THIS WEBSITE IS OWNED AND OPERATED BY NAMASTEA, DUBAI A COMPANY FORMED UNDER THE LAWS OF THE UNITED ARAB EMIRATES.
Information regarding the company registered in free zone
In using this website you are deemed to have read and agreed to the following terms and conditions: The following terminology applies to these Terms and Conditions, Data Security and Disclaimer Notice and any or all Agreements: “Client“, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “Namastea”, “The Company“, “Ourselves”, “We” and “Us“, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
The law of the United Arab Emirates, as applicable in Dubai, governs these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions. Your terms and conditions shall not apply, unless accepted by us in writing. If any of these terms are deemed invalid or unenforceable for any reason then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE. United Arab of Emirates is our country of domicile.
Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
Before using this Site, you are required to examine the following general terms of sale and use (referred to hereinafter as «the General Terms of Sale and Use”).
Any access to or use of the Site implies the respect and unconditional acceptance of all of the General Terms of Sale and Use. In the event that you do not wish to accept all or any part of General Terms of Sale and Use, please discontinue all use of this Site.
NAMASTEA reserves the right to amend the terms, conditions and information in these General Terms of Sale and Use, as well as the legal information. These amendments are considered as accepted unconditionally when you access the Site, after it has been placed on line.
Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.
You acknowledge that these General Terms of Sale and Use constitute a complete, exclusive agreement between you and NAMASTEA in relation to your use of the Site.
All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore the Customers’ are encouraged to frequently visit these sections in order to be updated about the changes on the website. Modifications will be effective on the day they are posted.
Terms and conditions
The General Terms and Conditions and Use apply to all orders placed via this Site and this regardless of the clauses which may appear in the buyer’s documents.
NAMASTEA offers presented on the Site are intended solely for private individuals. NAMASTEA reserves the right to refuse to grant its offers to any professional retailer and to cancel any order placed by a professional at any time following the date of the order and for a duration of 12 months following the scheduled delivery date.
Any product and any sample available on the Site (hereinafter the “Product(s)”) are intended solely for personal use. You therefore pledge not to sell or to resell the NAMASTEA Products and samples which you purchase or receive.
NAMASTEA reserves the right to cancel, limit or reduce the quantity of any order which may be placed in breach of these General Terms of Sale and Use.
If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must retain a copy of transaction records and Merchant policies and rules.
1. Orders and validity of offers
1.1 The ordering procedure
A detailed description of the Products is available to any individual visiting the Site.
The system put into place involves active steps on your part. It complies with the requirements of law in the domain of online sales and consumer protection.
To order the Products you wish, enter onto the product sheet the items you wish to purchase by clicking on the photograph; select the desired packaging and quantity, then click on «Add to cart ». Your choices will be added to your cart automatically.
You may select several Products in a given reference by changing the quantities in your order summary and clicking on the button “Update cart”. You can also cancel one of the Products selected by registering “0” in the quantities reported or by clicking on the button “X” on the left of each Product.
Once you have successfully selected all the desired Products, click on “Proceed to checkout” in your cart. Then, fill-in the form with your complete delivery and billing details, or choose your mailing address among those already registered if you have an account. If you have any specific comments, you can type it in “Order notes”, this will be reviewed when we will process your order. Click on “Place Order” to validate these elements.
Finally, choose your payment means, check your order and click on “Order” to finalize your order.
In the event of omission of any of the previous elements, your order will not be valid.
At the end of the form, do not forget to tick boxes “I agree Terms and Conditions” and “I accept to pay for this order” otherwise your order will not be confirmed.
If you wish to modify/cancel your order, click on “Edit”. You will not be able to modify nor cancel your order once it will have been validated by our services and you will have received the email confirming it.
1.2 Order Acceptance
NAMASTEA pledges to accept orders placed via the Internet, within the limit of available stocks, on the terms of this instrument which you must declare you have read and accepted when you validate your order.
We commit to give you access, before concluding the contract, to the essential characteristics of the Products (nature, quantity, substantial qualities…), their price, forms of payment accepted, delay and delivery restrictions well as the condition and modalities of exercising the right of withdrawal.
Before concluding the sale contract, an order form will be displayed on your screen resuming in detail your entire order, the price (excluding cost of delivery) which you may modify or cancel. To allow validation of this order form, it is necessary firstly you to recognize that placing your order entail the obligation to pay in full and the fact of filling-in the order form appearing on the Site, to pay it and confirming it by clicking on the button «Place Order » constitutes full, entire acceptance of these terms, the only terms which apply to the contract concluded.
For all purchases on our Site, a confirmation e-mail will be sent to you mentioning your order number and a breakdown of the Products ordered well as information allowing you to following the preparation and delivery of Products.
In the event that the Products you have ordered are out of stock, NAMASTEA pledges to inform you, as rapidly as possible, by e-mail at the e-mail address you have indicated. NAMASTEA will communicate to you the delay for delivery of the Product or propose a substitute Product of equivalent value if you wish to do so.
NAMASTEA is not able to manage orders outstanding: if a product is out of stock without any precise replacement deadline, NAMASTEA will propose to reimburse the Product ordered, via the payment means used for your order.
Orders will be accepted only after receipt of full payment and will be confirmed by NAMASTEA by e-mail.
NAMASTEA reserves the right to cancel all orders which are invalid, suspicious or which are placed in poor faith. Furthermore, we reserve the right to refuse all orders from a client with whom any prior or ongoing litigation exists.
The prices displayed are in Emirati Dirham and all include tax (VAT and all other taxes at the rates which apply in force at the time of the order).
The prices are net prices including the price of the Products, the handling costs, packaging and storage costs. Prices are valid on the date of the validation of the order. They may be modified subsequently, without notice. They do not include the participation in the costs of carriage and delivery which may vary depending on the amount, the weight of the order and/or the country of shipment [Cf. link].
All orders delivered outside United Arab Emirates may be subject to possible local taxation and customs duty, which are entirely incumbent upon the buyer.
Possible customs duty may be requested of you by the transporter at the time of delivery. This duty and these possible taxes linked to the delivery of a Product are incumbent upon you and are your responsibility.
In no event shall NAMASTEA be required to bear additional expenses linked to the delivery of the order excluding costs of transport, described and invoiced at the time of the conclusion of your order on the Site.
The price indicated in the order confirmation is the final price including tax.
3. Payment Terms
The Products purchased on our Site are paid in full at the time of the order. The Products shall remain the property of NAMASTEA until full payment of the orders.
Payments are made by bank card (Master Card, Visa, American Express) or by Pay Pal.Your bank card will be debited at the time of the confirmation of your order (outside the US).
“We accept payments online using Visa and MasterCard credit/debit card in AED (or any other agreed currency)”.
For this purpose, you guarantee that you are the holder of the card to be debited and that the name appearing thereon is indeed your name.
4. Secure Payments
The electronic payment protocol utilized is HIPAY. It guarantees total confidentiality of personal data transmitted on the internet. Therefore, the information pertaining to your bank card is not kept on the Site and your payment can be consulted only in encrypted form thanks to the SSL protocol (confirmed by the appearance of the « https » in the URL displayed by your navigator).
However, to facilitate the buying process when you next order, a system is available for storing your banking data. For this, you must check the box “Optional – storage of this bank card” on the page containing the Site’s payment information. Your bank data are kept on the server of HIPAY Company in encrypted form only and are kept only for the period strictly necessary for managing the client relations which shall in no event exceed 2 years following the date of your last order.
The storage of your bank information is not mandatory for placing orders on the Site. Furthermore, you may delete your registered card information at any time by clicking on “My Account” – “My credit cards”.
5. Delivery shipment policy
NAMASTEA will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE”.
Multiple shipments/delivery may result in multiple postings to the cardholder’s monthly statement.
No deliveries shall be made to a country which is not on the list. No delivery shall be made to post office boxes.
NAMASTEA pledges to do its utmost to deliver the products ordered within the stipulated deadline here. It is specified that the orders registered on the Site on Thursdays afternoon, on Fridays or on Saturdays will not be handled until the following Sunday. Moreover, orders registered on the Site on a public holiday will not be handled until the following business day.
Finally, in the event of special operations (ex: Private sale, …) organized by NAMASTEA or by a third party, the time delivery of the Products may be exceeding the usual time period.
The delivery prices are as follows:
Carriage is owed for all orders outside United Arab Emirates at the minimum costs indicated and depending on the weight of your order.
The order is delivered to the delivery address you have chosen. The information stated and registered at the time of the order is binding upon you. In the case of an error in the wording of the recipient’s coordinates, NAMASTEA shall not be held responsible if it is impossible to deliver the Product(s) as a result of this error. Moreover, in this event, NAMASTEA cannot make a second delivery. The price of the order will then be reimbursed to you after receipt of the return package at NAMASTEA’s warehouse.
Products are shipped at the risk and peril of NAMASTEA. Risks are transferred to the client at the time of delivery of Products to the address indicated by him.
NAMASTEA guarantees that the products are in perfect condition when they are entrusted to the transporter. In the event that the Products were damaged, your reserves must be made in writing to the transporter at the time of delivery, or no later than 4 hours following this delivery. A copy of these reserves shall be sent to NAMASTEA by e-mail at the following address: email@example.com, no later than 12 hours after these reserves have been made.
If the foregoing procedure has been respected, and if it is proven that the reserves are due to the fact that the package and the Products are damaged, NAMASTEA will, at its discretion, issue a credit slip, reimburse the price paid to the client or make a new delivery of similar products.
6. Refunds and Cancellation Process Policy
No returns or exchanges of Products invalidated will be accepted. Refunds will be done only through the Original Mode of Payment.
Do we have something related to withdrawal in UAE
7. Conformity – warranty for hidden defects:
Products are subject to the legal warranty conditions stipulated in Articles L.211-4 to L.211-14 of the Consumer Code.
Therefore, in accordance with Article L.211-4 of the Consumer Code, NAMASTEA shall deliver to you a Product which complies with your order and shall be liable for all lack of conformity existing at the time of the delivery. NAMASTEA shall be liable for all lack of conformity.
In accordance with article L.211-5 of the Consumer Code, Product will be considered as conforming with the provisions of your order if one of the followings conditions is met:
1) The Product shall be suitable for the purpose usually expected for such a good and, if applicable: comply with the description given by ORIENTIS GOURMET, and possess all the qualities that ORIENTIS GOURMET exposed to the buyer by sample or model; present all the qualities that a buyer is legitimate to expect regarding public statements made by ORIENTIS GOURMET, the supplier or their representative, by advertising or labeling in particular.
2) The Product shall present the features defined by a mutual agreement between the parties, or be suitable for any specific purpose expected by the buyer, notified to ORIENTIS GOURMET and accepted by the later.
However, you alone are responsible for the choice of the Products, the preservation thereof from the time of delivery and the use thereof. In no event can NAMASTEA guarantee that the order meets your specific expectations.
7.2 Warranty for hidden defects
Pursuant to the provisions of Article 1641 and the following of the Civil Code, NAMASTEA is required to provide a warranty for hidden defects, namely « defects hidden in the product which make it unfit for the use for which it is intended, or which diminish such use to an extent such that the buyer would not have purchased it, or would not have paid as high a price for it, had he been aware thereof ».
In case of action in legal guarantee of conformity:
In the event of a delivery which does not comply with your order, you have up to 24 months after the delivery date to communicate your complaint to NAMASTEA. Furthermore, you do not need to prove the existence of a lack of conformity during a 6 months period as from the date of delivery.
In case of lack of conformity, you are entitled to choose between repair and replacement of Product. However, NAMASTEA is entitled not to fulfill the buyer’s choice if this choice involves a manifestly disproportionate cost, in contemplation with the other method, Product’s value or the importance of the defect. In this case, NAMASTEA shall proceed with the alternative the buyer did not choose.
In case of action in warranty for hidden defects:
Pursuant to the provisions of Article 1644 of the Civil Code, you are entitled either to restitute Product and to be reimbursed for the full price, or to keep Product and to be reimbursed solely for a part of the price, as this part will be determined by experts.
In accordance with article 1648 of the Civil Code this action shall be brought by the buyer in a 2 years period as from the discovery of the defect.
8. Ownership reserve
The Products delivered to you are sold with an ownership reserve. The transfer of ownership is subject to the payment of the price of the products in full, on the date agreed upon by the parties.
The Products therefore remain the property of NAMASTEA until full payment of the orders.
Conditions of use
NAMASTEA pledges to devote all necessary care to the implementation of the service provided to you.
The Site provides you with information (photographs, explanations), as an illustration, at a given time, regarding all the flaws, errors, omissions, inaccuracies and other ambivalences liable to exist. These elements are in no event binding. Furthermore, this information must be taken in to consideration at the time it is placed on line and not at the time the Site is consulted.
NAMASTEA shall not be held responsible for:
• interruptions, dysfunctions or the unavailability of the access to the Site;
• any misuse or poor configuration of your computer ;
• any damage of any nature whatsoever resulting from a fraudulent intrusion by a third party which has entailed a modification of the data placed at your disposal on the Site.
• any failure due to a fortuitous event such as, without limitation, disasters, strikes, fires, floods, the failure or breakdown of equipment, means of transportation, communication or due to your own actions.
• any indirect damage such, in particular, as loss of profits, loss of income, loss of data, loss of clientele which may result, among other things, from the use of the Site, or on the contrary the impossibility of using the Site.
10. Protection of personal data and confidentiality:
Namastea will use its best efforts to protect your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by the Company will only be in connection with the provision of agreed services and products. We will use our best efforts to provide the highest level of support in order to maintain maximum information security. However as you are aware – we cannot guarantee absolute security for the website and therefore cannot be held liable against it in any manner whatsoever.
11. Intellectual Property:
NAMASTEA is the exclusive owner of, or the beneficiary of an authorization to use, all the elements (text, logos, trademarks, images, sound elements, software, icons, layout, data base, domain names) appearing on the Site. Any total or partial reproduction or representation, on any media, of any element appearing on the Site is strictly prohibited, with the exception of copies for private, individual, personal, non-transmissible and non-commercial use, and subject to the respect of the intellectual property and all other property rights mentioned. Any sale or licensing of the elements constituting the Site is subject to the prior written approval of NAMASTEA; all violators are liable to legal prosecution.
NAMASTEA shall not be responsible in the event of the improper and/or unauthorized use of these elements.
Trackers facilitate navigation on the Site and the rationalization of registration and audience-rating procedures. Trackers are text files placed on your computer’s hard drive by a web page server. Your computer is undoubtedly configured to accept trackers. However, you may modify this parameter so that it will refuse them and NAMASTEA suggests that you do so if the use of trackers worries you.
When you visit the Site to seek, read or download information, NAMASTEA gathers and stores certain « visitor data » concerning you, such as the domain name and host computer from which you access the web, its internet protocol (IP) address, the date and time of the navigation on the Site and the URL from which you have accessed the Site. NAMASTEA utilizes this information to analyze and measure the Site’s attendance in order to help make it more useful. NAMASTEA destroys this information after a certain period of time. If you do not want NAMASTEA to collect this type of information, please do not navigate on the Site.
13. Web beacons
Some web pages on the Site may contain web beacons which enable the counting of the number of visitors to the Site and/or provide certain indicators to NAMASTEA.
These beacons may be used with some of our partners, in particular in order to measure and improve the Site’s efficiency.
In all events, the information obtained via these beacons is strictly anonymous and simply makes it possible to gather statistics on the attendance of certain pages of the Site, and this in order to better serve our Site’s clients.
You accept explicitly that you are using the Site at your own risk and under your sole responsibility.
The Site may include links to other websites or other internet sources. Inasmuch as the NAMASTEA company cannot control these sites and these external sources, and shall not be held liable for the content, advertising, products, services or any other material available on or from these external sites or sources. Furthermore, NAMASTEA shall not be held liable for proven or alleged damage or losses resulting from or related to the use or the fact of having relied on the contents, goods or services available on these external sites or sources.
The Products proposed comply with the United Arab Emirates laws in force. NAMASTEA’s liability shall not be incurred in the event of the failure to respect the laws of the country to which the Products are delivered. It is up to the client to verify with the local authorities the possibilities of importing or using the products it is planning to order.
Complaints or protests will always be received attentively and graciously, as the good faith of the party taking the time to explain his situation is always presumed.
In the event of a complaint, you may first contact NAMASTEA in an attempt to reach an amicable solution, by writing to NAMASTEA FZC, 530 Saaha Offices (Block B), Souk al Bahar, Downtown Dubai or by sending your e-mails to firstname.lastname@example.org.
16. Disputes – governing law
Only the Emirati version of these General Terms of Sale and Use shall be considered as the authentic version. In the event that they are translated into one or several other languages, only the Emirati text shall prevail in the event of litigation.
The parties’ rights and obligations are governed by Emirati law and in particular by the rules of distance selling (articles L 121-16 to L 121-20 of the consumer code), the law on confidence in the digital economy of June 21, 2004 and the data protection act of January 6, 1978.
For all disputes and protests, regardless of their nature or cause, only the Emirati courts will entertain jurisdiction.
17. « Games and Contests » organized by NAMASTEA and its partners
NAMASTEA may have occasion to organize games and contests on the Site. Participation generates an active participation on your part, in particular via an entry form to be filled-in or by entering a contestant’s code.
Notwithstanding the rules governing the participation at issue, the products to be won are available exclusively within the limit of available stocks.
Furthermore, the products won cannot be sold or exchanged.
18. The Newsletter
You may sign up for the NAMASTEA newsletter providing information on events involving NAMASTEA and its partners, by checking the box « Sign up for Newsletter » on the « invoicing information” page or on the host page by typing in your e-mail address in the allocated space.
You may discontinue this service at any time, by clicking on the “unsubscribe” link located at the bottom of each newsletter, by entering your e-mail address.