TERMS OF SALE
1. Overview
Welcome to Ayshei
These Terms of Sale (“Terms of Sale”), together with the documents and policies incorporated and referenced in these Terms, including the Terms of Use and Privacy Policy , shall constitute an agreement (“Agreement”) between You (“You, Your, Yourself”), and Ayshei Portal LLC along with its affiliates, successors, and assigns ("Ayshei, We, Us, or Our”).
By visiting Our Website (“Site”), Our mobile and web application (“App”), and any application or technology We make available (collectively referred to as the “Platform”), using any Service offered on the Platform, or otherwise accessing Our Platform, You indicate that You accept these Terms and that You agree to abide by them.
If You do not agree to these Terms, please do not access Our Platform. You should read this Agreement carefully before starting to use the Platform.
We reserve the right to update, change or replace any part of the Terms by posting updates and/or changes to the Platform. It is Your responsibility to check the Terms periodically for changes. By continuing to access or use the Platform after any modifications have been posted, You agree to be bound by the revised Terms. If you do not agree to the new terms, please discontinue Your use of the Platform.
The Terms of Sale should be read in conjunction with Ayshei’s Terms of Use and Privacy Policy. Defined terms used in these Terms of Sale shall have the same meaning ascribed to them in the Terms of Use and Privacy Policy, unless expressly otherwise provided for.
When You agree to these Terms and accept this Agreement, You do so on behalf of Yourself and any person that You entitle or authorize to use Your Ayshei’s account to the extent provided in these Terms. You are responsible for obtaining all consents and authorizations needed to accept this Agreement for others.
2. What We offer
Ayshei connects Buyers and Sellers by acting as a Disclosed Agent between them. We allow Sellers to showcase a wide range of Products and Services, including electronics, motors, properties, home & garden, lifestyle, entertainment, art & collectibles, business & industrial, jobs, and services. Our Peer-to-Peer and Business-to-Client model makes it easy to connect with other Users and find the Products or Services You need.
We may, from time to time, update Our Platform or introduce new applications, tools, features, or functionalities on the Platform, which may require Your agreement to additional terms and transaction fees to use. We reserve the right, at Our sole discretion, to discontinue the Services, the Platform, or any part of it, including certain applications, tools, features, or functionalities, for any reason and without any liability to You or any other party.
Ayshei does not warrant that product descriptions, titles, attributes, specifications, price, other content, or any other information related to the Product(s) are accurate, complete, reliable, current, or error-free.
3. Buying and Selling
3.1. Selling practices
Setting clear Buyer expectations and then meeting or exceeding them is a great way to make your Buyer happy and ensure a smooth transaction.
To ensure a satisfactory buying experience, it is imperative that Sellers provide precise and consistent information regarding their products, along with unambiguous and detailed terms and conditions of the sale. In addition, the Seller is expected to make every effort to offer excellent customer service, right from the beginning of the transaction to the final delivery of the product, by promptly responding to customer queries and addressing any concerns or issues that may arise. This includes:
a. Charging reasonable shipping and handling costs;
b. Specifying your handling time and return policy in your listing;
c. Responding to 'Buyers' questions promptly;
d. Being professional throughout the transaction;
e. Making sure the item is delivered to the Buyer as described in your listing; and
f. Frequently reviewing and updating listings to make sure all information – such as inventory status and item condition – is accurate and up to date.
As a Seller, make sure you follow these guidelines. If you don't, you may be subject to a range of actions. We may limit, restrict, or suspend you from buying, selling, or using site features. All of your listings may be removed, displayed lower, or not shown in search results, without refunding any or all applicable fees. You may also forfeit special account status and any discounts. You may be subject to the application of fees and recovery of our expenses in policy monitoring and enforcement.
3.2. Listing policy
When listing an item for sale on through our Platform, you agree to comply with Ayshei's Listing policies and Selling practices and also agree that:
a. You assume full responsibility for the item offered and the accuracy and content of the listing;
b. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Ayshei can't guarantee the exact listing duration;
c. Your fixed-price listings may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell, or the listing is ended by you or Ayshei, in its sole discretion;
d. The content you provide complies with all of our listing policies.
e. Content that violates any of Ayshei's policies may be modified, obfuscated, or deleted at Ayshei's sole discretion
f. We may revise product data associated with listings to supplement, remove, or correct information
g. We strive to create a marketplace where Buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
• Buyer's location, search query, browsing site, and history;
• item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
• Seller's history, including listing practices, Detailed Seller Ratings. Our policy compliance, feedback, and defect rate; and
• number of listings matching the Buyer's query
h. To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the Buyer,
i. Some advanced listing upgrades will only be visible on some of our Services,
j. Ayshei's Duplicate listings policy may also affect whether your listing appears in search results,
k. Metatags and URL links that are included in a listing may be removed or altered,
l. We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and/or current listings; results may vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other Sellers,
m. For items listed in certain categories, subject to certain programs, and/or offered or sold at certain price points, Ayshei may require the use of certain payment methods, subject to our Payments methods policy. For example, for inventory covered by authentication or storage services, Buyers and Sellers may be subject to escrow and/or payment handling requirements,
n. You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency. Ayshei has no responsibility or liability for the safety or performance of any product that you list or sell using our Services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of any product you list or sell using our Services,
o. Selling fees do not purchase exclusive rights to item exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, including listings, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, Sellers.
3.3. Purchase conditions
When buying an item using our Platform, You agree that:
a. You are responsible for reading the full item listing before making a bid or offer, buying, or committing to buy,
b. You enter into a legally binding contract to purchase an item when you buy the item, commit to buying the item, Your offer for the item is accepted, You have the winning bid for the item, or Your bid for the item is otherwise accepted, regardless of when payment is due or received,
c. For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a Buyer's serious expression of interest in buying the Seller's item and does not create a formal contract between the Buyer and the Seller,
d. We do not transfer legal ownership of items from the Seller to you,
e. Our acceptance of Your purchase will take place when We notify You of Our acceptance in writing (e.g. by email or mobile messaging). If We are unable to accept Your purchase, We will inform You of this in writing or through a call and we will not charge You for the Service.
3.4. Prohibited items and conduct
a. The following items are strictly prohibited on our Platform and may not be listed or sold: illegal items, stolen goods, counterfeit or replica items, firearms, ammunition, explosives, hazardous materials, illegal drugs, drug paraphernalia, and any other item that violates applicable laws and regulations.
b. Sellers must comply with all applicable laws and regulations when selling their products, and must ensure that their listings and conduct on our Platform are lawful and ethical.
c. Buyers must also comply with all applicable laws and regulations when purchasing products on our Platform, and must ensure that their conduct is lawful and ethical.
d. Any conduct that is deemed to be fraudulent, deceptive, or harmful to our Platform or community is strictly prohibited. This includes, but is not limited to, creating fake accounts, posting false or misleading information, engaging in spamming or phishing activities, and attempting to interfere with the Platform's security or functionality.
e. We reserve the right to remove any listings or user accounts that violate these terms of sale or our community guidelines. We also reserve the right to report any prohibited conduct to the relevant authorities.
f. By using our Platform, all Sellers and Buyers agree to indemnify and hold us harmless from any and all claims, damages, losses, and expenses arising from their use of the Platform or any violation of these terms of sale or our community guidelines.
4. Payments
4.1. For Buyers
We offer different payment options to accommodate our 'Buyers' preferences, including (a) credit/debit card, (b) crypto wallet, and (c) cash on delivery in certain specific cases. Please note that cash on delivery is subject to the request of the Buyer and approval by the Logistics Company. When utilizing the Platform and supplying Your credit or debit card details, You grant Us authorization to automatically charge You the applicable Service Fees in United Arab Emirates Dirhams (“AED”) or Cryptocurrency for Your use of the Services.
Upon purchasing a Service that incurs a fee, You will be provided with the opportunity to review and accept the applicable Service Fees. Please note that Service Fees are subject to occasional changes, which will be reflected on the Platform. We reserve the right to temporarily adjust Our Service Fees for promotional events or the introduction of new services, and such changes will be effective upon posting on the Platform or notification to You as a User.
It is important to note that a failure to pay any Service Fees may lead to suspension or termination of Your access to the Services offered on Our Platform. We recommend diligently reviewing Your payment details and reaching out to Us for any queries or concerns regarding the payment process.
As part of Our commitment to transparency, We aim to provide clear pricing information for Services and products on Our Platform. Please note that the prices displayed are determined solely by the Sellers and may be subject to Value Added Tax (“VAT”) as indicated on the checkout page. While We strive to maintain accurate pricing, errors may occur. We do not assume responsibility for the pricing of Services and products, but We are dedicated to addressing any questions or concerns You may have regarding pricing or VAT. Please do not hesitate to contact Us for any inquiries.
To minimize the risk of non-authorized access, Your credit/debit card details will be encrypted by the Payment Gateway. Once Your request is received, the Payment Gateway may request a pre-authorization on Your card to ensure that there are sufficient funds to complete the transaction. Credit/debit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, We will not be liable for any delay or failure to deliver the Service or Product and We will not be able to conclude any contract with You. Please note neither We and nor the Sellers have access to any credit/debit card information provided by You under no circumstances. For more information about this, please review the Payment Gateway’s terms of use which You may access here for Stripe and here for Total Processing.
4.2. For Sellers:1
By selling using Our Platform, the Seller is deemed to have acknowledged and accepted the commission that is owed to Ayshei. Notification emails will be sent in advance to inform the Seller of any changes to the commission structure. It is the Seller's responsibility to read and comply with the aforementioned changes.
If the Buyer uses the online payments to order the Products and Services listed by the Seller, the Seller agrees to pay or to be deducted by Us two point nine percent plus one Dirhams (2.9% + 1 AED) for Credit or Debit card payments and two percent plus one Dirhams (2% + 1 AED) for crypto payment of the payment received by Us.
The commission rate varies based on the category of the item(s) and their selling price.2
5. Delivery of Your order
5.1 Logistics Companies.
Logistics Companies are Aramex, Transguard, or any other logistics company that provides delivery services for the Products sold on the Platform.
5.2 Delivery Approval.
We do not confirm and ship the order until after We have received approvals from Our payment Gateway services which verify Your payment details and Account.
5.3 Delivery Costs and Dates.
. The costs and dates of delivery will be displayed to You on Our Platform, and/or, communicated to You by email.
5.4 Delivery Delays.
Please be aware that delivery delays may occur, and We are committed to minimizing any impact caused by events outside of Our control. In the event of a delay in the supply of the product, We will promptly contact You and take the necessary steps to mitigate the delay.
5.5 Delivery Instructions.
In cases where no one is available at Your address to accept delivery and the Products or Services cannot be delivered through Your letterbox, We will provide You with instructions on how to rearrange delivery or collect the Product or Services. If You fail to collect the Product or Service as arranged or do not re-arrange delivery or collection after a failed attempt, We will make reasonable efforts to contact You for further instructions. However, if We are unable to establish contact or re-arrange delivery or collection despite Our efforts, We reserve the right to cancel Your order.
5.6 Identification Verification Upon Delivery.
We reserve the right, at Our sole discretion, to conduct inquiries to verify Your identity and/or ownership of Your financial instruments by requesting additional information or documentation, which may include but is not limited to, a valid form of identification and/or credit card. In the event that We are unable to verify or authenticate the information provided by You, We retain the right to refuse delivery and cancel the order.
5.7 Ownership of the Products.
A Product will be considered owned by You and Your responsibility from the time We deliver the Product to the delivery address and You have paid for the Product.
6. Force Majeure
If there are unforeseeable events that are beyond our control, including acts of God, war, terrorism, natural disasters, pandemics, or government actions, among others, we will not be held responsible for any delay or inability to carry out any obligations related to the Platform. Such events may include industrial disputes, breakdown of information communication technology systems or network access, flood, fire, explosion, or accident.
In such situations, we will not be held liable for any damages or losses that may arise as a result of the delay or inability to fulfill our obligations related to the Platform. However, we will make every reasonable effort to minimize the impact of such events on the Platform and our users.
7. Refund and cancellation policy
Our Services and Products are subject to the particular policies set by each Seller. We may, at Our discretion, make adjustments to Our refund and cancellation policy with the aim of improving Your experience. Any changes to this policy will be communicated to You in advance, ensuring transparency and keeping You well-informed.
8. Sale or Rent of property on the Platform
Both the Seller and the Buyer bear exclusive responsibility for the transfer or the rent of the property, and Ayshei shall not assume any liability in this regard. It is imperative that both parties adhere to the specific terms and conditions stipulated in the Terms of Use.
9. Warranties representations & undertakings
You warrant, represent, and undertake that:
a. You are required to comply with all applicable laws, statutes, and regulations. This includes but is not limited to, privacy laws and content regulations. It is important to note that you must continue to comply with these laws and regulations at all times while using Our Platform;
b. You have full power and authority to enter into these Terms of Sale, and make payment in accordance with these Terms of Sale;
c. if You purchase a Product or Service 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
d. You will not use the Platform for any illegal or unauthorized purpose or violate any applicable laws;
e. You will not post or transmit any message, data, image, or program that would violate the property rights of others, including unauthorized copyrighted text, images, or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion
f. You will not reverse engineer any aspect of Our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of Our Products or Services;
g. You agree not to, and You will not permit any third party to, circumvent, interfere with, disable, or disrupt the Site or servers or networks connected to the Site or any security-related features of the Site in any manner, including but not limited to uploading or transmitting (or attempting to upload or to transmit) viruses, or other similar harmful material;
h. You will not use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from Our Platform;
i. You will not develop or use any applications that interact with Our Platform without Our prior written consent.
j. You will comply fully with our Community Guidelines. These guidelines aim to ensure that all users of our Platform can engage in a safe and respectful manner. By adhering to these guidelines, you help create a positive environment where everyone can feel comfortable expressing themselves.
Subject to the previous section, We are not responsible if any information made available on the Platform is not accurate, complete, or current. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Platform is at Your own risk. The Platform, the Service, and the use of all related functionalities are provided on an “as is, as available” basis without any warranties whether express or implied including but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy. We make no warranty that the functionality of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or anything else which may be harmful or destructive.
10. Limitation of liability & assumption of risk
By using Our Platform, You waive and agree not to assert any claims or allegations of any nature whatsoever against Ayshei, its parent, affiliates or subsidiaries, their sponsors, suppliers, contractors, advertisers or other partners, licensors, any of their successors or assigns, or any of their respective officers, directors, agents, employees or interns arising out of or in any way relating to Your access or use of the Platform, including, without limitation, any claims or allegations related to the infringement of proprietary rights, or allegations that any of the mentioned above parties (“Related Parties”) has or should indemnify, defend or hold harmless You or any third party from any claim or allegation arising from Your use or other exploitation of any third party products or the Platform. Without limiting the foregoing, neither Ayshei nor any other Related Parties shall be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of property, or otherwise, arising out of or in any way connected to the access to the Platform and the use of or inability to use any or all of the Services, including without limitation any damages caused by or resulting from Your reliance on the Platform or other information obtained from or accessible via Ayshei or any other Related Parties, or that result from mistakes, errors, omissions, interruptions, deletion of files or data or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, force majeure, communications failure, theft, destruction or unauthorized access to Ayshei’s or any other Related Parties’ records, programs or services.
AYSHEI SHALL NOT BE HELD LIABLE FOR USER AND OTHER’ INFORMATION DETAILS THAT ARE PROVIDED OUTSIDE THE SCOPE OF THE PLATFORM INCLUDING, BUT NOT LIMITED TO, THE PLATFORM AND DIFFERENT CHANNELS OF COMMUNICATION LIKE PHONE AND EMAIL CONVERSATIONS OR EVEN PHYSICAL/LIVE COMMUNICATION. AYSHEI SHALL NOT BE HELD LIABLE FOR ANY BAD BEHAVIORS OF A BUYER /SELLER/ AND/OR LOGISTICS COMPANIES INCLUDING, BUT NOT LIMITED TO ANY INCOMPLETED SERVICES, GROSS NEGLIGENCE IN THE QUALITY OF THE PRODUCT OR SERVICE PURCHASED, OR WILLFUL MISCONDUCT, ANY MORAL AND/OR PHYSICAL DAMAGES SUCH AS INJURY, DEATH THAT SHALL OCCUR TO A BUYER, SELLER, LOGISTICS COMPANIES, OR THIRD PARTY.
11. Indemnification
By using the Platform, You agree to protect, defend, and hold harmless Ayshei and its Related Parties from any claim or demand, including reasonable attorney fees, made by any third party resulting from Your violation of the Terms or documents incorporated by reference or Your infringement of any law or the rights of a third party.
YOU HEREBY RELEASE US AND AGREE TO HOLD AYSHEI HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE SELLERS OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR NON-MATCH OR BAD SERVICE OF ANY SELLER AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM. YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
12. Entire agreement
The Terms as well as any other policies or operating rules posted by Us on the Platform or in respect to the Services, constitute the entire agreement and understanding between You and Us and govern Your access and use of the Platform, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against Us.
13. Governing law and jurisdiction
This Agreement shall be governed by, and all disputes arising under or in connection with this Agreement shall be resolved in accordance with the Federal laws of the United Arab Emirates. These laws will apply no matter where in the world You live, but You may be entitled to the protection of the mandatory consumer protection provisions of Your local consumer protection law.
Any dispute arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration. in accordance with the International Chamber of Commerce (ICC) expedited Rules of Arbitration. The Arbitral Tribunal shall be composed of a sole arbitrator. The place of arbitration shall be Dubai, UAE. The language to be used in the arbitral proceedings shall be English.
Any arbitration under these Terms will take place on an individual basis. You understand that by agreeing to the Terms, You are waiving the right to trial by a judge, or to participate in a class action lawsuit
14. Miscellaneous
In the event that any provision of the Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
The headings used in these Terms of Sale are included for convenience only and shall not limit or otherwise affect the Terms
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.
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 following any such change constitutes Your agreement to be bound by and its acceptance of these Terms of Sale as so modified.
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.
Notwithstanding anything to the contrary, We reserve the right to terminate Your Account and/or block Your access to and use of the Platform at any time and without prior notice, at Our sole discretion. We also reserve the right to refuse Service to anyone for any reason and at any time. If Your access to the Platform is terminated for any reason, You will not have the right to obtain copies of any data or communications You may have stored or conducted through the Platform or any other data. You may voluntarily terminate Your use of the Platform at any time by simply deleting Your Account and discontinuing Your visits or use of any aspect of the Platform. All provisions that either expressly or by their nature survive, will survive suspension or termination of Your Account.
Last Updated: 25/01/2024