended for persons who have not reached the age of full legal capacity under the legislation applicable to them.

    5. We may suspend or close an account in the event of a breach of these Terms, a reasonable suspicion of fraud or abuse of the returns mechanisms. We notify you of any such decision, stating the ground for it, and you have the right to object to it in the manner set out in section 13.

  2. Rules for using the Platform

    1. It is prohibited to:

- use the Platform for unlawful purposes or in breach of applicable legislation;

- post inaccurate, misleading, defamatory or offensive reviews and other materials;

- create orders which you do not intend to pay for or to receive;

- use automated means to collect data from the Platform without our written consent;

- circumvent technical protection measures, disrupt the operation of the Platform or distribute malicious software;

- resell goods purchased on the Platform where this is expressly prohibited by the terms of a particular promotion.

  1. We may remove materials posted by users if they breach clause 10.1.

  1. Reviews and ratings

    1. You have the right to rate the goods and the seller.

    2. We do not alter the content of reviews and do not remove them solely because the rating is negative.

    3. A review may be removed or restricted from display if it:

- contains insults, threats, obscene language or defamatory statements;

- contains the personal data of third parties;

- contains advertising, links to third-party resources or contact details;

- is manifestly unrelated to the goods purchased;

- breaches UAE legislation or is subject to removal on the basis of a request of a competent authority or a court decision.

  1. Any person who considers that a review breaches their rights or the law may contact us at info@welaza.com with a description of the review and the grounds for the request.

  2. We confirm receipt of such a request and notify the outcome of its consideration within 3 business days. If a review is removed, we notify its author of this, stating the ground for removal.

  3. We keep a record of requests concerning reviews and of the actions taken in response to them.

  4. By posting a review, you grant us a non-exclusive, royalty-free right to use it on the Platform and in our communications.

  5. By posting a review, you are responsible for its content. Please note that UAE legislation imposes liability for the dissemination of defamatory and offensive materials, including in electronic form.

  1. Intellectual property

    1. The rights in the Platform, its design, software code, texts, images and trade marks belong to Welaza or its licensors.

    2. You are granted a limited, non-exclusive right to use the Platform for personal, non-commercial purposes.

    3. If you consider that material infringing your intellectual property rights has been posted on the Platform, notify us at info@welaza.com. We will consider the request and, where there are grounds for doing so, will remove the material.

  2. Complaints and dispute resolution

    1. A complaint may be submitted through the feedback form on the Platform (welaza.com/pages/feedback-matters) or to info@welaza.com.

    2. We confirm receipt of a complaint within 3 business days and provide a substantive response within 3 business days.

    3. Irrespective of who the seller of the goods is, you have the right to address your complaint to Welaza.

    4. If you are not satisfied with the outcome, you have the right to apply to the UAE Ministry of Economy or to the relevant department of economic development of the emirate.

    5. These Terms are governed by the law of the United Arab Emirates. Disputes are subject to consideration by the competent courts of the Emirate of Dubai. This provision does not deprive you of the right to protection at your place of residence, where such a right is conferred by mandatory rules of law.

  3. Liability

    1. We are liable for harm caused as a result of a defect in goods purchased through the Platform, and also for the non-performance or improper performance of our obligations under these Terms.

    2. We do not limit or exclude liability for harm to life and health, for intentional acts, for fraud, or in other cases where a limitation of liability is not permitted by law.

    3. To the extent permitted by law, we are not liable for:

- the consequences of your providing inaccurate data for delivery;

- use of the goods contrary to the manufacturer’s instructions;

- the temporary unavailability of the Platform for reasons beyond our control.

  1. We are not liable for non-performance of obligations caused by force majeure circumstances, provided that we have notified you of such circumstances and have taken reasonable measures to mitigate their consequences. The occurrence of such circumstances does not deprive you of the right to a refund of amounts paid for an unfulfilled order.

  1. Changes to the Terms

    1. We may amend these Terms. The new version is published on the Platform, stating the date on which it takes effect.

    2. Amendments do not have retrospective effect and do not apply to orders placed before they take effect.

    3. Amendments which materially worsen your position take effect no earlier than 30 days after publication.

  2. Language

    1. The Terms are published in Arabic and English. In the event of a discrepancy, the Arabic version prevails.

  3. Contacts

WELAZA GENERAL TRADING L.L.C S.O.C

Trade licence No. 972475

Address: Office No. 316, Arenco Real Estate Building 4, Dubai Investment Park 1, postal code 500001, Dubai, UAE

Telephone: +971 52 913 5717

Email: info@welaza.com