Hoot Marketplace Buyer T&C

These Terms & Conditions (the T&C or "Agreement") are designated for retail buyers seeking to purchase product(s) on our Site for their own use only. For any commercial, resale, wholesale, or bulk purchases purposes please refer to our "Commercial Purchases T&C”

These T&C constitute a binding agreement between us Hoot Online Shopping LLC (the Platform) and you (the Buyer), together with the Platform collectively referred to as the Parties. You should read these T&C carefully before registering on the Site. Using the Site or otherwise indicating your consent on its use you agree to be bound by these T&C. If you do not wish to agree to these T&C please refrain from accessing and registering on the Site.

Definitions and Interpretations:

Unless the context otherwise requires, capitalized terms in these T&C shall bear the meaning assigned to them in this clause.

Account- your designated online account with the Platform where you can see your information, the status of your Purchases, and communicate with us and the Merchants.
ADCC Membership– means membership in Abu Dhabi Community Cooperation.
Applicable Law -means all provisions of laws, statutes, ordinances, rules, regulations, permits, certificates, judgments, decisions, decrees, or orders of any governmental authority or authorized body of the United Arab Emirates.
Merchant -Means the seller who offers and sells to you Products on our Site.
Purchase -means an agreement between you and the Merchant for the sale purchase of a Product executed by means of Site.
Product -means a product, whether in the physical or digital form, or any service that is offered to you on our Site.
Site -means the website Hoot.ae and/or any other application controlled and/or operated by you the Platform whereon you may purchase Products from the Merchants.

Your Registration and Account with Us:

2.1. Before effecting any Purchase, you will be required to register with us by providing us with your following details:

full name;
actual e-mail address;
phone number.;
delivery address.

2.2. Upon successful verification process, we will create for you an Account and you will be proposed to set an Account access details (username and password).
2.3. Your Legal Capacity:
Please note that you are only eligible to purchase Product on our Site if you attained the legal age under Applicable Law. Thus, by registering with us and initiating any transaction, you confirm that you are of the legal age or your legal guardian accompanies you in this transaction.

Confidentiality and Privacy:

3.1. All information collected from you in the course of registration or Purchase processing is confidential to us and is subject to our Privacy Policies. We may disclose any such information in the instances prescribed by Applicable Laws and upon a formal request of the concerned authority.

Access to Account:

4.1. It will be your full responsibility to ensure that all usernames and passwords required to access your Account are kept secure and confidential. You must immediately notify us of any unauthorized use of your passwords or any other breach of security and we will reset your password and you must take all other actions as may reasonably be deemed necessary to maintain or enhance the security of your access to the Account.

4.2. You shall indemnify us and keep us harmless from and against any such losses, damages, liabilities, claims, complaints, or disputes that may result from or in connection with your loss or divulgement of the Account access details.

Rewards Policy:

5.1. The Platform may, from time to time, in its absolute discretion, implement and carry out various incentive campaigns by awarding to you reward points, bonuses and/or making cashback on a Purchase and accounting them or their equivalent as it may deem fit to your Account’s wallet (the Rewards). Such Rewards are non-transferrable and not redeemable for cash. Rewards may only be used for payment or partial payment against your next purchases on our Site.

5.2. The Platform may and will endeavour to implement special incentives for ADCC Members in a form of rewards and bonuses awarded to them independently and in addition to any other Rewards. ADCC Member’s Rewards may only be availed after the ADCC Membership is verified by and validated on the Platform.

5.2. In any event, the Platform will have the full and exclusive right to determine and implement terms and conditions concerning all incentive campaigns carried out on the Site, including mode of earning, redemption and cancelation of the Rewards.

5.4. The accumulation of Rewards does not entitle you to any vested rights, and the Platform does not guarantee in any way the continued availability of any Rewards including ADCC Member’s Rewards. The Platform assumes no liability to you as regards the addition, suspension or cancellation of any Rewards that are collected but not redeemed.

Purchase:

Once you have chosen a Product you are willing to buy, you can either move the item to your basket and continue shopping or immediately proceed with the checkout. At the checkout, you will be required to indicate your preferred payment method out of those availed by our Site. We accept the following modes of payment:
Credit/Debit Card;

Cash/Card on Delivery;
Hoot Wallet;
Reward Points;
Gift Cards;

You, therefore, explicitly authorize us to debit the amount of the Purchase in accordance with the chosen payment mode.

Product Delivery and Acceptance:

7.1. Following your checkout, we shall arrange and deliver to you the purchased Product within the delivery term indicated in the Product description. If no such term is indicated in the Product description the delivery should be effected within 15 (fifteen) business days (for local delivery only).

7.2. Once received you should inspect the Product(s) and notify us if there is any issue with the Product(s) promptly. Any complaints regarding Product quality or specifications should be addressed in the manner as set out in the corresponding sections of the “Cancellation, Return, Replacement & Refund Policies”.

Product Warranty Conditions:

8.1. Every Product placed on our Site bears the basic warranty that it performs such general and specific operations and has such general and specific characteristics as described and claimed for them in any of manufacturer and Merchant’s published Product descriptions and specifications. Said warranty is valid regardless of the fact whether or not such descriptions and specifications are specifically included in or referenced in the Transaction Information.

8.2. It is, therefore, our guarantee to you that any Product is free from manufacturing defects in material or workmanship and will conform to, comply, function, and perform in accordance with the applicable laws or in the absence of such provisions in law with standard customary requirements to the goods of the same kind.

8.3. If the Warranty is provided by a manufacturer of the Product, it is highly advisable to contact the manufacturer directly in any issues.

8.4. An exact warranty term shall be specified in the Product description on the Site.

8.5. Repair or replacement under the warranty does amount to an extension or renewal of the warranty period.

8.6. Warranty Exclusions

8.6.1. The Warranty does not apply in the following instances:

if a repair has been attempted by an unauthorized service center;
physical damage, i.e. in the presence of signs of damage such as broken screens, heavy dents, bent products, preventing Product from functioning properly; damage caused by the effect of liquid, i.e. any situation involving the submersion or splashing of an electronic device of any liquid/or when a liquid indicator (if any inside the device) changes color;
any alteration of the original software and/or operating system (e.g. “root” “jailbreak” so on);
the Product has been in use with ungenuine accessories or ancillary elements;
if the serial number is removed or not illegible;
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;
failure caused by overcharging, or due to violation of specific instructions outlined in the product user manual (or relevant documentation); and
if any of the seals on the battery enclosure, internal components, or cells are broken or reveal evidence of tampering.

Unless otherwise explicitly provided by the Merchant the Warranty does not extend on replacement of consumables (e.g. batteries, light bulbs, fuses, headphones or printer ink so on);
8.7. When a warranty event is confirmed (means the defect is covered by the Warranty), the approved repair vendor will receive your Product for repair and we shall notify you of this over your e-mail. Upon the repairment of the Product, it shall be returned to you at no additional cost. The normal repair period is up to 24 (twenty-four) business days (including delivery time) but could take slightly longer.

Purchase Cancellation, Product Return and Replacement:

For all issues arising out of or in connection with a Purchase cancellation, Product(s) return, replacement, and any Warranty issues, please refer to our Cancellation, Return, Replacement and Refund Policies.

Complaints and Disputes Resolution:

10.1. In case you have any issue arising out or in connection with your Purchase, you are encouraged to send your complaint to our customer service center at customer@hoot.ae or contact us over the phone 800-HOOT.
10.2. We shall undertake all reasonable steps to resolve your complaint by communicating the same to the Merchant and mediating with the Merchant for its best and soonest possible settlement.
10.3. In case the Merchant reasonably disagrees with your complaint, we will notify that reasoning to you not later than 3 business days and we will expect your further response at most 6 business days therefrom.
10.4. In any case, the dispute resolution procedure shall not take more than 30 (thirty) business days until a final outcome is notified to you.
10.5. We will do our best, but we may not always be able to revert to you with the full reasoning or decision, however, any refund made in the course of such procedure shall mean that your complaint has been accepted.
10.6. If you are still unhappy with the outcome of the Dispute Resolution proceeding, you are retaining your right to address the matter to the competent court as set out in clause 13 below.

Account Suspension and Closure:

11.1. Any Party, either you or we, can request termination of this Agreement and consequently the closure of the Account upon at least 30 days' written notice to the other.
11.2. We reserve the right to suspend or close your account in case of the absence of any activity on your part for more than 6 months.
11.3. We also may close your account immediately and without notice in a case where we suspect any illegal activity or violation of any User Policies.

Law:

This Agreement shall be governed by and construed in accordance with the laws of the United Arab Emirates.

Jurisdiction:

The Dubai Courts of the United Arab Emirates shall have jurisdiction to adjudicate any dispute arising out of the formation, performance, interpretation, nullification, termination, or invalidation of this Agreement or arising therefrom or related thereto in any manner whatsoever.

Variations:

This Agreement is subject to the Platform's Policies and may be changed in case of change of any of our Policies unilaterally. In the event of any such changes, we shall notify you of the same at least 30 days prior to such changes become effective.