TERMS AND CONDITIONS
This website is operated by www.ummahsouq.com (referred to below as we, us or our). Your use of our website and/or any other services that we provide in connection with our website (collectively Site) is governed by these terms and conditions (Terms).
By using our Site you are deemed to have read and agreed to these Terms. If you do not agree to these Terms, you must cease accessing and using our Site immediately.
By purchasing items or offering items for sale on the UmmahSouq marketplace you are bound by the following terms and conditions.
General
UmmahSouq marketplace provides the UmmahSouq marketplace and services so that you can buy and sell items with other UmmahSouq customers. UmmahSouq is not a party to these transactions, and cannot be held liable in any way for the quality or condition of items, delivery times or warranties.
The UmmahSouq marketplace is for sellers and buyers only. Businesses are permitted to buy and sell items on the marketplace. It is at UmmahSouq sole discretion to determine what constitutes business use.
You can be a citizen of any country to use the UmmahSouq marketplace.
UmmahSouq is not liable to you or any other person for anything in connection with any aspect of the UmmahSouq marketplace or your use of it. In particular, UmmahSouq is not liable to you or any other person on any basis for any loss or damage caused to you directly or indirectly by use of the UmmahSouq marketplace.
UmmahSouq has no knowledge and makes no representations or warranties about any aspect of any item, listing or seller on the UmmahSouq marketplace.
You use the UmmahSouq marketplace entirely at your risk. UmmahSouq takes no responsibility for any system unavailability or for any loss or damage that is incurred as a result of the UmmahSouq marketplace or UmmahSouq web site being unavailable. Further, UmmahSouq assumes no responsibility for the corruption of any data or information held by UmmahSouq
UmmahSouq provides no warranty or guarantee for the accuracy of information provided by UmmahSouq customers or sellers.
Customers using the UmmahSouq marketplace are solely responsible for the content of their listings.
Account information
You agree to keep your membership information, including email address, residential address, and telephone number, current at all times.
You agree not to allow any other person to use the UmmahSouq marketplace using your account and Member Name.
You may not include or provide your membership details (including your email residential address, phone number, commission details or other method of contact) on your profile, your listings, and your feedback.
If you are under the age of 18 you are not permitted to buy or sell on the UmmahSouq marketplace.
Selling
If you offer items for sale on the UmmahSouq marketplace you agree that:
All prices stated as required on the marketplace and include VAT if applicable;
You are legally entitled to sell the items you are offering for sale;
Your item description is accurate and complete, and includes all relevant information about terms of sale including shipping and payment information;
The item you are selling matches exactly the product listed on UmmahSouq;
Your item description is not inaccurate, misleading or fraudulent;
Your item description or item for sale does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
You are in physical possession of the item that you are selling;
Your item descriptions will not include references to other web sites where similar items are offered for sale, or contact details are provided for a seller of similar items;
You will ship the item using the delivery method specified to the buyer;
You will ship the item within the time specified to the seller in the product listing and description.
You will comply with the UmmahSouq Disputes Resolution process;
The sale of your items are subject to a commission agreed between us and you; and That payment for your items will be made by way of credit to your UmmahSouq account which may be refunded in full to a valid bank account details.
Buying
When buying an item on the UmmahSouq marketplace you agree that:
By buying an item, you warrant that you have the legal right to enter into and complete the transaction;
Your "Buy Now” is an irrevocable offer to buy the item;
You will inform UmmahSouq within 3 days after receiving a "shipped” notification if you have not received the item; and
You agree to UmmahSouq Disputes Resolution process.
Feedback
When placing feedback you agree that you will not place feedback that:
Violates any UK law;
Contains another member’s contact information; or
Contains insults, profanity, vulgarity, hate speech, disruptive, or hostile comments, or threats of violence.
Fees
UmmahSouq charges fees for the use of the UmmahSouq marketplace as a venue.
Success fees are charged if an item successfully sells and are only refundable if the buyer cancels their order.
Fees are deducted from your UmmahSouq account.
Refunds will be credited to your UmmahSouq account.
Disputes Resolution
If the buyer fails to receive an item purchased from a seller on the UmmahSouq marketplace a dispute will be opened and will be resolved as following:
Resolution will be in the buyer’s favour if the following conditions are met:
The Buyer selected delivery by Tracked Courier; and
The Buyer provided a valid delivery address; and
The Seller is unable to provide a valid "track and trace” that shows an attempted delivery to the buyer’s delivery address.
A resolution in the buyer’s favour will result in a full refund to the buyer’s favour account. Payment for the item will not be made to the seller.
Resolution will be in the seller’s favour if the following conditions are met:
The Buyer did not select delivery by Tracked Courier; or
The Seller delivered using Tracked Courier and can provide a valid "track and trace” that shows delivery to the buyer’s delivery address.
A resolution in the seller’s favour will result in payment for the item (minus commission) to the seller’s UmmahSouq account. The buyer will not receive a refund.
Neither the seller nor UmmahSouq is responsible for an item once it has been delivered to the buyer’s delivery address.
All dispute resolutions are at the sole discretion of UmmahSouq and all decisions are final.
Non-compliance
If you do not comply with these Terms and Conditions, UmmahSouq may, without notice or warning, limit your activities on the UmmahSouq web site by removing your listings, issuing you a warning or suspending or terminating your membership.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, UmmahSouq has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against UmmahSouq officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect UmmahSouq officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as UmmahSouq.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify UmmahSouq and undertake to keep UmmahSouq indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by UmmahSouq to a third party in settlement of a claim or dispute on the advice of UmmahSouq legal advisers incurred or suffered by UmmahSouq arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to UmmahSouq other rights under these terms and conditions, if you breach these terms and conditions in any way, UmmahSouq may take such action as UmmahSouq deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
UmmahSouq may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
UmmahSouq may transfer, sub-contract or otherwise deal with UmmahSouq rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and UmmahSouq in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the governing law of the United States, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the English courts.
