DUCON ODL Conditions of Use & Sale

Last updated on MAY 2020

 

Welcome to DUCON OUTDOOR LIVING (DUCON ODL)

 

DUCON ODL provides a range of products when you visit our showroom or shop online at www.duconodl.com (the "Website"), whose contents/merchandise on sale are thereby collectively referred to as "DUCON ODL Products". It is prudent to note that DUCON ODL provides the DUCON ODL Products and sells them subject to the conditions set out on this page. DUCON ODL is a trading name for the Outdoor Living arm of DUCON Industries FZCO Dubai. This document is divided into two sections namely:

 

 

  1. Conditions of Use

Please read these conditions carefully before using DUCON ODL Products. By getting DUCON ODL Products, you signify your agreement to be bound by these conditions. We offer a wide range of merchandise, and sometimes additional terms may apply. When you purchase a DUCON ODL Product, you will become subject to the terms, guidelines, and conditions applicable to that DUCON ODL (see "Service Terms").

 

  1. ELECTRONIC COMMUNICATIONS

When you use any DUCON ODL Service or send e-mails to us, you are communicating the company electronically. We will communicate with you likewise in a variety of ways, such as by e-mail, text, in-app push notices or our corporate Message Center. For contractual purposes, you will agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirements, and that such communications will be in writing, unless mandatory applicable laws specifically require a different form of communication to be made.

 

  1. RECOMMENDATIONS AND PERSONALIZATION

As part of the DUCON ODL customer interaction, we may recommend features, and products that might be of interest to you, identify your preferences, and personalize your user-experience.

 

  1. COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS

All content included in or made available through the DUCON ODL website, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of DUCON ODL or its suppliers and is protected by local and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through www.duconind.com is the exclusive property of DUCON ODL and is protected by local and international copyright and database right laws.

 

You may not extract and/or re-utilize parts of the content of the DUCON ODL website without our express written consent. You may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the content of any DUCON ODL Products, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any DUCON ODL Service (e.g. our prices and product listings) without our express written consent.

 

 

  1. TRADEMARKS

DUCON Industry's trademarks may not be used in connection with any product or service that is not DUCON ODL's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits DUCON ODL. All other trademarks not owned by DUCON ODL that appear with any DUCON ODL Product/Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DUCON ODL.

 

 

  1. LICENCE AND ACCESS

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by DUCON ODL or its licensors, suppliers, rights holders, or other service providers. No DUCON ODL products, nor any part of any DUCON ODL services may be reproduced, copied, sold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DUCON ODL without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the DUCON ODL's trademark without our express written consent.

 

You may not misuse the DUCON ODL Products. You may use the DUCON ODL Products only as permitted by law. The licenses granted by DUCON ODL terminate if you do not comply with these Conditions of Use or any Service Terms.

 

  1. YOUR ACCOUNT

For selected partners such as dealers, you may need your own DUCON Industries account to access certain DUCON ODL Products, and you may be required to be logged into the account and have a valid payment method associated with it.

If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Click to manage your payment options.

If you use any DUCON ODL Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password.

You must not use any DUCON ODL Service:

(i) in any way that causes, or is likely to cause, any DUCON ODL Product, or any access to it to be interrupted, damaged or impaired in any way, or

(ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or

(iii) to cause annoyance, inconvenience, or anxiety.

We reserve the right to refuse service, terminate contracts and seek legal intervention if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines, or policies.

 

  1. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

On any DUCON ODL - related online platforms, you may post reviews, comments, submit suggestions, ideas, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right to remove or edit such content. If you believe that any product on or advertised for sale on www.duconodl.com contains a defamatory statement, or that your intellectual property rights are being infringed by an item, please notify us by sending a query on the details listed on the website and we will respond.

 

If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the Website (including any images, video or audio, all together "content", you grant DUCON ODL a non-exclusive, royalty-free, perpetual, and irrevocable, right to use, reproduce, modify, adapt, publish, perform, create derivative works from, distribute, make available, translate, and modify such content on any media platform anywhere.

 

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; and that use of the content you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify DUCON ODL for all claims brought by a third party against DUCON ODL arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us. DUCON ODL has the right but not the obligation to monitor and edit or remove any activity or content. DUCON ODL takes no responsibility and assumes no liability for any content posted by you or any third party.

 

 

  1. INTELLECTUAL PROPERTY CLAIMS

DUCON ODL respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, you have the right to seek relevant redress by contacting us on the details listed at the end of this document.

 

 

  1. SANCTIONS AND EXPORT/IMPORT POLICY

 

You may not use any DUCON ODL Products if you are the subject of UAE government restrictions. You must comply with all U.A.E laws or other export and re-export restrictions that may apply to various good and services (including DUCON ODL Products). Nothing in these Conditions of Use shall, or shall be interpreted or construed to, induce or require DUCON ODL or you to act in any manner (including taking or failing to take any actions in connection with a transaction) which is inconsistent with or penalized under any applicable UAE and International laws, regulations, rules, or requirements.

 

  1. DUCON ODL'S ROLE

 

DUCON ODL sells its own line of products together with others sourced from third parties.

 

  1. OUR LIABILITY

 

We will do our utmost to ensure that availability of the DUCON ODL Products will be uninterrupted and that transmissions will be error-free. Your access to DUCON ODL Products may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or products. We will attempt to limit the frequency and duration of any such suspensions or restriction.

DUCON ODL will not be responsible for:

(i) losses that were not caused by any breach on our part, or

(ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, 

    goodwill or wasted expenditure), or

(iii) any indirect or consequential losses that were not foreseeable to both you and us when you 

    commenced using the DUCON ODL Products.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any factor which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or products provided within a reasonable time or to receive a refund if goods or products ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

 

  1. APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of the United Arab Emirates. Any products sold or distributed by DUCON ODL or through the DUCON ODL website, or the existence, validity, interpretation, performance, breach or termination and/or any dispute relating to any non-contractual obligations arising out of or in connection with them (for the purpose of this section, a “Dispute”) qualifies for determination through the competent public  open court system.

 

 

  1. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE

We reserve the right to make changes to any DUCON ODL Products, policies, terms, and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies, and Conditions of Use in force at the time that you use the DUCON ODL Products. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition(s).

 

  1. WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

 

 

  1. CHILDREN

It is our policy that we do not associate our operations with any business that makes use of child labour. Also, we do not sell products for purchase by children.

 

  1. OUR CONTACT DETAILS

This Website is owned and maintained by DUCON ODL. Our contact details are:

DUCON ODL Showroom 

Office 1, Alfa Offices.   

Beside Al Shabaka Restaurant,

Opp Road to Belhasa Driving Center,

Nad Al Hamar, Ras Al Khor, Dubai.

United Arab Emirates

https://www.duconodl.com

 

DUCON Main Office

Ducon Industries FZCO

National Industries Park

P.O Box 262394

TP 010225, Dubai

United Arab Emirates

 

 

  1. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS

If you believe your rights have been being infringed upon, you may contact us in written form on the details listed on this Privacy Statement. Upon receipt of any written query, we may take certain actions, including removing information or an item, all of which is taken without any admission as to liability and without prejudice to any rights, remedies, or defences. Furthermore, in submitting a complaint, you grant to DUCON ODL the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the complaint to the parties involved in the provision of the allegedly infringing content. You agree to indemnify DUCON ODL for all claims brought by a third party against DUCON ODL arising out of or in connection with the submission of a complaint notice.

 

 

  1. Conditions of Sale

These Conditions of Sale govern the sale of products by DUCON ODL. We offer a wide range of DUCON ODL Products, and sometimes additional terms may apply. When you use a DUCON ODL Product, you will be subject to the terms, guidelines, and conditions applicable ("Service Terms"). If these Conditions of Sale are inconsistent with the Service Terms, those Service Terms will control.

Please read these conditions carefully before placing an order with DUCON ODL, by placing an order with DUCON ODL, you signify your agreement to be bound by these conditions.

 

 

  1. OUR CONTRACT

Your order is an offer to DUCON ODL to buy the product(s) in your order. When you place an order to purchase a product from DUCON ODL, we will send you confirmation of your order containing the details of your request (the "Order Receipt Confirmation E-mail"). The Order Receipt Confirmation E-mail/message is an acknowledgement that we have received your order and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer and conclude the contract of sale for a product ordered by you, when we deliver the product to you and send an e-mail or hard copy confirmation to you that we've delivered the product to you. Both you and DUCON ODL can cancel your order for a product at no cost any time before we send the Delivery Confirmation E-mail/ hard copy relating to that product. Your right to cancel does not apply to certain categories of products.

 

  1. RETURNS, REFUNDS AND TITLE

DUCON ODL does not take title to returned items until the item arrives at our premises in Dubai, Jebel Ali. Any refund or replacement decision is sorely at DUCON ODL’s discretion. 

 

  1. WARRANTY

DUCON ODL provides a warranty cover that is commensurate with a product chosen. For more details on the warranty you may get, visit the warranty section of product on www.duconind.com

 

  1. PRICING AND AVAILABILITY

All prices shall be inclusive of legally applicable UAE Value Added Tax.

 

We list availability information for products we sell on the Website including on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability for certain products sourced from third parties.

As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and will refund you if you have been charged for those products.

 

  1. PRODUCT INFORMATION

Unless expressly indicated otherwise, DUCON ODL may not be the manufacturer of some of the products sold on this Website. While we work to ensure that product information on our Website is correct, actual products may slightly differ to those displayed (for instance color depth). All information about the products on our Website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our Website. Please always read labels, warnings and directions provided with the product before use. DUCON ODL accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties.

 

  1. CUSTOMS

When ordering products from DUCON ODL for delivery outside of the UAE, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from DUCON ODL, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

 

  1. OUR LIABILITY

DUCON ODL and its Affiliates will not be responsible for

(i) losses that were not caused by any breach on our part, or

(ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or

(iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any reason which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are shipped, you may cancel your order at any time prior to shipping.

 

 

  1. APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of the Jebel Ali Free Zone Area (JAFZA). If any dispute, claim, difference or controversy arising out of, relating to or having any connection with these conditions, including as it may relate in any way to your use of any DUCON ODL Products or through www.duconind.com, or the existence, validity, interpretation, performance, breach or termination and/or any dispute relating our services then you can either contact our offices for rectification or follow the Dispute Small Claims Tribunal of the DIFC Courts and the DIFC-LCIA Arbitration Centre which all companies based in the JAFZA subscribe to.

 

  1. AMENDMENTS TO THE CONDITIONS OF SALE

We reserve the right to make changes to our Website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

 

  1. WAIVER

If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.

 

  1. CHILDREN

It is our policy that we do not associate our operations with any business that makes use of child labour. Also, we do not sell products for purchase by children.

 

  1. OUR CONTACT DETAILS

Our contact details are:

DUCON ODL Showroom

Office 1, Alfa Offices. 

Beside Al Shabaka Restaurant,

Opp Road to Belhasa Driving Center,

Nad Al Hamar, Ras Al Khor, Dubai.

United Arab Emirates

https://www.duconodl.com

 

DUCON Main Office

Ducon Industries FZCO

National Industries Park

P.O Box 262394

TP 010225, Dubai

United Arab Emirates