INTRODUCTION

These Terms of Sale set out the terms and conditions under which products are delivered to you as a purchaser on https://capitalbays.com (the "Site"). The Site's owner and operator is Shoe Box Trading LLC, a limited liability company registered in the United Arab Emirates ("UAE") under the license number 741399, with its office located at Exchange Tower, Business Bay in the UAE.

 

Before sending your order via the Site, please read these terms and conditions separately, you agree to be immediately bound by these terms and conditions of sale by placing an order on the Site.

 

SUPPLIER. 

We or the local or international seller specified on the Site will sell each product in your order.

 

ORDER APPROVAL

Our acceptance of your order will take place when we notify you of our acceptance in writing (e.g. by email or mobile messaging). If we can not accept your order, we will notify you in writing or by calling and will not charge you for the product.

PAYMENTS.

By placing an order, you authorize us to process your credit / debit card details for the amount of your order, or our third party payment processor. We accept payment through, credit/debit card;

1. via your wallet; or
2. cash on delivery (an amount not exceeding AED 5,000)

 

We may be required to create an account for you with our third-party payment processors in order to authorize credit / debit card payments, 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 will not be liable to you for any resulting damage or loss.

 

We may remove or add cards or other methods of payment that we accept without notice to you at any time.

 

ORDER CANCELLATION. 

You may cancel your order immediately prior to shipping for any reason.

 

OUR CANCELLATION. 

We may cancel your order(s) if:

• You will not pay us when it is due;
• You do not provide us with the information we need to supply the products within a reasonable period; or
• You do not allow us to deliver the products to you or collect them from us within a reasonable period; or
• You're trying to buy bulk or multiple orders

 

Bulk/Multiple Purchasing. 

We reserve the right, at our sole discretion, to reject any orders where we detect bulk purchases or multiple units purchased of similar products.

 

DELIVERY OF YOUR ORDER

Delivery Costs. 

Delivery costs will be as shown on our website and the invoice.

Delivery Date. 

Delivery date will be as shown on our website and the invoice.

Delivery Delays:

If our product delivery is delayed by an event beyond our control, we will contact you as soon as possible to inform you and take steps to minimize the effect of the delay;

If no one is available at your delivery address and the goods can not be posted via your letterbox, we will notify you how to rearrange delivery or collect the goods;

If you do not pick up the product from us as arranged or if you do not rearrange or collect it from the delivery depot after a failed delivery to you, we will contact you for further instructions.

If we are unable to contact you or rearrange delivery or collection despite our reasonable efforts, we will cancel your order.

 

Proof of Identity Required Upon Delivery. 

We may, at our sole discretion, submit any inquiry we consider necessary to verify your identity and/or ownership of your financial instruments by asking you to provide us with additional information or documentation, including, but not limited to, requesting a form of identification and/or credit card. If any information you provide can not be verified or authenticated, we are entitled to refuse delivery and cancel the order.

 

Delivery from Overseas.

Note that if your order requires delivery from overseas, you may be considered the record importer. In such a case, you are required to ensure that you can legally import your ordered products, comply with all laws and regulations, and pay all fees and customs duties relevant to your purchase.

 

Title to Products. 

As soon as we deliver the product to the delivery address and you have paid for the product, a product will be considered your own and your responsibility.

 

Invoice. 

For your purchase, we will issue an electronic Tax Invoice and send that Tax Invoice to the email address you provided us with.

 

RETURNS, REPLACEMENTS & EXCHANGES

Our return / replacement / exchange policy for certain product categories is set out in the table below:

Return, Replacement & Exchange (Reason)	Return, Replacement & Exchange (Possibility)	Return Condition
You received a product that was wrong; you received a product that was not as described on the Site; or you received a product that was damaged.	Yes You must return the product within seven (7) days after receipt of the shipment for refurbished products.	The product is unused and includes all tags in the original unbroken packaging. Open products will be accepted for electronics if they differ from the description or picture shown.
You changed your mind	Only in some conditions. You are entitled to return a product within fifteen (15) days of shipment receipt. You must return the product within seven (7) days after receipt of the shipment for refurbished products.	Fashion. If the product(s) still have the original tags, open packaging accepted. All other Categories. Only original packages that are unbroken, including all accessories.

 

NON-RETURNABLE PRODUCTS. 

You are not entitled to return, replace or exchange products for:

• Products classified as hazardous or using flammable liquids or gases;
• Products that you used or damaged or that are not in the same condition as those you received;
• Any consumer product used or installed;
• Products with serial numbers manipulated or missing; or
• Products falling within specific categories, including food, beverages, household goods, digital books, swimwear, hosiery, underwear, socks, health, contact lenses, hygiene and personal care products and certain baby products (e.g. tethers, diapers, hygiene tissues, feeding related products) music, video and video games.

 

CONTACTING US (ARRANGE A RETURN, REPLACEMENT OR EXCHANGE). 

You can contact us via the website's email, social media or live chat, or by calling our call center at +971.4.5836846 (UAE) or email: support@capitalbays.com

YOUR REFUND:

• We will refund the amount of the product (excluding the amount paid for the original shipping fees) in full for the delivered products, plus the cost of return:
• Where the products are defective or not as described on our website;
• If you are returning due to an error on our side, such as a price or description error, delay in delivery, etc.
• In all other circumstances, we will reimburse the amount of the product (excluding the amount paid for the original shipping charges) and you may pay the return shipping costs.

 

You will receive full refund for products not delivered if you cancel the order pursuant to above clause.

 

REFUND PROCEDURE. 

Depending on the payment method you used, we will issue a refund to you as follows: 

if you paid by cash on delivery, we will issue a refund to your wallet; or

You can choose to have a credit / debit card or wallet refund if you pay by credit / debit card.

 

REFUND TIMESCALE.

Once your product is received back at our customer satisfaction center and inspected by our team, your refund will be initiated, and you will receive the final refund as follows:

If your credit / debit card is refunded within thirty (30) days of receiving the product back to our customer satisfaction center;

If your refund is to your wallet, you will receive the refund immediately after our customer satisfaction center receives your product and our team inspects it;

If you cancel your order before shipping, you will receive an automatic refund.

 

DEFECT OR DAMAGE TO YOUR PRODUCT

Warranty. 

For certain purchased products, a twelve (12) month warranty against defects that occur after purchase will be provided. For selected refurbished products, a three (3) month warranty (maximum) will apply. The warranty does not apply to cases other than material, design and manufacturing defects.

Warranty obligations are limited to repairing the defective product or replacing the defective part or replacing or refunding the product itself in accordance with the market price (such a decision at the discretion of the product seller). The warranty does not cover all products, always check the product listing to see if it includes warranty benefits.

Authorized Service Centers. 

Warranty repairs will be performed by authorized service centers on selected products and in cases where we are considered the seller. Warranty repairs will be performed by authorized service centers on selected products and in cases where we are considered the seller.

Product Category	Product Types	Max. Repair Time	Max. Number of Repairs before Replacement/Refund	Action if Repair Not Possible/ Max. Number of Repairs Completed
Electronics	Mobiles	8 days from reception in our repair Centre	2	Replacement if available, otherwise refund
	Laptops / Tablets	8 days from reception in our repair Centre	2	Replacement if available, otherwise refund
	Cameras	8 days from reception in our repair Centre	2	Replacement if available, otherwise refund
	Audio/Video	15 days from reception in our repair Centre	2	Replacement if available, otherwise refund
	Appliances	15 days from reception in our repair Centre	2	Replacement if available, otherwise refund
	Electronic Accessories	15 days from reception in our repair Centre	2	Replacement if available, otherwise refund
	Video Games (Consoles)	8 days from reception in our repair Centre	2	Replacement if available, otherwise refund
Fashion	Watches	8 days from reception in our repair Centre	2	Replacement if available, otherwise refund
Toys, Kids & Baby	Baby Gear	15 days from reception in our repair Centre	2	Replacement if available, otherwise refund
	Toys	8 days from reception in our repair Centre	2	Replacement if available, otherwise refund
Sports & Outdoors Fitness Equipment		15 days from reception in our repair Centre	2	Replacement if available, otherwise refund
Health & Beauty Electric Personal Care		15 days from reception in our repair Centre	2	Replacement if available, otherwise refund

Warranty Period. 

Repair or replacement does not provide the right to extend or renew the warranty period under the terms of this warranty. Warranty terms are in line with the manufacturer of your device. For more details on your device's specific warranty terms, please visit your product's support page.

 

Warranty Not Applicable. 

The warranty does not apply in the following circumstances:

• Where a repair has been attempted by any service center not authorized by the product vendor ; physical damage, i.e. product showing clear signs of damage such as broken screens, heavy dents, bent products, which may prevent the product from functioning properly ; liquid damage, i.e. any situation involving the submersion or splashing of an electronic device into any liquid or water indicator (if any)
• Alteration or modification of the original software (e.g. ' root ' for Android devices or ' jailbreak ' for Apple devices);
• If non-original accessories have been used with your purchased product;
• If the serial number of the product is removed;
• for maintenance and periodic checks of purchased products;
• for replacement of consumables (e.g. batteries, light bulbs, fuses, headphones or printer ink);
• where there has been abuse or misuse of the product e.g. by not using it for its intended purpose or not in accordance with manufacturer’s instructions on usage and maintenance;
• where there has been damage of a product’s battery caused by overcharging, failure to use in accordance with the specific instructions of core outlined in product user manual or where charged by chargers other than those approved by manufacturer; and
• if any of the seals on the battery enclosure or cells are broken or show evidence of tampering.

 

Warranty Claim. 

You may contact us through email, social media or live chat on the Site, or by calling our call center on +971.4.5836846 (UAE) or email : support@capitalbays.com

 

WARRANTIES, REPRESENTATIONS & UNDERTAKINGS

You warrant, represent and undertake that: 

• you shall fully comply and will always continue to fully comply with all applicable laws, statutes and regulations, including, without limitation, all privacy laws and content regulation;
• you have full power and authority to enter these Terms of Sale, and make payment in accordance with these Terms of Sale; and
• if you purchase a product on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms of Sale.

Subject to above clause, 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 merchantability, fitness for a particular or general purpose, non-infringement, compatibility or whether 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.

 

LIABILITY

Nothing in these Terms of Sale shall restrict or exclude the liability of a party:

• for fraud, including fraudulent misrepresentation, perpetrated by that party;
• for death or personal injury caused by the negligence of that party; or
• for any other liability that cannot be limited or excluded under applicable law.

Subject to above clause, in no event will we, our parent company, subsidiaries and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors or licensors 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, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.

 

In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:

• supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it or making payment as required;
• damages that may result from the unauthorized repair of the product;
• loss of any saved/stored data in products that are either repaired or replaced;
• reliance by you on the content or other information provided on the Site with respect to the product you order;
• your use of or your inability to use the ordered product;
• delays or disruptions to our Site or our services;
• viruses or other malicious software obtained from the use of the ordered product;
• damage to your hardware device from the use of your ordered product; or
• your loss of or inability to do business or similar as a result of our inability to deliver the product to you.

 

Subject to Liability clause, if warranty and liability clauses are held to be unenforceable or inapplicable for any reason, then the total liability (including legal fees) applicable to us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors, 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, a) the price the product sold for on our Site and its original and return shipping costs; or b) AED 300.

 

You agree to indemnify and hold us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors harmless from and against any losses, damages and expenses (including legal fees and attorney’s fees) arising out of or relating to:

• any claims or demands made by any third party due to or arising out of your use of the Site and our services;
• your violation of any of provisions of these Terms of Sale, including, without limitation, any of the warranties, representations and undertakings; or
• your violation of any applicable laws.

 

GENERAL

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.

 

Dispute Resolution: If you are not satisfied with any products that you have purchased using our Site, you should contact us through email, social media or live chat on the Site, or by calling our call Centre on +971.4.5836846 (UAE) or email : support@capitalbays.com

If you are unable to resolve your issue within forty-five (45) days of notifying the seller of your issue, any disputes or claims arising out of or in connection with these Terms of Sale, including any non-contractual rights or obligations arising out of or in connection with these Terms of Sale shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC – LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Dubai International Financial Centre. The language to be used in the arbitration shall be English.

 

Third Party Rights. A person who is not a party to these Terms of Sale has no right to enforce any of its term.

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 always remain independent parties contracting for services.

 

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.

 

Assignment. These Terms of Sale will be binding upon and ensure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Sale or any of your rights or obligations under these Terms of Sale, whether directly or indirectly, without first obtaining our prior written consent, such consent not to be unreasonably withheld.

 

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.

 

Amendment. These Terms of Sale cannot be modified, varied, amended or supplemented in any way by you. 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.

 

Severability. 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.

 

Force Majeure. Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party 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).

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.

 

Survival. All provisions that either expressly or by their nature survive, will survive suspension or termination of your membership of the Site.

 

SELLING POLICIES FOR SELLERS:

 

You must follow the following policies when listing products on CapitalBays.com. Your account will be suspended if you breach the Terms and Conditions of the Seller and list content or products fall within the Prohibited Product List.

 

Below is a quick description of the key terms applicable to all our sellers. In the entire Seller Terms and Conditions there are important details, so you should read it.

 

CapitalBays IPR Policy.

We take seriously any infringement of intellectual property rights. We are committed to removing the listing and sale of products or materials that violate the Intellectual Property Right (IPR) of someone else. We may also inform IPR owners, consumer affairs department and other law enforcement authorities about your activities and details.

 

Counterfeits or Refurbished Products.

Consumer trust is very important to us. It is a criminal offence to try to financially gain by using IPR without the owner’s permission. CapitalBays will remove your listing if we suspect your products are not genuine. CapitalBays vigorously pursues sellers who sell counterfeit products. We work with Federal and local law enforcement officials to try to stop the sale of counterfeit products.

 

Cancellation of Orders.

You cannot delay a confirmed purchase order or cancellation of a confirmed order. Any cancellation of a confirmed order will be subject to penalty both by us and consumer affairs departments.

 

Misleading Product Information and Advertisement.

It is your duty not to place any wrong information about your products, your identity or a brand on the Site. Your advertisement must not be misleading. This means that you will not engage in any unfair trade practices, which is a criminal offence that would also involve damages.

 

Product Safety. Product Safety is our top priority. It is also the foundation of customer trust. Ensuring the safety of your products must be an important criterion for selling on Capital Bays. You will remain always responsible for products or any features that harm or threatens to harm individuals, and or properties.

 

Your Content. You are solely responsible for all text, documents or other content or information uploaded, entered or otherwise transmitted by you in connection with your use of the Site. The website Terms and Conditions for use contain detailed information on content that are not prohibited on the site.

 

Your Release. You remain always responsible for all and any dispute with an end user or a third party. You will release Capital Bays and each of our affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry or other proceedings instituted by a third party, entity or a government agency, that arises out of or relates to your conduct, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide.

 

Claims.

Whilst Seller terms contain detailed provisions for breaches or claims, we would like to highlight that we will withhold all payments to you and recover additional amount of AED50,000 (fifty thousand United Arab Emirates Dirhams) as an immediate first step for breach of above terms and Seller Terms. Depending on the nature of a claim, we will ask you to compensate customers and do all other necessary remedial actions without prejudice to our rights and remedies.

 

Questions? We are always happy to help with questions you might have! Check out our FAQs or contact CapitalBays.com for any questions in respect to Site Terms.

 

 

 

 

Chief Executive

Capitalbays.com (A Project of)

MKM Investments FZE

Head Office

Suit No. 1202, Exchange Tower, Business Bay, Dubai – United Arab Emirates

Tel +971.4.5836846    Mobile +971.5.666.50.999

Email: info@capitalbays.com, support@capitalbays.com