Terms & Conditions of Sale
While sounding a bit formal, the following terms and conditions of sale are set down by SHUKR to prevent any possible sources of misunderstanding.
Formation of the Contract
1. The offer in this sale occurs when the buyer fills in the form and submits it to SHUKR.
2. Acceptance of this offer occurs when SHUKR charges the buyer’s credit card or, if payment is made via PayPal, SHUKR charges the buyer’s PayPal account.
Payment
3. Credit cards will be charged at the time of shipping
Cancellation of the Contract
4. The buyer has the right to cancel the sale prior to the goods being shipped.
5. If the goods have already been shipped the buyer no longer has the right to cancel the sale.
Returns
6. Goods cannot be returned, exchanged, or refunded.
Ownership
7. The goods enter into the ownership of the buyer when the customer’s credit card is charged.
8. SHUKR is responsible for ensuring that all goods are fit for their purpose and are free from any fundamental defect prior to shipping the goods to the buyer.
Conformity of the goods
9. SHUKR will deliver goods which are of the quantity, quality, and description, as stated at the time of purchase.
10. The buyer should examine the goods immediately upon receipt to check that the goods conform to the invoice.
11. The buyer should notify SHUKR if any lack of conformity exists within 3 days of receipt of the goods.
12. If the goods do not conform to the invoice in a fundamental way, SHUKR will either replace those products which do not conform or refund the cost of those items. The choice of refunding or replacing the items will be made by SHUKR.
13. If the buyer does not notify SHUKR within 3 days of receipt of goods, the buyer loses the right to rely on a lack of conformity and SHUKR will not replace such goods.
14. Those goods which do not conform to the invoice, and as such have been substituted, are the property of SHUKR and the buyer will make all necessary arrangements in order to ensure that the products are returned to SHUKR. The expense of this return will be borne by SHUKR.
Definition of “fundamental”
A breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract, unless the party in breach did not foresee and a reasonable person of the same kind in the same circumstances would not have foreseen such a result.
