Terms and Conditions of Sale

Last Updated: 02/09/2024

The following Terms and Conditions of Sale (“Terms of Sale”) constitute a binding agreement between you and the Company.

These Terms of Sale govern the purchase and sale of any of the products (“Products”) listed on our website www.ninjakitchen.ae (hereinafter referred to as the “Website”). Please read these terms and conditions carefully before ordering any Products from our Website. You should understand that by ordering any of our Products, you agree to be bound by these Terms of Sale.

We reserve the right to make changes to these Terms of Sale at any time by publishing a new version on our Website. Our applicable Terms of Sale are those published on this Website at the time you place your order.

For the purposes of these terms and conditions, the Customer and us will be collectively referred to as "Parties".

1. DEFINITIONS

1.1 “Company”, “we”, “us”, or “our” refers to Al Khayyat Investments LLC, including all entities directly or indirectly owned by Al Khayyat Investments LLC.

1.2 “Customer”, “you”, or “your” refers to the person or entity purchasing Products from the Website.

1.3 “Products” refers to any goods or items available for purchase on the Website, including but not limited to household appliances, kitchen gadgets and any related accessories or parts offered by the Company.

1.4 “Order” means the Customer’s request to purchase Products through the Website.

2. SERVICE AVAILABILITY

2.1 Products are sold to private individuals for the Customer’s personal and not professional use. We reserve the right to cancel any order which in our opinion is excessive or not for personal use.

2.2 The Website is only intended for use by people resident in the United Arab Emirates ("Territory"). We do not accept orders from individuals outside the Territory.

3. PRODUCT AVAILABILITY

3.1 Only the Products currently displayed on the Website are offered for sale (subject to stock availability).

3.2 Photographs of Products on the Website are for indicative purposes only and shall not be relied on by the Customer in any way. The Customer is required to read the description of each Product to be aware of specific details relating to the Product.

4. ORDERS

4.1 If you wish to place an order, you may select Product and add it to your basket by clicking on the "Add to cart" button.

4.2 You may do the following at any time:

(a) check the number of Products in your basket, get detailed information on each Product, and redeem promotional codes, if any, by clicking on the "My basket" button,

(b) continue adding Products by clicking on the "Continue shopping" button,

(c) complete your order by clicking on the "Proceed to checkout" button.

4.3 All new Customers are advised to create a Customer account “Customer Account” before placing an order. You must complete the form provided, which will include key information to identify yourself, a valid email address or a mobile number, all of which will serve to confirm your identity on the Website in the future.

4.4 All customers with an account will be required to login to their Customer Account by providing their email address or mobile number. Subsequently, an OTP (One-Time Password) will be sent to the provided contact information, and the Customer must enter the OTP to complete the verification process. Any order placed using your email address will be deemed to have been made by you and you will be responsible for any such order made. We therefore recommend always keeping such information private and confidential at all times.

4.5 You are required to provide us with the information that we request about you as this information is necessary to enable us to identify you and to process and deliver your order. The information you provide to us will remain confidential and will be kept and used by us in accordance with our Privacy Policy

4.6 After clicking on the "Proceed to checkout" button, you will be asked to select a delivery and payment method, you must provide delivery and billing addresses for your order.

4.7 Once you have selected a delivery method you will be shown the total cost of your order, including the cost of gift wrap and delivery (if applicable). You may go back to review and amend your basket at any time before you confirm your order.

4.8 Once you have double-checked your order summary, you must click on the "Continue to Payment" button to confirm your order. Before you confirm your order, you must tick the box confirming that you have read and accepted these Terms of Sale.

4.9 By confirming your order you agree to be bound by these Terms of Sale and the information set out in the order summary. Your order constitutes an offer to buy your selected Products from us and will be subject to our acceptance in accordance with clause 6 below.

4.10 We reserve the right at our sole discretion to refuse an order if:

(a) it considers the order to be excessive or not for personal use as described in condition 2 above;

(b) there is any ongoing dispute with the Customer;

(c) there has been total or partial non-payment of a previous order placed by the Customer;

(d) the bank has declined the bank card payment submitted by the Customer; or

(e) in our opinion there is any other legitimate reason (including but not limited to the non- availability of the Product(s), the order being abnormal or unusual or any lack of good faith on the part of the Customer).

5 . PRICING AND PAYMENTS

5.1 All prices are displayed in AED and are inclusive of AED VAT (where applicable).

5.2 Prices for Products and delivery charges will be as quoted on the Website at the time of placing an order. The delivery charge will be added at order summary stage prior to the Customer clicking on the submit order button.

5.3 Payment must be made using the online payment methods provided on the Website. We accept Visa, MasterCard, Apple Pay and Samsung Pay.

5.4 During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed. Please note that we will collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy Policy

5.4 The card will be debited when the order is placed. The amount debited corresponds to the Product(s) ordered by the Customer plus the gift option chosen by the Customer, where applicable. In the event that the Products were to become unavailable between placement of the order and shipment, we will refund the Customer for the unavailable Products.

5.5 We take reasonable measures related to the security of electronic payments, in particular on the Internet, and more secure access to online banking services but cannot guarantee security of online payment. Nevertheless, by making any online payment you are assumed to know the different risks in relation to usage of online payment such as third party hacker stealing your card details etc.. hence you irrevocably waive any claim you may have against us in relation to your usage of the online payment.

5.6 Where a credit card chargeback is initiated without valid reason or in breach of our Terms of Sale , we reserve the right to dispute the chargeback and may take further action to recover any fees or losses incurred. This may include suspending your account, canceling pending orders, and pursuing legal remedies.

For more information, please contact your banking institution or your normal payment service provider.

6. ORDER CONFIRMATION

6.1 When you submit an order and successfully make the payment, we will send you an e-mail to the email address and a confirmation SMS to the mobile number you provided to acknowledge that we have received your order and that your order is being processed.

6.2 Once the Product(s) you have ordered are ready for dispatch we will normally send you a further email summarizing your order details and confirming that your Product(s) have been dispatched ("Order Confirmation").

6.3 We generally aim to process orders within 24-48 hours, but we cannot be held responsible for delays.

6.4 Upon successful completion of the delivery, you will receive a confirmation email regarding the delivery status.

6.5 We offer free next day delivery within UAE for orders that are placed before 2 PM from Monday to Friday.

Orders placed after 2 PM from Monday to Thursday will be scheduled for delivery within two days but note that the delivery might extend to three business days if the order is placed on Friday.

Orders placed before 2 PM on Saturday will be delivered on Monday. Orders placed on Saturday after 2 PM and/or Sunday will be delivered on the following Tuesday.

Orders placed on the Website on a public holiday that falls on any day other than Sunday will be processed on the following working day.

6.6 A contract of sale between you and us ("Contract") is formed when we send you the Order Confirmation.

6.7 The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.

6.8 We reserve the right to refuse any Order at our discretion, including for reasons such as unavailability of Products, errors in pricing, or issues with payment.

7. DELIVERY

7.1 We offer free standard delivery to addresses within UAE. Orders are typically delivered the next day.*

*Delivery times may vary based on your location (Example: Abu Dhabi, Northern Emirates), public holidays and adverse weather conditions.

7.2 The delivery charge for your chosen delivery method will be shown in your order summary before you submit your order and confirmed in your Order Confirmation. We offer free shipping on all orders within UAE. This offer applies to standard shipping and is valid for all purchases made through our Website.

7.3 We will not be liable to you for any errors in the delivery address provided by you or for any subsequent change of address of which we have not been notified and acknowledged prior to dispatch.

8. RECEIPT OF ORDER

8.1 The Products will be your responsibility from the time of delivery.

8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

8.3 When you receive your order, you must check that the Products received are in conformance with your order. Please contact us if you encounter any problems with your order (for example, missing or damaged items). You may contact our customer services by:

(a) email – customercare.sharkninja@akigroup.com or

(b) telephone - 8002272 (lines open Monday to Friday, 8:30 am to 5:30 pm).

9. RETURNS AND REFUNDS

9.1 You have the right to return Products that do not meet your satisfaction within 7 days of receiving your order. For Products under special discounts the return period is 7 days.

9.2 We are under a legal duty to ensure that any Product that you purchase from us through the Website will, on delivery, confirm in all material respects with its description, be of satisfactory quality and be reasonably fit for the purposes for which that Product is commonly supplied. If you receive a defective product, you may return it within 7 days of receipt for a full refund. Please ensure the product is in the condition it was received, with all the original packaging and accessories.

9.3 In order to initiate a return, contact our customer service team at customercare.sharkninja@akigroup.com or 8002272

9.4 Refunds will be processed within 7-15 days of receiving the returned Products and will be made to the original payment method.

9.5 The cost of returning the Products will be your responsibility unless the return is due to a defect or error on our part. In the case of defective products, we will cover the return shipping costs.

9.6 Exclusion of the Rights to Return.

Notwithstanding the foregoing, no return nor refund shall be considered in any of the following cases:

• When the Product has been used and/or is no longer in the same condition as it was delivered;
• The return and/or return request has passed the above-mentioned 7 days (unless otherwise dictated by the applicable regulations in the UAE);
• Products that have been customized at your special request.

For a return upon request, our third party logistics company will come and collect the return from your order location.

9.7 You have certain rights as a consumer, including legal rights relating to faulty or misdescribed goods. Nothing in these terms and conditions of sale will affect your legal rights. If you would like information about your legal rights you should contact your local authority trading standards department or citizens’ advice bureau.

9.8 If you are not satisfied with your Product(s) for any reason, please contact us as set out in section _9.3_.

10. WARRANTIES AND REPRESENTATIONS

As the Customer, you warrant and represent that:

10.1 You are legally capable of entering into binding contracts and have the full capacity to agree to these Terms;

10.2 All information you provide to us, including payment and shipping details, are accurate, complete, and current;

10.3 You will use the Products purchased through our Website only for their intended and lawful purposes, in accordance with all applicable laws and regulations;

10.4 You comply with all Terms and Conditions of Sale and any other applicable policies.

11 FORCE MAJEURE

11.1 We are not liable for any delay or non-performance of our contractual obligations relating to our Contract with you if such failure or delay results from any circumstance or event beyond our reasonable control (a "Force Majeure Event") including but not limited to:

(a) a total or partial disruption or strike affecting, in particular, the postal services or means of transport and/or communication;

(b) any default of our suppliers or sub-contractors;

(c) fire, explosion or other catastrophes;

(d) any denial of use of any railway, motorway, port, airport or other means of transport for any reason;

(e) breakdown of plant machinery, computers or vehicles;

(f) war, threat of war, armed conflicts, rebellion, sabotage or riots, acts of terrorism and actions by civil or military authorities resulting from such acts, civil commotion; or

(g) extreme adverse weather conditions including flood, earthquake, snow, windstorm or other natural disasters or acts of God.

11.2 We will notify you in the event of a Force Majeure Event within 5 working days of its occurrence and shall be relieved of its obligations to you until the applicable Force Majeure Event is over.

11.3 If the Force Majeure Event affecting us continues for over thirty (30) days, both Parties shall be excused from their contractual obligations towards each other and where appropriate we will refund you at the earliest opportunity.

12. LIMITATION OF LIABILITY

12.1 Our liability for any loss or damage arising out of or in connection with the sale of Products is limited to the purchase price of the Products.

12.2 We are not liable for any indirect, special, or consequential losses, including loss of profit, revenue, or data.

13. ENTIRE AGREEMENT

All services provided to you by us are subject to these Terms of Sale and supersede any previous written or oral representations given or made by us or any of our representatives. Those terms and conditions can be amended by us at our discretion and your usage of our Website will be construed as a consent of the terms prevailing at the time of such usage.

14. GOVERNING LAW & JURISDICTION

The Contracts for purchase of Products through this Website shall be governed by the laws of the United Arab Emirates, and any disputes will be resolved in the competent courts of Dubai.