HomeDevo is a marketplace for sellers and buyers of construction materials and its allied services includes:
Sell on HomeDevo :Sellers go to place for selling their Construction & Building Materials (C&B). This activity is labelled as “Sell on HomeDevo”. HomeDevo process transactions taking place between Sellers and Customers based on A-Z approach
Fulfillment & Delivery by HomeDevo (FDHD). HomeDevo through its delivery network fulfills orders of customers in shortest possible time. This includes picking up the deliveries from Sellers workplace and dropping it to the customer’s workplace. Fulfillment services also include storage services.
Promotion & Advertisement Services (PAS). HomeDevo is a marketplace to promote C&B materials to potential buyers.
Premium Memberships Services: Subscription to HomeDevo enables both sellers and customers to make informed decisions regarding their C&B needs by providing access to exciting and innovative ways of selling and buying. There are five membership plans including Bronze, Silver, Gold, Platinum and Diamond with distinctive features for each plan.
This Agreement (Terms and Conditions) shall be in accordance with the divisions with the general definitions and the services and registrations offered in the homedevo website. The user shall be deemed to have agreed with this terms and conditions and accepted its status, the user agree to our Terms and that he has read our use policy and Vendor Services Agreement.
General Definitions
"Homedevo Site" means, UAE based online portal for trading of B&C materials.
"Information on transactions from Homedevo" means, any information acquired by you or by your Affiliates from Homedevo regarding the transactions under this Agreement or the performance under this Agreement.
"Laws & Jurisdiction" means the UAE Federal Laws and any other laws applicable in this regard.
"Sales Proceeds" means the gross proceeds from any Transactions, including all shipping and handling, taxes and customs.
"Local Currency" means the applicable one of the following:
AED United Arab Emirates, USD United States of America
"Order Information" means, the products orders through Homedevo website which includes order information and shipping details.
"Seller Dashboard" means the online dashboard allocated by Homedevo to seller for managing orders, information on products, account balances etc.
"Technology" means any processes, concepts, method of operations protectable under laws of any jurisdiction.
"Homedevo Site" means www.homedevo.com
"Listing Fees" means the fees or charges that are to be charged by Homedevo for using the special feature to list their products directly on Homedevo Site.
"Sale proceeds" means the gross amount of the transaction which has been charged the supplier and paid by the customer.
"Closing fees" means the fee or charges that are to be charged by Homedevo at the successful conclusion of the transaction.
"Referral Fee" means the fee or charges that are to be charged by Homedevo for referring customers to suppliers and otherwise.
"Subscription Fee" means the fee specified on fee schedule and is charged for subscribing to the services of Homedevo at the time of registration.
“Refund Administration Fee" means the applicable fee charged for managing refunds on behalf of You.
"Homedevo-Fulfilled Products" means usage of Homedevo fulfillment services for any of seller Products.
" Refund Policies" means the return and refund policies published Homedevo Site
"Expected Ship Date" means, the date at which the shipment will take place expectedly.
"Purchase Price" means the total amount payable or paid for Your Product by customer inclusive of all taxes
"Remittance Calculation Date" is the date at which the remittance will be calculated. Such date will occur two (2) days before remitting the balance to Your account.
"Required Product Information" means, all the information with respect to each of Your Products in connection with a particular Homedevo Site, the following (except to the extent expressly not required under the applicable Program Policies): (a) description, including as applicable, location-specific availability and options, scheduling guidelines and service cancellation policies; (b) SKU and UPC/EAN/JAN numbers, and other identifying information as Homedevo may reasonably request; (c) information regarding in-stock status and availability, shipping limitations or requirements, and Shipment Information (in each case, in accordance with any categorizations prescribed by Homedevo from time to time); (d) categorization within each Homedevo product category and browse structure as prescribed by Homedevo from time to time; (e) digitized image that accurately depicts only Your Product, complies with all Homedevo image guidelines, and does not include any additional logos, text or other markings; (f) Purchase Price; (g) shipping and handling charge (in accordance with our standard functionality); (h) any text, disclaimers, warnings, notices, labels, warranties, or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising, or sale of Your Product; (i) any vendor requirements, restocking fees or other terms and conditions applicable to such product that a customer should be aware of prior to purchasing the product; (j) brand; (k) model; (l) product dimensions; (m) weight; (n) a delimited list of technical specifications; (o) SKU and UPC/EAN/JAN numbers (and other identifying information as we may reasonably request) for accessories related to Your Product that is available in our catalog; (p) the state or country Your Product ships from; and (q) any other information reasonably requested by us (e.g., the condition of used or refurbished products; and invoices and other documentation demonstrating the safety and authenticity of Your Products).
"Seller-Fulfilled Products" means the products which are to be fulfilled by You.
"Shipment Information" means, the estimated or promised shipment and delivery date.
"Homedevo Fulfilled & Delivered Units" means Units fulfilled and delivered using FDHD that are sold through Homedevo Site.
"FDHD Excluded Product" means any Unit that is an Excluded Product or is otherwise prohibited by these FDHD terms
"Foreign Address" means any address that is located outside the origin country i.e. UAE and all its emirates.
"Fulfillment & Delivery Request" means a request that is being submitted to Homedevo in accordance to the standard submission methods as prescribed by Homedevo to fulfill and delivered certain units to certain places
"Sellable Unit" means a Unit that is in sellable condition and not an unsuitable unit for selling purposes.
"Shipping Information" means with respect to any purchased Unit(s), the following information: the name of the recipient, the shipping address, the quantity of Units to be shipped, and any other shipping-related information Homedevo may reasonably request.
"Unit" means a unit of Your Product that you deliver to Homedevo in connection with the FDHD terms and conditions.
"Unsuitable Unit" means a Unit: (a) that is defective, damaged, unfit for a particular purpose, or lacking required label(s); (b) the labels for which were not properly registered with Homedevo before shipment or do not match the product that was registered; (c) that is an FDHD Excluded Product or does not comply with the Agreement (including applicable Service Terms and Program Policies); (d) that Homedevo determines is unsellable or unfulfillable; or (e) that Homedevo determines is otherwise unsuitable.
"Agent" means an agency which act as an agent for Homedevo user of Promotion and Advertisement Services.
"Homedevo PAS user" means any entity, person enrolled for use of Homedevo Promotion and Advertisement Services.
"Homedevo Properties" means: Homedevo website, Homedevo vehicles, Homedevo Storage Facilities, Homedevo Products and Materials etc.
"Your Ads" means Promotion and Advertisement of Your Services and Your products using Homedevo properties
YOUR ACCESS TO AND AVAILING DISTINGUISHED SERVICES OF HOMEDEVO IS GOVERNED BY THIS AGREEMENT (THE "AGREEMENT"). THIS AGREEMENT IS BETWEEN YOU OR THE BUSINESS YOU REPRESENT AND HOMEDEVO. THESE TERMS AND CONDITIONS TAKES IN TO EFFECT UPON COMPLETION OF REGISTRATION ON HOMEDEVO PORTAL.
Sell on Homedevo: To become a Vendor
Registration may be for one or more Homedevo services and it must be completed to avail the services. Registration is exclusively for those users who can lawfully enter in to contract and form contracts under applicable rules and regulations. As part of the registration process, you must enter your or your business legal name, registered business address, phone number, and e-mail address. Line of services and its provision is at the sole discretion of Homedevo and it may cease to provide any or all of the services at any time.
Login Information & Security
Any login information, passwords provided to You after successfully registering to Homedevo Site is for the purpose of electronically accept Your transactions and review Your completed transactions. Security of login information and passwords is Your sole responsibility and You may not disclose such information to a third part or if You do it shall be at Your Own Risk. In case if Your login information or passwords are compromised, You should immediately proceed to change the information.
Alteration, Modification & Amendments
It is at Homedvo’s sole discretion to either alter, modify or amend any of the terms and conditions that are making part of this Agreement. Any changes made herein shall be posted on seller dashboard or on the Homedevo Site and Your responsibility is for reviewing those terms and conditions. Notice regarding any modification, alteration or amendment shall be notified for 30 days. You should refer regularly to seller dashboard for reviewing the current Agreement to ensure that offered services are in line with applicable policies.
YOUR CONTINUED USE OF A SERVICE AFTER HOMEDEVO'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.
Illustrations & Representation.
By registering under this Agreement, you represent and warrant to Homedevo that (1) You are an existing, organized, lawful business under the laws of country in which your business is registered; (2) You have the power, authority and right to enter into this agreement, honor your liabilities and obligations, and grant the licenses, rights and authorizations in this agreement; (3) You declare that all the information provided to Homedevo or its affiliate companies are accurate and complete; (4) You and all your suppliers, agencies, subcontractors will be in compliance with all applicable laws in your performance of your obligations and exercise of your rights under this agreement.
Feedback, Information and Suggestion.
Homedevo may use, disclose, modify, license, transfer and exploit the information You provided as part of any suggestions, comments, ideas or other feedback materials on Homedevo Site and Services. For any inquiries related to Govt. for the protection of customers and systems or to ensure the integrity and operations of our business, Homedevo may give access and disclose any such information as is required by the government. Any suggestions on using the services, you are solely responsible for any actions taken on the basis of our suggestion.
Authorization & Warranty
You grants us license to use, perform, display, modify, reformat and otherwise commercially and non-commercially exploit any of Your materials provided; however, that Homedevo will not alter any of Your trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same and will be in compliance with Your requests to remove as to specific use of Your trademarks. Provided further however that nothing in this Agreement will prevent Homedevo right to use Your materials without Your consent to the extent that such use is allowable without a license.
Sale Proceeds Receipt & Services Fees Payment:
Any expenses relating to processing of this Agreement is Your expense and Homedevo shall not reimburse any of the expense. To use Homedevo exclusive services, you will provide us with valid credit card information as well as valid bank account information. You will only use a name you are authorized to use in connection with a service and regularly update necessary information You provide to us to ensure that the information remains accurate, valid and complete always. You authorize us to have access to your credit reports from time to time, to obtain credit authorization from the issuer of the credit card and to charge either your credit or debit your bank account in connection to payments by you to us. All your remittances will be remitted to your bank account through a banking network or by other means specified by us.
We may withhold any sums payable to You at our own discretion, only if we determine that Your performances, actions result in chargebacks, claims, violation of Homedevo policies and terms. For any amounts we determine that You owe Homedevo, we may charge your credit card, offsetting the payments and receivables between You and Homedevo, issuing new invoice for the outstanding amount, reverse any credit to your bank and collect payments from you by any other lawful means. If Homedevo determines that Your account is used for deceptive and fraudulent activities and consistently in contravention of Homedevo policies, then Home Devo may withhold any payments to You. Except as provided otherwise, all amount referred to herein this Agreement are in local current.
For the purposes of security, Homedevo may impose transactions limit on some or all customers or sellers. This may either be in the form of number of transactions per day, the cumulative value of all the transactions per day or for a certain period. Homedevo will not be liable to you if (i) if any transaction is not been processed because of the limit set by Homedevo for security reasons; (ii) if the customer is permitted to withdraw from the transaction because Homedevo services is unavailable following the commencement of transaction.
Value Added Tax & Other Tax Matters.
You will be responsible for collection, reporting and payment of all Your taxes applicable. However, there are exceptions where Homedevo automatically calculates and collects taxes on Your behalf according to Your applicable law; Homedevo make an express agreement to receive taxes or other charges on Your behalf in connection with tax calculation services made available by Homedevo. You pledge to comply with the applicable taxation policies. All charges payable by You to Homedevo shall include taxes payable to Homedevo.
Product Orders and Listings, Products & Product Information:
You or the business on behalf of which you represent will provide the products information in the requisite format for each product that is being listed on Homedevo Site for selling. You will also promptly update the product information on regular basis to ensure that the information remains accurate and complete. Compliance with applicable laws regarding minimum age, marking and labelling requirements will be ensured by You for all the materials and products listed. It shall also be ensured that any upload does not contain any sexual, defamatory or obscene materials.
Order Processing, Merchandising and Product Listing:
You will be enabled by Homedevo to list your products on Homedevo Site, conduct merchandising and promote Your products as permitted by Homedevo. Rating mechanism will be applicable at all time and either Homedevo or customers of Your products will rate Your products or Your performance as seller. Homedevo may make these rating publicly available. All the information regarding Your product orders will be provided to you by Homedevo through the Site. Homedevo will receive all sale proceeds on Your behalf for each of the successful transaction and will remit sale proceeds to You in accordance with Sell on Homedevo service Terms. You will be liable to fulfill the orders in the same manner except otherwise provided in this Agreement.
Shipping & Handling of Orders by You:
Any of Your products ordered by customers through Homedevo Site and those are not opted to be fulfilled by Homedevo, shipping and handling charges in such circumstances will be determined in accordance to the Agreed delivery and transport services policies which includes the standard functionality for determination of shipping and handling charges.
Credit Card Fraud and any Unpaid Invoices:
It is Homedevo’s responsibility to provide safe shopping portal and it will bear the risk of (i) Credit card fraud or a fraudulent purchase occurring in connection with Your Transactions (ii) defaulters or late payments by customers of Your products except for each Transaction fulfilled by You and those are not fulfilled strictly in accordance to the Agreed delivery and transport services policies. In case of non-compliance with Agreed delivery and transport services policies, You will bear all the risk of Fraud or Loss. Homedevo may conduct investigation at its sole discretion, refuse to process, restrict any destinations for shipping purposes, stop or cancel any of Your Transactions and You will be bound to stop or cancel any orders if Homedevo asks You to do so. In case You have already transferred the products to a carrier or shipper place when we ask You to stop of cancel the order, then you will carry out actions commercially reasonable to prevent the delivery of those products to customer place. For any orders that have been stopped or canceled in accordance to Homedevo instructions, You will refund the amount paid by the customer.
Product Sales and Orders Fulfillment
Sale and Fulfillment process of products starts from sourcing, offering, selling and fulfilling Your products if it is to be Seller fulfilled and not Homedevo fulfilled. (i)You will source, offer, sell and fulfill Your products in accordance to the Service Terms, this Agreement and any other Terms displayed on Homedevo Site at the time of order and You will be solely responsible for all the risks connected to these activities. (ii) You will package each of Your products in a commercially reasonable manner and ship the products on or before the expected shipment date. (iii) You will retrieve each order information at least each business day. (iv) You will only cancel Your transactions in compliance with Homedevo Service terms and conditions applicable at the time of order under this Agreement. (v) You will provide all the necessary information regarding order fulfillment to Homedevo. (vi) You will ensure that you are the seller of each products. (vii) You will ensure to include an order specific packing slip and if applicable any tax invoices with in each shipment of Your products.
Cancellation, Returns & Refunds
All your transactions including cancellation, returns and refunds are governed by Homedevo policies and will be applicable to Your products. You are bound by this Agreement in this regard and You will cancel, return, process refunds and make necessary adjustment in accordance to this agreement. Homedevo may also at its sole discretion process cancel, return and refund for the benefit of the customer but this will not limit Your obligations You are required to meet as per this Agreement. In such case, Homedevo will pay the customer and You will reimburse all the amount to Homedevo
Delivery Nonconformities & Recalls.
It is Your sole responsibility to make correct deliveries and any non-performance, non-delivery or any other mistake in connection with the fulfillment of Your products shall solely be Your responsibility. There is an exception to the aforementioned clause if the nonconformity is the result of (i) credit card fraud for which Homedevo is responsible or (ii) Homedevo failure to make available correct order information. You are also responsible for any defects in Your products and any public or private recalls in connection to Your products. You will promptly communicate the public or private recalls in connection to Your products to Homedevo.
Product Guarantees and Chargebacks
In case of disputes concerning to one of Your transactions conducted on or through Homedevo Site, You will provide Homedevo (i) Proof of the fact that you have fulfilled the order (ii) Applicable Homedevo order identification number; (iii) description of products; and (iv) any terms You provided and displayed on Homedevo Site at the time of transaction in question. Any failure on Your part for any of the conditions; You will promptly reimburse Homedevo in accordance with Fees & Payments section of this Agreement for the amount of customer purchase including purchase price, shipping and handling charges inclusive of all taxes excluding any referral fee retained and not subject to refund by Homedevo. You will also reimburse all associated costs of credit card transactions and other transaction processing charges to the extent paid or payable by Homedevo.
Homedevo Service Charges or Compensation
You as the registered supplier on Homedevo portal will be liable to pay (i) the applicable referral fees; (ii) the applicable closing fee; and (iii) any other fee mentioned in this Agreement. Sales Proceeds will not include any shipping charges set by Homedevo in the case of Your Transactions that consist solely of products fulfilled using delivery by Homedevo.
Remittance of Sales Proceeds & Refunds
Except as otherwise stated in this agreement, Homedevo will remit all account balances appearing on Your account on 45 days. Each remittance will be calculated as sales proceeds less: (i) referral fees; (ii) Transaction closing fees; (iii) listing fees; (iv) any other applicable fees mentioned in this Agreement; (v) any amount Homedevo require you to maintain the account; (vi) any taxes mentioned in tax policies that Homedevo collects and remits to the tax authority
. Homedevo may opt to reserve on Your account based on our risk assessment and any risk posed to customers by your actions or performance, and it is at our sole discretion to change the reserves from time to time.
In the event of any change in Your bank account information, the remittance calculation date may further be deferred by up to 15 days. In which case immediately after the change of bank account information the remittance will take place after an aggregate of 45 days. In such case the sale proceeds will not include for extra 15 days which have been included solely because of change in bank account information and sale proceeds for these extra 15 days will be adjusted on the next remittance calculation date. Any recommendation fee charged by Homedevo for any of Your Transactions which have been cancelled and You refund the amount to the customer, will also be paid back to You. However, Homedevo will charge the administration fee for each refund if the refund is routed through Homedevo.
Homedevo Control
Homedevo has the right to determine the appearance, design, content, functionality and any other aspect important but not mentioned here including redesigning, modifying, removing or restricting any access and by suspending, removing or prohibiting any listing.
Transaction Processing Service Terms:
YOU ON BEHALF OF YOURSELF AND THE BUSINESS YOU REPRESENT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS RELATING TO TRANSACTION PROCESSING SERVICES. IF YOU HAVE A SEPARATE AGREEMENT FOR FULFILLMENT OF YOUR PRODUCTS ON THE HOMEDEVO SITE AND YOU HAVE SEPARATE AGREEMENT FOR THE SALE OF SUCH PRODUCTS, THE TERMS OF THAT AGREEMENT WILL CONTINUE TO GOVERN THE PROCESSING OF YOUR TRANSACTIONS TO THE EXTENT DESCRIBE IN THAT AGREEMENT.
You authorized Homedevo to transact on pay tabs services to act as an agent for purposes of processing payment for all non-invoiced orders, refunds and adjustments for Your transactions. You also authorize Homedevo pay tabs services for remittance of sale proceeds to Your bank accounts, hold sale proceeds on Your behalf, charging Your credit cards and pay Your liabilities towards Homedevo in connection to services fees mentioned under this Agreement.
All the Homedevo pay tabs services are collectively considered as Transaction Processing Services.
After the approval from the buyer to pay to You for the products You have sold to buyer, You agree that the buyer authorizes and orders us to commit to the buyer’s payment less any applicable fee and other amounts Homedevo may collect under this Agreement, to You. It is Your responsibility to ensure that buyer has satisfied their obligations to You for Your transactions when sales proceeds are received by Homedevo. Homedevo will remit funds to You in accordance with the terms and conditions of this Agreement.
Homedevo pay tabs services will remit funds to You in accordance with the terms and conditions of this Agreement and Transaction Processing Services terms and conditions. For the purpose of processing transactions, Homedevo pay tabs services obligation is to remit funds collected or received by it or otherwise credited to Your available balance in connection with Your transactions is limited to the extent of funds available in Your account less any amount which You may owe Homedevo and any other taxes payable to tax authority according to applicable law which Homedevo automatically calculates for each transaction.
Without limiting Homedevo’s rights to collect any amounts you owe, the Homedevo Pay tabs services receipt of Sales Proceeds or crediting of Sales Proceeds to your available balance discharges your obligation to pay applicable fees and other amounts under this Agreement to the extent the Sales Proceeds received or credited equal or exceed the fees and other amounts you owe and the Sales Proceeds are applied to the payment of those fees and amounts.
All Your sale proceeds will be held in Your Seller Account included in Seller Dashboard and it will represent an unsecured claim against the Homedevo Pay tabs Services. You do not have any right to collect sales proceeds directly from the customers. Any balance held on Your account and other users of services may be invested by Homedevo prior to the date of disbursement of such funds to You. Interest earned on such investments shall not be payable to You and it will be sole income of Homedevo. Homedevo Pay tabs Services will not use any funds held on Your behalf for its corporate purposes. Such funds will not be available for its creditors and will not knowingly attach such funds to its creditors.
Homedevo may at any time require You to provide any personal, business and financial information for verification purposes. Such information will solely be used for verification of your identity only. Homedevo will update and establish You Seller Account from time to time based on consumer credit reports and You authorize Homedevo for obtaining such consumer credit reports. You agree that Homedevo will update Your Seller Account upon any change.
Your Seller Account will be declared as dormant if there is no activity in it for a certain period which shall be notified to You. This notification will be given to You by the details of contact provided by You and included in Your Seller Account. Sale proceeds shall be maintained in Your account for a certain period.
Fulfillment & Delivery by Homedevo (FDHD) Service Terms
Fulfillment services by Homedevo ("FDHD") provides delivery, storage, packaging and all other ancillary services to You.
THESE SERVICE TERMS ARE AN INTEGRAL PART OF THE AGREEMENT AND BY REGISTERING TO THESE SERVICES, YOU AGREE TO BE BOUND BY THE AGREEMENT INCLUDING THESE FDHD TERMS. You expressly agree that Homedevo may engage a third party in order to complete one or more fulfillment services.
Registration of Products for Availing FDHD Services:
You may apply for registration of any of Your products for fulfilling by Homedevo and after registration You will be included in FDHD platform. This registration can be withdrawn in total of for specific products.
Fulfillment and Product Information:
You will provide all the necessary, accurate and complete information that are required Homedevo for provision of fulfillment services. You must update the product information in accordance with Homedevo requirement in order to ensure that information is always accurate and complete .
Shipping to Homedevo Warehouse or Direct Delivery to Customer Place:
In case of shipping the products to Homedevo warehouse for subsequent delivery to customers’ place; You will be responsible for all the associated costs to such delivery or you may apply for Homedevo exclusive shipping services. In which case, Homedevo will pick the products from Your business place and ship it to its warehouse. This scenario will be particularly applicable to imported products. Homedevo also provide direct delivery services from Your place to customers’ place and Homedevo will charge delivery and fulfillment charges for carrying out such deliveries.
It is the sole discretion of Homedevo to either accept or reject any units of product for fulfillment and delivery services
You must comply with Homedevo standard operating procedures regarding size, weight restrictions and any other shipping requirements. If Homedevo provides any initial shipping costs prior to shipment, You acknowledge that these initial shipping costs may later be replaced by actual shipping costs. If the initial shipping information provided by You differs from that of determined by Homedevo then (i) You may be charged more if the weight of the product is more than submitted by you; (ii) You may be charged for full amount as indicated in estimated shipping costs if the actual shipping cost determined by Homedevo is less than that of estimated.
Title and risk for the products will remain with You and Homedevo only arranges for fulfilling of the products. These terms does not create any liability or responsibility for Homedevo with respect to any delay, damages or loss incurred during the fulfilling the order.
Warehousing & Storage
Homedevo provides storage services in accordance with these FDHD terms and conditions making part of the Agreement. Homedevo will keep electronic records tracking inventory of units by identification number of Units stored in any Homedevo store. Homedevo will not be required to physically mark or segregate Units from other inventory units e.g. products with same Homedevo product identification number. If Homedevo mix such units with other Inventory units, You and Homedevo agree that Homedevo records will be enough to identify which products will be regarded as Units. Homedevo may shift the Units among storage facilities and in this process any damage done the Units, Homedevo will as your sole remedy, reimburse You in accordance with these terms and conditions provided that You provide valid tax invoice for the compensation of such units paid by You.
This reimbursement is our total liability for any duties or obligations that we or our agents or representatives may have and is You’re only right or remedy. At all other times, you will be solely responsible for any loss of, or damage to, any Units.
Homedevo issuing receipt of delivery of Units upon receiving the Units at its store does not (i) indicate that any Unit has been delivered and received free of loss or damage or that any loss or damage discovered afterwards of confirmed receipt of delivery; (ii) indicate that Homedevo actually received the number of Units specified in the shipment; or (iii) waive, limit, or reduce any of our rights under this Agreement. Homedevo also reserve the right to place restriction or impose limitations on the delivery and storage Your inventory in Homedevo storage facilities and You will comply with any of these restrictions and limitations.
Fulfillment & Delivery Services
As part of our fulfillment and delivery services, Homedevo will provide shipment services including directly from the seller’s place to the customer place, from seller’s place to Homedevo storage facilities and then routing it to the customer’s place. Homedevo will not be responsible for any direct shipping services provided by the seller to customer. However, if the seller has opted for FDHD then Homedevo will provide all the services starting from storage facilities of seller and shipping it to the customer place.
Homedevo will also facilitate the sellers and customers in importing and exporting their shipment in GCC countries, China, India and rest of the world where Homedevo has operations. However, such shipments will be regulated by separate terms and conditions given under FDHD guidelines
Returns from Customers:
Responsibility for any returns of the products and services, subsequent refunds rest with You and will be processed in accordance to the terms and conditions under this Agreement.
Homedevo will receive and process returns of the Units fulfilled and delivered to the customer place by Homedevo in accordance with the terms and conditions of this Agreement, FDHD service terms. All the returned units will be placed in Homedevo storage facilities and Homedevo may fulfill customers’ orders from returned products with some exceptions where You will retake the title of the Units returned by the customers.
All the returned Units will either be returned or disposed of at Your direction and which is nor more a sellable unit.
Returns to You and Disposal
All units returned by customers shall be dealt with in accordance with your directions and shall either be returned to Your place or disposed of.
Homedevo may return certain units for any reason including the termination of these terms and conditions. Retuned units will be sent to Your designated address unless and until; (i) the address provided by You is incorrect and outdated; (ii) You have not updated Your address as per our request; (iii) arrangements for payment for return cannot be made by Homedevo. Mentioned cases, Homedevo will dispose of the units at its sole discretion.
The units may be disposed of provided that it is unsuitable and it will be deemed that You have consented to Homedevo actions in this regard; (i) if we determine that the unsuitable units creates health, safety and other associated risks to Homedevo, to any of Homedevo personnel or any other third party; (ii) If You fail to direct us with regard to the units being recalled and You have been notified in this regard 60 days before. On the expiry of 60 days notification, Homedevo at its dole discretion may choose to dispose of the units. In addition, You will reimburse Homedevo for any units disposed of in such a manner.
Proceeds from the disposal of units by Homedevo belong to Homedevo. Homedevo may dispose of the units that Homedevo is entitled to after Your inaction and Homedevo may its sole discretion dispose of such units and You will have no claim to its proceeds.
It is Your liability to promptly notify Homedevo for any Units being recalled or potential recalls or any other safety alerts of any of Your Units and cooperate and assist Homedevo in connection to any such units , including by initiating the process to returns the units to Your place in accordance to Homedevo standard process. You will be responsible for all the associated costs including repair, return, store, liquidate, delivery and You will reimburse all such costs to Homedevo for the products being recalled or potential recall.
Customer Service
Homedevo will pass any customer inquiries regarding Your units to Your attention at the contact address You have provided. Homedevo will make available all reasonable information regarding the fulfillment and delivery of the units at Your request. However, Homedevo will only provide the information to the extent it possesses in connection to the units. Beyond this Homedevo has no obligations to provide any such information which Homedevo does not possess. It is Your responsibility to ensure that in all communications with customers, Homedevo policies are complied with. Such compliance may include policies and requirements about shipping methods, returns and customer services.
Homedevo will be responsible if the seller has opted for Fulfillment and delivery by Homedevo Services. Such responsibilities will include packaging, shipment and handling, customer returns, refunds and adjustments. In this process, Homedevo will have the rights to determine whether the customer is eligible for receipt of refund, adjustment and replacement. Homedevo will require You to reimburse for the fulfilled and delivered units where it was Your responsibility.
Where the units are fulfilled and delivered by Homedevo and it was found that the units were damaged or lost or missing, Homedevo will provide remedy in connection to such damaged, lost or missing units unless it determines that such damaged, lost or missing units is caused at Your request. The remedy shall be provided at our option; (i) for any units Fulfilled and delivered by Homedevo; (ii) ship a replacement unit to customer and reimburse You for the replaced unit in accordance with the terms and conditions of this Agreement; (iii) processing of the refunds to customers and reimburse You in accordance with these terms and conditions (iv) for any reimburse made to you in this regard, You will provide a valid tax invoice for the reimbursement made to You. All customer refunds will be processed in accordance with Selling on Homedevo and its transaction processing services terms and conditions. Homedevo will have the right to retain the fees payable by You under these terms and conditions. Where Homedevo has not been opted for provisions of fulfillment and delivery services, You will be solely responsible for all the costs associated with returns, adjustments and replacements of units.
If Homedevo replace the units retuned by customer and the original unit is returned by the customer, Homedevo will be entitle to either dispose of the Unit in accordance to the terms in this Agreement. If the unit is a sellable unit then Homedevo will place it in its storage space allocated to Your products and You will reimburse Homedevo for the applicable replacement value for the returned unit.
ANY UNIT REPLACED BY HOMDEVO UNDER THESE TERMS AND CONDITIONS WILL BE DEEMED TO BE AND WILL BE TREATED IN THE SAME MANNER AS, AN ORDER AND SALE OF SUCH UNIT TO THE CUSTOMER VIA HOMEDEVO SITE AND SUBJECT TO THESE TERMS AND CONDITIONS
Compensation for FDHD Services
You will compensate Homedevo in accordance with the Fee Schedule for all the services related to Fulfillment and delivery by Homedevo. Storage fees will be charged and it will begin on the day (up to midnight) that the Unit arrives at Homedevo storage facilities and is available for further Homedevo fulfillment activities. In case of unsuitable unit, the arrival day (up to the midnight) until the earlier of; (i) Homedevo receives a valid customer order for such unsuitable unit or a request from You to return such unsuitable unit or dispose of such unit; or (ii) the day (up to midnight) Homedevo return such unit to Your valid address provided by You or dispose of the unit.
All the units to be fulfilled and delivered by Homedevo (FDHD), Homedevo will determine the charges and fees to be charged to the customer of Your products. These charges and fees will be Your charges and Homedevo will report it to You. Homedevo will charge You for such fees and You will compensate Homedevo equal to the amount of charges to customer.
Homedevo will dispose of the units to which it has title as mentioned above, and You will not have any security interest, lien, or other claim to the proceeds of such disposed of units. Such disposed units may include returned, damaged or abandoned units.
In addition to the provisions given under General Terms and Conditions section of this Agreement, You also agree to indemnify Homedevo, defend and hold harmless against any claims that arises from or relates to: (i) the units and whether those units title has transferred to us or not, and including those units regardless of whether such units originally sent to us, including any property damage, death or personal injury (ii) the export, shipment and delivery of Your products to addresses outside the country of origin; (iii) any of Your taxes that is to be collected, paid or failure to collect any taxes and subsequent payment of it to the authorities; (iv) any sales, use, value added, personal property, gross receipts, excise, franchise, business, or other taxes or fees, or any customs, duties, or similar assessments (including penalties, fines, or interest on any of the foregoing) imposed by any government or other taxing authority in connection with the shipment of exported products to the designated addresses.
IN ADDITION TO THE DISCLAIMER GIVEN IN GENERAL TERMS AND CONDITIONS, HOMEDEVO DISCLAIM ANY DUTIES OF BAILEE OR WAREHOUSEMAN, AND YOU WAIVE ALL RIGHTS AND REMEDIES OF A BAILOR, RELATED TO OR ARISING OUT OF ANY POSSESSION, STORAGE OR SHIPMENT OF YOUR PRODUCTS BY HOMEDEVO OR ITS AGENTS OR CONTRACTORS
Upon termination of these terms and conditions of FDHD, Homedevo will as directed by You either return the units in our storage facilities or dispose of the units as suggested by You. However, if you fail to direct us within 60 days of first notification, Homedevo will proceed to take an action and may return or dispose either whole or in part and You will be deemed to have consented to our action.
Upon terminations of these FDHD terms, all rights and obligations of respective parties will cease to exist, except that the rights and obligations with respect to units received or stored by Homedevo as of the date of termination and will survive the termination
You will be solely responsible for all the taxes in connection to the units stored at Homedevo storage facilities and You acknowledge and understand that such units stored at Homedevo storage facilities may create a nexus of taxes. You also understand and acknowledge that You are solely responsible for the taxes in connection to any exports or foreign shipment of Your units which has been fulfilled by Homedevo under these terms and conditions.
In addition to Your representations given under General Terms and Conditions, You warrant and represent to Homedevo that: (i) You are the valid owner and have the valid legal title to all the units and You have all the necessary rights to distribute the units and to performs these terms and conditions; (ii) You will deliver all units in good and merchantable condition; (iii) all units and their labelling, marking and packaging and any other requirements as required by Law; (iv) no unit is or manufactured by child labor or by forced labor; (v) You and all your suppliers, distributors or any other subcontractors will strictly ensure compliance to local and applicable laws, its territories and all other countries where units are produced or delivered regarding the operation of their facilities and their business and labor practices including wages, labor working conditions, hours of work and minimum ages of work; and (vi) all exports can lawfully be exported to the foreign designated addresses and also can lawfully be imported into the country.
Homedevo Promotion and Advertisement Services
Homedevo Promotion and Advertisement Services (PAS) allows You to advertise Your products on Homedevo Site.
These PAS terms are part of the Agreement and unless specifically provided otherwise, concern and apply only when You are participating in PAS services.
BY APPLYING FOR AND REGISTER WITH PAS TERMS, YOU ON BEHALF OF YOUR BUSINESS YOU REPRESENT AGREE TO BE BOUND BY THE AGREEMENT AND THESE TERMS WHICH ARE MAKING PART OF PAS TERMS AND CONDITIONS.
Homedevo Promotion and Advertisement Features:
Your products may be advertised and displayed on all properties belonging to Homedevo. However, it is not guaranteed that Your Ads will be displayed on any particular property or that Your Ads will appear in any particular rank, position. Homedevo may at its sole discretion change, modify, determine content, design, appearance, functionality or all other aspects of Your Ads. Homedevo may also at its sole discretion remove Your Ads without giving any prior notice.
You are solely responsible for the content of Your Ads and You are responsible for the associated risks and obligations pertaining to the sale of Your products referred to in Your Ads. The information and URLs submitted to Homedevo by You is Your responsibility and to other URLs such links may refer to.
Homedevo may use a rating mechanism that will rate Your products or allow users of Homedevo Site to rate Your products and Your performance. Homedevo may make these ratings and feedback from the users publicly available. In this rating process Homedevo may use any means which are necessary to review and monitor Your Ads. This will improve our service and Ad quality.
Complete and Accurate Product Information
You will provide Ad and product information in the standard format as per Homedevo policies and procedures. This information must be complete and accurate in order to be processed. Such information shall be updated regular basis from Your side so that Ads does not mislead the users. Homedevo does not allow advertisement of unlawful products on it property and You will ensure that the information You provide are not about unlawful products.
Homedevo PAS Requirements:
In order not to compromise Homedevo reputation, You will treat users and customers linking to Your products via any of Your Ads, with courtesy and respect during the whole process right from placing the order for Your products till the final delivery and acceptance. You also pledge to resolve all the service matters as per our and customer satisfaction in a timely and professional manner. It is Your responsibility to ensure that Your products, Ads, sale, fulfillment and offer collectively are following applicable laws and regulations. You agree that You will not engage directly or indirectly in any fraudulent, unlawful, impermissible practices including but not limited to: (i) sending multiple listing of the same products in the same feed and sending multiple products under different products; (ii) generate fraudulent, unlawful, repetitive, impressions or other interaction whether through automated applications or otherwise; (iii) Retrieving any Homedevo property user information, whether through the use of automated applications or otherwise; (iv) not to target Your communications to the intended recipient being a user of Homedevo property; (v) Homedevo systems and Homedevo Network property shall not be interfered with; or (vi) illegal attempt to override any mechanism that Homedevo use to detect and prevent any of the activities mentioned above.
Payments and Other Related Matters
Payment for the promotion and advertisement services shall be paid by You to Homedevo and this payment shall be calculated based on the Fees Schedule attached to this Agreement. You also agree that You will pay the calculated amount to Homedevo in the applicable local currency. In addition to other methods mentioned in this Agreement, Homedevo may collect the services fees payable by You: (i) in accordance with the described payment mechanism; (ii) on recurring monthly basis for any unpaid amounts. If Homedevo invoice the outstanding amount payable by You, You will honor the invoices within 30 days of the invoice applicable date. Homedevo will charge interest at the rate of 2% per day for the outstanding amount if the invoiced amount is not paid within 30 days. The interest rate charged will be compounded on monthly basis on all the amount which are outstanding after the 30 days of invoice and until the invoiced amount is settled in full.
Agency Relationship and Agents
If You are agent and acting on behalf of other party, You: (i) warrant and represent that You have been appointed as an agent and that You are duly authorized to enter in to this agreement on behalf of whom You are representing and You are fully responsible for the obligations to be performed under this Agreement. You also agree that all Your actions will be within the scope of this agency Agreement and these terms will be enforceable against You; (ii) You will provide Homedevo a written confirmation between You and the party on behalf of whom You are representing and this written confirmation will include the party’s consent that You are acting on behalf and its agent; (iii) Other than the above representations as required by this Agreement, You will not warrant or promise about Homedevo Promotion and Advertisement Services; (iv) You will perform Your duties in professional manner and in accordance with the requirement Homedevo establishes; (v) You and the party on behalf of You are representing are each responsible for all payment obligations; (vi) You will not use any information obtained in connection with Promotion and Advertisement services to carry out any marketing activity; (vii) You will abide by all terms and conditions of this Agreement and this includes confidentiality and non-use obligations. You will not disclose any confidential information generated and collected in connection with the use of Homedevo Promotion and Advertisement Services. You will not use such confidential information other than managing, creating marketing campaigns and reporting purposes on Homedevo property.
Other Terms & Condition – PAS
In addition to the above terms and conditions of Homedevo Promotion and Advertisement Services (PAS) You represent and warrant to us that: (i) Your Ads links which leads to any website, You will at all times maintain privacy and comply with applicable laws and regulations in this regard; (ii) Your products, materials which are on Your website or any other website and has been linked to Homedevo website shall be in compliance with applicable laws and regulation and shall not be unlawful products and materials. The material and products shall not contain any misleading, defamatory, obscene and false content .
In addition to other indemnification obligation mentioned under this Agreement, You agree to indemnify, hold harmless, defend Homedevo, its affiliates, employees, management, agents , directors against any claims arising from or related to: (i) Your use of Homedevo PAS including the display of Your Ads, any content, data materials and any other information which link to Your materials and products on Your or any other website or any alleged and actual infringement of any rights; (ii) Your alleged or actual breach of terms and conditions, obligations, warranty and representation under these Services terms.
IN ADDITION TO ALL THE DISCLAIMERS GIVEN UNDER THIS AGREEMENT, HOMEDEVO DISCLAIM THAT YOU RELINQUISH ALL CLAIMS REGARDING ANY WARRANTIES ABOUT PERFORMANCE, QUANTITY, QUALITY, TARGETING, IMPRESSIONS, AUDIENCE SIZE, DEMOGRAPHICS AND ADVERTISING COSTS.
You may also authorize other parties or entities to access or use Homedevo Promotion and Advertisement Services on Your behalf through an application program interface or by any other means specified by Homedevo. Such authorization given to other parties or entities is conditional on Homedevo consent which Homedevo may grant or withdraw at its sole discretion without giving any explanation.
You will abide your API partner and Your API partner will comply with all the restrictions applicable under these terms and conditions including confidentiality and non-use obligations. This Agreement is between You and Homedevo and You will be fully responsible for the acts, omissions, obligation of Your API partner and these obligations, acts, omissions will be considered as Your obligations, acts and omissions.
Miscellaneous :
This Agreement is governed by governing laws and Homedevo and You both consent that in case of any dispute this Agreement shall be governed by local laws applicable in the country where the transaction has taken place.
Disclaimer
HOMEDEVO AND ITS SERVICES, INCLUDING ALL ITS MATERIALS, FUNCTIONS, CONTENT OF THE WEBSITE AND ANY OTHER INFORMATION AVAILABLE ON OR PROVIDED IN CONNECTION WITH PROVISION OF SERVICES, ARE PROVIDED ON “AS-IS” BASIS. IT IS SOLELY AT YOUR OWN DISCRETION AND RISK TO USE THE SERVICES, USE HOMEDEVO SITES AND OTHER FEATURES OF THE SITE. WE DISCLAIM: (1) ANY WARRANTIES, REPRESENTATIONS REGARDING THIS AGREEMENT, THE SERVICES AND THE RESULTING TRANSACTIONS UNDER THIS AGREEMENT INCLUDING ANY IMPLICIT OR EXPLICIT WARRANTIES OF MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICLUAR PURPOSE (2) IMPLICIT WARRANTIES AS A RESULT OF SEQUENCE OF DEALINGS, SEQUENCE OF PERFORMANCE, OR USAGE OF TRADE; AND (3) ANY PERFORMANCE OBLIGATION, LIABILITY, CLAIM, RIGHT WHETHER IT IS ARISING OUT OF OUR NEGLIGENCE OR NOT. WE DO NOT IN ANY WAY WARRANT THAT THE FUNCTIONS AND SERVICES OF HOMEDEVO WILL MEET YOUR REQUIREMENTS. WE ALSO DO NOT WARRANT TIMELY, SECURE, ERROR FREE AND UNINTERRUPTED AVAILABILITY OF THE SERVICES. (4) HOMEDEVO IS NOT INVLOVED IN ANY TRANSACTIONS THAT IS TAKING PLACE BETWEEN CUSTOMERS AND SUPPLIERS OR OTHER PARTICIPANT DEALINGS. INCASE OF ANY DISPUTE BETWEEN ONE OR MORE PARTICIPANTS, EACH PARTICIPANT RELEASES HOMEDEVO, ITS AGENTS AND EMPLOYEES FROM DAMAGES, CLAIMS OF EVERY KIND AND NATURE CONNECTED TO SUCH DISPUTES
Limitation of Liability.
Homedevo will not liable to You or any third party for compensating any investment carried out by You or any of Your partner as a result of this Agreement. Moreover, Homedevo will also not be liable for any damages arising out of this Agreement even if the costs has been suggested by Homedevo. However, the total liability of Homedevo shall be limited to claims paid by You to Homedevo for the last 3 months and this shall not exceed at any time.
Indemnification
You indemnify and defend Homedevo and its employees against any claim, damages, loss, settlement, expense or any other liability arising from or related to: (i) breach of any terms or provisions in this Agreement; (ii) any of Your personnel. To our satisfaction, you will use counsel to defend us against each claim. If at any time during the proceedings we determine that any claim indemnified is going against our interests, we will take the defense at our own expense.
Confidentiality Clause.
You may receive some confidential information relating to use of Homedevo service which may include transaction specific information which is not known to general public. You agree that (i) all confidential information remains property of Homedevo (ii) such information shall only be used to enable You to participate and avail the services of Homedevo; (iii) You agree that You will not disclose these information; (iv) You will take all the necessary and reasonable measures to protect the confidentiality of the information. Further You may not issue any public notice, or any press release related to the services or use our name or trademark without our advance written permission.
Homedevo Transaction Information Usage.
Any information provided during the course of transaction shall not be disclosed by You or Your affiliates except for performing obligations under this Agreement; (1) You will not use Homedevo information for marketing purposes whatsoever, or in any way inconsistent with the applicable law or our privacy policy; (2) You will not contact that customer which has purchased Your products with the intent or to influence that customer to make an alternative transaction; (3) denigrate Homedevo or its products or any of Homedevo customers; (4) any kind of targeted communication with the users of Homedevo Site. In addition to the above provisions, (5)You may also not use means and methods that Homedevo have not designated for the purposes of scheduling, communicating or cancelling the fulfillment of Your products(6) The seller, will not deal with a competitor company to merchandise/sell his own materials and furniture for a period of 5 years from the date of registration at home devo and approval of these terms and conditions.
Force Majeure.
We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control like any general economic crisis.
Relationship of Parties.
This Agreement does not create any joint venture, franchise, agency or any partnership between You and Homedevo and You have no authority to represent Homedevo. This Agreement does not and will not create any exclusive agreement between You and Homedevo. The warranties, guarantees, representation given hereunder this agreement are for the sole benefit of Homedevo, You and Customers.
As between you and us, you will be solely responsible for all obligations associated with the use of any third-party service or feature that you permit us to use on your behalf, including compliance with any applicable terms of use. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section.
This Agreement may not be assigned without Homedevo prior written consent. This Agreement will be binding on and be enforceable against the parties and their respective successors and assigns. We have the right in our sole discretion to determine the content, appearance, design, functionality, and all other aspects of the Services, including by redesigning, modifying, removing, or restricting access to any of them.
Homedevo is not acting as an agent for either of the parties i.e. the seller and the customer or third person and will not be bound by resolving disputes between seller and customer.
All the information regarding this Agreement will be notified through email designated by You for such notifications or updates in Your seller dashboard or by any other means specified by Homedevo. Homedevo may also communicate with You electronically and You consent to such communications regardless of any E-mail preferences. You may change your address information including E-mail in seller dashboard and while doing this You will ensure that information are up to date and accurate at all times.
Homedevo may modify the terms and conditions from time to time and You accept such modifications. If any provision is not in accordance to the laws then that provision will be deemed severable and shall not have any effect on the applicability of other provisions given hereunder this Agreement.
Intellectual Property Rights
Home devo is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Sites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with home devo, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by home devo are hereby reserved.
Home devo may have independent third parties involved in the provision of the Services, seller may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
Term and Expiry of the Agreement.
This Agreement gets into effect immediately after the completion of registration for availing services and continue until it is terminated by Homedevo or you as provided in this Agreement (the “Term”). Homedevo may suspend or terminate this Agreement or any Service provided herein for any reason at any time by notifying you. You may also terminate this Agreement or any Service for any reason at any time BY NOTIFYING HOME DEVO BEFORE ONE MONTH OF TERMINATION. Termination of one service may not result in to termination or suspension of any other service unless explicitly provided.
Termination of this Agreement & its Effect
Any rights and obligation of both the parties to this Agreement cease to exist upon termination except to the extent that rights and obligations of both the parties with respect to Your transactions occurring during the term will survive the termination or expiration of the term. The customer agrees to continue his subscription and his commitment to home devo terms and conditions automatically for a similar period unless a notice is sent to Homedevo to stop the subscription to Home Devo by the client, and the client / seller or buyer authorizes Home Devo to deduct subscription fees for a similar period.
Seller acknowledges that he has read all the terms and conditions contained in the Home Devo website especially the Buyer's Agreement as there are common and interrelated provisions and conditions, that the Seller and the Buyer are parties to the same sale and purchase transaction. All provisions contained in the Buyer Agreement and the Subordinate Obligations shall apply toward Seller and Third parties and other general provisions too, and the Seller acknowledges that he has reviewed and approved all the policies, terms, conditions and agreements contained in the Home Devo website.
The Payment gateway actual charges will be borne by the Seller