Terms & Conditions
1. SCOPE OF APPLICATION
1.1. These terms and conditions (the “Terms and Conditions”) apply between
TRAVENTIS International General Trading LLC, a company with limited liability, established and administered under the laws of the United Arab Emirates (“UAE”), licensed by the Department of Economy and Tourism in Dubai with License No. 1522416, having its place of business at Al Saqr Business Tower, 5th Floor, Office C-11, 91 Sheik Zayed Road – Trade Center – DIFC, Dubai, UAE (the “VENDOR”) and
any person or entity interested in purchasing or obtaining anything from the VENDOR (the “BUYER”),
(each individually a “PARTY” and collectively the “PARTIES”)
with respect to any product, spare-part and/or service (each a “Product”) and govern all transactions including without limitation the interest in, offer, acceptance, and conclusion of any sale, delivery, transport, warranty and service(s) (each a “Transaction”) in relation to any sales channels including without limitation over the counter, telephone, email, and any website or online portal operated by the VENDOR or any third party for the VENDOR.
1.2. In these terms and Conditions,
1.2.1. “Consumer” has the meaning given to it in UAE Federal Law No. (15) of 2020 on Consumer Protection and/or where applicable Federal Decree-Law No. (14) of 2023 on Modern Technology-Based Trade and
1.2.2. “Merchant” has the meaning given to it in UAE Commercial Transactions Law promulgated by UAE Federal Decree Law No. (50) of 2022.
1.3. The BUYER confirms, acknowledges, represents, and warrants to have read and accepted these Terms and Conditions and expressly approves and accepts them as an integral part of any Transaction. Unless agreed upon in Writing (as defined below in Clause [24.2.1]), no other terms and conditions or agreement wholly or in part contrary to these Terms and Conditions applies to any Transaction. Any terms and conditions of the BUYER, whether in purchase orders, confirmations, or otherwise, are hereby expressly rejected and do not apply to any Transaction.
1.4. The VENDOR may modify these Terms and Conditions at any time. The version of these Terms and Conditions applicable to an individual transaction are those confirmed or signed by the BUYER when submitting the offer.
1.5. Whenever a conflict between these Terms and Conditions and any specific agreement signed by both PARTIES, the proven specific agreement prevails only to the extent of this conflict.
2. CONTRACT FORMATION
2.1. The BUYER may offer to the VENDOR any Transaction for any Product by any of the following only:
2.1.1. Sending a Written offer by hand or by courier;
2.1.2. Sending an offer by email; or
2.1.3. Following the ordering procedures provided in the VENDOR’s online shop or digital platform, as made available and updated from time to time.
2.2. The offer of a BUYER who qualifies as Merchant constitutes an irrevocable offer that may not be withdrawn for a period of 14 (fourteen) calendar days from submission, unless otherwise agreed in Writing.
2.3. Upon the receipt of any offer, the VENDOR may verify the BUYER's creditworthiness, including without limitation credit checks and requests for financial information.
2.4. The VENDOR may accept any offer by confirming an offer to the BUYER in the form of: A Written letter of acceptance, email, and/or an electronically generated message from any website or online portal operated by the VENDOR or any third party for the VENDOR (“Acceptance”). The VENDOR's silence or inaction does not constitute Acceptance.
2.5. A contract on any Transaction is concluded with the Terms and Conditions set out in the Acceptance of the VENDOR to the BUYER.
2.6. Without prejudice to any provisions of Clause [20] below, the VENDOR shall upon the cancellation of any order before the Acceptance refund to the BUYER any payments made specifically for that cancelled order in the same way as the BUYER made that payment. For any Transaction, where the BUYER is not a Consumer, the VENDOR may deduct processing fees, bank charges, or costs incurred.
2.7. The VENDOR may request any additional information and/or verification of any information before or after the acceptance of an order.
3. PRICE & TERMS OF PAYMENT
3.1. The price for every Product (“Price”) is provided on the following website www.traventis-international.com. The VENDOR may amend any Price without prior notification at any time. The VENDOR may not apply any Price change to any order after its Acceptance.
3.2. Unless expressly stated otherwise by the VENDOR, e.g. on its website, or agreed by the PARTIES in Writing, every Price is inclusive of applicable Value Added Tax (“VAT”) and exclusive of any delivery and installation services. Any BUYER entitled to a reduced rate of VAT must indicate this in the relevant offer with supporting documentation. Whenever confirmed, the VENDOR will indicate the applicability of reduced VAT in the Acceptance.
3.3. Upon Acceptance, the VENDOR shall provide the BUYER with an invoice of any Product mentioned in the Acceptance.
3.4. The BUYER shall pay any invoiced amount to the VENDOR in accordance with the following conditions:
3.4.1. Unless agreed otherwise by the PARTIES in Writing, any payment must be made by telegraphic transfer, Debit Card, Visa Card, Master Card, PayPal, ApplePay or GooglePay; and
3.4.2. Any payment must be made in full on or before the 15th (fifteenth) working day from the date of the issue of the corresponding invoice (“Due Date”)
3.4.3. Any payment must be made in UAE Dirhams unless otherwise agreed in Writing. The BUYER shall bear any cost or risk of currency conversion.
3.5. The BUYER may not withhold payment or set off any amounts without the prior Written consent of the VENDOR.
3.6. In a Transaction that is classified as a commercial transaction in accordance with the UAE Commercial Transactions Law promulgated by UAE Federal Decree Law No. (50) of 2022, the BUYER shall pay to the VENDOR a late payment interest of 9% (nine percent) per annum on any outstanding dues from their Due Date onward.
3.7. In addition to any late payment interest as provided for in Clause [3.6] above, the BUYER shall indemnify and hold harmless the VENDOR from any direct and indirect costs, fees, expenses, damages and other liabilities caused by any late payment of the BUYER.
4. FINANCING
4.1. The VENDOR is not responsible for arranging, facilitating, or providing any financing or credit facilities in connection with the BUYER’s purchase of any Product.
4.2. Any financing arrangements made by the BUYER are strictly between the BUYER and the third-party financing institution, and the VENDOR bears no liability, obligation, or involvement in such arrangements.
4.3. The BUYER acknowledges and confirms that the availability, terms, and performance of financing are independent of the VENDOR’s obligations under this Agreement. The BUYER's payment obligations to the VENDOR remain absolute and unconditional regardless of any financing arrangements.
5. DEFERRED TRANSFER OF TITLE
5.1. The ownership of each Product is transferred to the BUYER upon the later of either the full payment of the Product or the delivery of the Product as provided for in Clause [6] below.
5.2. Until full transfer of ownership, the BUYER shall:
5.2.1. Maintain the Product in good condition;
5.2.2. Not sell, pledge, or encumber the Product without VENDOR's Written consent;
5.2.3. If the BUYER is a Merchant, keep the Product insured at own expense; and
5.2.4. Allow the VENDOR to inspect the Product upon reasonable prior notice.
6. DELIVERY, TRANSPORT & INSTALLATION
6.1. The VENDOR shall after full payment of all invoiced amounts by the BUYER deliver and hand over any Product to the BUYER at a location designated for that Product by the VENDOR in a notice served to the BUYER. The VENDOR shall make all reasonable efforts to deliver and hand over a Product to the BUYER at a time designated for that Product by the VENDOR in a notice served to the BUYER.
6.2. Whenever the VENDOR does not indicate a location by notice, delivery and handover takes place in accordance with ICC incoterm 2020 EXW (ex works) at the warehouse of the VENDOR. Whenever the VENDOR does not indicate a designated time for delivery, the VENDOR shall make all reasonable efforts to deliver the Product without undue delay to the BUYER.
6.3. The VENDOR may by serving a notice to the BUYER change the place and time of delivery at any time.
6.4. The BUYER may request by serving a Written notice not less than 5 (five) working days before the announced delivery to the VENDOR a delay of all Products of a delivery up to 10 (ten) working days from the announced delivery date. The VENDOR shall make all reasonable efforts to accommodate to the request of the BUYER. The VENDOR may charge additional storage or handling fees to a BUYER who is a Merchant.
6.5. The VENDOR shall store the Product free of charge for a time of not more than 15 (fifteen) working days after the designated time of delivery (“Free Storage Period”). The VENDOR may charge a late fee not exceeding 2% of the Price of a Product per week for nay Product not handed over within the Free Storage Period, for each commenced week after completion of the Free Storage Period. The VENDOR may rescind any Transaction or part thereof upon the BUYER not accepting a handover of a Product within 14 (fourteen) calendar days from the designated time of delivery of a Product.
6.6. The VENDOR shall only upon an agreement with the BUYER in Writing, email, WhatsApp, or electronic form generated by a portal or website arrange for shipment of any Product to the delivery address specified by the BUYER and shall only upon notice in the same form assume any costs for that shipment. Upon any delivery attempt failing due to insufficient access (e.g. entrance, front door, or stairwell being to narrow), or the BUYER’s absence at the specified delivery time and location, or due to any other circumstance attributable to the BUYER, the BUYER shall bear all costs associated with that unsuccessful delivery attempt.
6.7. Without prejudice to any mandatory consumer rights under the applicable Governing Law, the BUYER shall inspect any received Product and notify the VENDOR about any defect, within 2 (two) calendar days of the date of delivery of the Product or upon discovery of a hidden defect 2 (two) calendar days of the date of that discovery. Any such notification must be in Writing or by email, must reference the relevant Product and the order number, must be in English, and must include photographic or video evidence of the defect. Unless notified in accordance with this Clause
6.7, the VENDOR is not responsible or liable for the defect.
7. SOFTWARE
7.1. A Product can require the use of software to operate and/or achieve full functionality. The BUYER hereby acknowledges that that software is not provided by the VENDOR and is subject to a separate contractual agreement between the BUYER and the software provider.
7.2. The VENDOR makes no representations or warranties, express or implied, regarding any software, including but not limited to its performance, compatibility, merchantability, or fitness for a particular purpose. The VENDOR is not liable for any loss, damage, or claim arising directly or indirectly from or related to the software, its installation, use, failure, or any malfunction.
7.3. The BUYER is solely responsible for obtaining, installing, using, and maintaining the software in accordance with the terms and conditions set forth by the software provider. Any support, updates, or warranties related to the software are governed exclusively by the contractual agreement concluded with the software provider.
7.4. Whenever the BUYER encounters and proves a defect or malfunction in the software, the VENDOR shall make economically reasonable efforts to facilitate communication between the BUYER and the software provider to assist in resolving the issue. However, the VENDOR does not assume any responsibility or warranty for the successful correction of any software defect or malfunction, nor does the VENDOR guarantee any specific outcome or timeline for resolution.
8. USAGE & INSTALLATION
8.1. The VENDOR shall procure to make available at any time manuals for the usage, placement, installation, and fixing for every Product.
8.2. Each Product and any software associated therewith must be used for its intended purpose, in the intended intensity and in accordance with all applicable laws, resolutions or technical regulations, all approved safety and other standards, safety instructions and usage guidelines, and state of personal health of any user (“Contemplated Usage”). The BUYER shall use any Product and associated software only within the scope of the Contemplated Usage and shall ensure the same compliance by any third party using or acquiring the Product and associated software, including, without limitation, any person using it without the BUYER’s express objection, any person acquiring it directly or indirectly through resale or other transfer, or any person using it without objection from any subsequent owner.
8.3. Each Product must be installed, positioned, and fixed in a manner that aligns with its intended purpose and expected usage environment, and in accordance with all applicable laws, technical regulations, approved safety and installation standards, usage guidelines, and the structural conditions of the relevant location (“Contemplated Installation and Fixing”). The BUYER shall carry out any installation, positioning, or fixing of the Product solely within the scope of the Contemplated Installation and Fixing and shall ensure the same compliance by any third party acquiring or installing the Product whether directly or indirectly, and regardless of whether such use occurs with or without the BUYER’s express objection.
9. WARRANTIES, PRODUCT SUPPORT & SERVICES
9.1. For any BUYER who is a Consumer, the VENDOR provides to the BUYER a warranty on a Product and any spare part associated to that Product as provided for in this Clause [9] (“Warranty”) valid for 1 (one) year from the day of delivery of the Product and/or spare part. The Warranty constitutes the sole and exclusive remedy of the BUYER in the event of any defect, damage, or non-conformity of a Product or any associated spare part.
9.2. The VENDOR shall exercise the Warranty solely by either repairing a damaged Product or providing any relevant spare part in full discretion of the VENDOR. Alternatively, the VENDOR may replace the damaged Product at its sole discretion.
9.3. The Warranty applies only in the UAE and does not cover any Product or part thereof that is subject to normal wear and tear (including but not limited to cables, upholstery, rubber and plastic components).
9.4. The Warranty becomes automatically void upon:
9.4.1. Any Product or spare part being used inconsistently with its Contemplated Use and/or being placed, installed, and/or fixed in deviation of its Contemplated Installation and Fixing; and/or
9.4.2. The Buyer failing to timely notify a defect in accordance with the provisions of Clause [6.7] above.
9.5. The Warranty is without prejudice to any mandatory rights of the BUYER under the Governing Law (as defined below in Clause [22.2] below).
9.6. The BUYER shall indemnify, defend, and hold harmless the VENDOR from any Liabilities (as defined below) directly or indirectly caused by:
9.6.1. Any services, support activities, or spare parts provided by the VENDOR at the request of the BUYER under a warranty that is not applicable to the relevant Product or Transaction; or
9.6.2. Any express or implied warranty, representation, or assurance provided by the BUYER to any third party, including end customers or resellers, without prior Written authorization from the VENDOR.
9.7. For any BUYER who is not a Consumer, the VENDOR provides no warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Products and spare parts are provided in their current condition. The BUYER acknowledges that it has had the opportunity to inspect them and accepts them as delivered.
10. PRODUCT SAFETY
To the extent defined as a supplier in accordance with the UAE Federal Law No. (10) of 2018 on Product Safety, the VENDOR assumes all obligations under the UAE Federal Law No. (10) of 2018 on Product Safety as such supplier for a Product.
11. NO MEDICAL PRODUCTS
11.1. The VENDOR hereby declares and the BUYER hereby acknowledges that no Product is sold as medical device or pharmaceutical product within the meaning of UAE Federal Decree-Law No. (38) of 2024 on Medical Products, Pharmacists and Pharmaceutical Establishments or any other laws of the UAE applicable to any diagnostic, therapeutic, or other medical purposes (“Medical Purposes”).
11.2. The BUYER shall abstain from using any Product for Medical Purposes. The BUYER shall further ensure the same compliance by any third party using or acquiring the Product including, without limitation, any person using it without the BUYER’s express objection, any person acquiring it directly or indirectly through resale or other transfer, or any person using it without objection from any subsequent owner.
12. INTELLECTUAL PROPERTY
12.1. The BUYER acknowledges that the VENDOR does not grant any ownership, title, or license to the BUYER in respect of any intellectual property rights, whether registered or unregistered, including but not limited to patents, trademarks, service marks, trade names, domain names, copyrights, design rights, database rights, trade secrets, know-how, rights in software (including source code and object code), and any applications for the protection or registration of such rights, and all renewals, extensions or restorations thereof, in any jurisdiction worldwide (“Intellectual Property Rights”) in or related to any Product.
12.2. The BUYER shall abstain from modifying, reverse engineering, decompiling, disassembling, or creating derivative works based on any Product or any associated intellectual property. The BUYER shall further abstain from removing, altering, or obscuring any trademarks, labels, or intellectual property notices affixed to any Product.
12.3. The BUYER shall immediately notify the VENDOR in Writing of any suspected infringement, misuse, or unauthorized use of the Intellectual Property Rights relating to the Product and shall cooperate fully with the VENDOR and/or the intellectual property owner in any enforcement actions.
13. CONFIDENTIALITY
13.1. For B2B Transactions with a Merchant BUYER, each PARTY shall keep confidential all information received from the other PARTY that is marked as confidential or would reasonably be considered confidential, including but not limited to pricing, technical specifications, business strategies, and customer information ("Confidential Information").
13.2. The obligation provided for in Clause [13.1] above does not include information that:
13.2.1. Is or becomes publicly available through no breach by the receiving PARTY;
13.2.2. Was rightfully known before receipt;
13.2.3. Is independently developed; or
13.2.4. must be disclosed by law, administrative or court order.
13.3. Each PARTY shall use Confidential Information solely for the purposes of performing under these Terms and Conditions and shall not disclose it to third parties without prior Written consent, except to employees, agents, or advisors on a need-to-know basis under similar confidentiality obligations.
13.4. These confidentiality obligations survive termination of any Transaction for a period of 3 (three) years.
14. PERSONAL DATA
14.1. The VENDOR, as data controller for BUYER personal data collected in Transactions, shall process such data in accordance with applicable law and its privacy policy as updated and amended from time to time.
14.2. The BUYER shall comply with all relevant provisions of the Governing Law and if applicable any further applicable laws to the BUYER relating to data protection and privacy.
14.3. Each PARTY shall independently ensure that the collection, use, disclosure, transfer, or other processing of personal data in connection with the Transaction contemplated in these Terms and Conditions is carried out in accordance with the applicable mandatory provisions of the Governing Law. The BUYER shall further independently ensure that the collection, use, disclosure, transfer, or other processing of personal data in connection with the Transaction contemplated in these Terms and Conditions is carried out in accordance with the provisions of any law applicable to the BUYER other than the Governing Law, if any.
15. FORCE MAJEURE
15.1. Whenever the VENDOR is prevented, hindered, or delayed from performing any of its obligations and/or warranties or exercising any of its discretionary authorities in relation to any Transaction fully or in part directly or indirectly due to any circumstance not within the VENDOR’s reasonable control including, without limitation: acts of God, flood, drought, earthquake or other natural disaster, epidemic or pandemic, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations, terrorist attack, civil war, civil commotion or riots, or strike or lockout; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition; collapse of buildings, fire, explosion or accident; and interruption or failure of utility service (each an event of “Force Majeure”), any affected obligation, warranty and/or discretionary authority is suspended and the time for any performance and/or exercise extended until a reasonable time after the end of any Force Majeure.
15.2. To claim any suspension provided for in Clause [15.1] above, the VENDOR must:
15.2.1. Upon knowledge of the respective event of Force Majeure without undue delay notify the BUYER of the Force Majeure Event, the date on which suspension started; and
15.2.2. Use all reasonable endeavours to mitigate the effect of the Force Majeure on the performance of its obligations, warranties and/or exercise of discretionary authority.
15.3. If the VENDOR suspends the delivery of any ordered Product for a period of more than 6 months) from the date of the BUYER’s receipt of the notification contemplated in Clause [15.2.1] above, the BUYER may rescind the Transaction for the delivery of that Product to the extent affected by Force Majeure in accordance with the provisions of Clause [20] below.
16. INDEMNITY
The BUYER shall indemnify, defend, and hold harmless the VENDOR from and against any losses including without limitation compensation of or indemnification for damage to property and/or personal injury losses, fines, costs, expenses, payments required to be made under orders, judgments, decrees or other directions of any government authority, interests and penalties, and reasonable out-of-pocket expenses (including e.g. reasonable attorneys’ and accountants’ fees and disbursements), amounts paid in settlement and court costs ,indirect, special, punitive (other than any punitive losses arising out of or resulting from any third party claims), incidental or consequential losses arising in connection with any Transaction contemplated herein (“Losses”) incurred to the VENDOR directly or indirectly arising out of or in connection with:
16.1. Any breach by the BUYER of these Terms and Conditions including without limitation any use of a Product other than the Contemplated Usage, and installation and/or fixing of a Product other than the Contemplated Installation and Fixing as well as any unauthorized modification of a Product;
16.2. Any breach by the Buyer of any other agreement with the VENDOR regarding the Transaction contemplated in these Terms and Conditions;
16.3. Any breach of a contract concluded between a third party and the BUYER (or another third party with approval or consent of the BUYER) related to any Product (e.g. software contracts and licensing agreements, repair services from third parties, etc);
16.4. Any claim by third parties arising from the BUYER’s use of the Product;
16.5. Any breach or infringement by the BUYER of any Intellectual Property rights) including without limitation any third party intellectual property rights); and/or
16.6. Any contravention to any law applicable to the BUYER.
17. VENDOR’S LIABILITY
17.1. To the extent legally possible under any applicable law, any liability of the VENDOR for any Losses incurred to the BUYER and/or any third party is excluded in any of the following cases:
17.1.1. Any usage of a Product other than the Contemplated Usage,
17.1.2. Any placement, installation, or fixing of a Product other than the Contemplated Installation and Fixing,
17.1.3. Any liability arising fully or in part caused directly or indirectly by an action or omission of any third party not approved by the VENDOR for that specific action or omission undertaken,
17.1.4. Any action or omission of the VENDOR unless intentional, fraudulent and/or grossly negligent, and
17.1.5. Any indirect damages (including without limitation any consequential and/or punitive damages).
17.2. Without prejudice to any provisions of mandatory Governing Law to the contrary, intent, fraud, or gross negligence, and any of the exclusions provided for in Clause [17.1] above, the VENDOR limits its total liability in connection with and/or resulting directly or indirectly out of any Transaction to the Price paid by the BUYER for that specific Transaction, unless damages directly result from the death or injury of a person.
18. ASSIGNMENT & SUBCONTRACTING
18.1. The VENDOR may assign, novate, and/or transfer any of its rights or obligations in the Transaction contemplated in these Terms and Conditions to any third party without the BUYER’s consent, provided that the VENDOR provides notice to a BUYER who is a Consumer and the assignment does not reduce the BUYER's statutory rights.
18.2. The VENDOR may subcontract any of its obligations to qualified third parties while remaining responsible for performance
18.3. The BUYER shall abstain from assigning or transfer any of its rights or obligations in the Transaction contemplated in these Terms and Conditions without the VENDOR’s prior Written consent.
19. MODIFICATIONS TO ANY TRANSACTION, WAIVER
19.1. Any initial or subsequent modification, variation, amendment, change, or cancellation to these Terms and Conditions or to any legally relevant communication related to a Transaction contemplated in these Terms and Conditions must be agreed upon by the PARTIES in Writing.
19.2. No failure or delay by either PARTY in exercising any right or remedy constitutes a waiver of that right or remedy. A PARTY may for a specific instance waive any of its rights, discretionary authorities or remedies only by notifying the other PARTY in Writing.
20. RESCISSION
20.1. Without prejudice to any other rescission rights granted under applicable Governing Law, and without the need for a court order, a PARTY may rescind the Transaction, in whole or in respect of specified Products, with immediate effect by serving a Written notice on the other PARTY only in any of the cases provided for in this Clause [20].
20.2. Recission from the VENDOR can occur in any of the following circumstances:
20.2.1. Upon the BUYER becoming bankrupt, insolvent, entering into bankruptcy or insolvency proceedings, or becoming subject to any such proceedings initiated against the BUYER;
20.2.2. Upon the BUYER failing to make any due payment in full within 15 (fifteen) working days after that payment becoming due;
20.2.3. Upon the BUYER not accepting delivery of any Product within 15 (fifteen) working days after the designated time of delivery as provided for in Clause [6.5] above;
20.2.4. Upon the BUYER materially breaching its obligations listed under Clause [16] above including but not limited to the breaches provided for in Clause [15.3] above and/or upon a BUYER, who qualifies as Merchant, materially breaching any of its obligations or warranties arising out of or in connection with the Transaction;
20.2.5. Whenever the BUYER made untrue or contradicting statements, that affect the ability of the SELLER’s the performance of an obligation (including without limitation false address, other contact information, banking or other payment related data),
20.2.6. Upon the BUYER reselling any Product (even acquired in another Transaction) outside of the UAE,
20.2.7. Upon the BUYER modifying or tampering with any software installed on or used by any Product or by violating the software’s license terms, or
20.2.8. Upon the VENDOR’s supplier ceasing, suspending, terminating, or stopping the delivery or relationship with regards to a concerned Product.
20.3. Rescission from the BUYER can occur upon a period of notified Force Majeure as provided for in Clause [15.3].
21. CONSEQUENCES OF RESCISSION
21.1. Rescission is without prejudice to any rights, remedies, obligations, or liabilities of either PARTY (including without limitation any right to claim damages or indemnifications out of or related to the rescinded Transaction) existing and/or accrued before the date receipt of the rescission.
21.2. Upon rescission and subject to no mandatory applicable provision to the contrary under the Governing Law:
21.2.1. The BUYER shall immediately cease using any Product subject to the rescission, software associated therewith and/or cease to install or fix the Product;
21.2.2. The BUYER shall without prejudice to any applicable provision of UAE Federal Law No. (15) of 2020 on Consumer Protection or where applicable Federal Decree-Law No. (14) of 2023 on Modern Technology-Based Trade to the contrary at its cost and expense immediately, but latest within 10 (ten) working days return any received Product subject to the concerned rescission in its original condition to the VENDOR at the place of business of the VENDOR or any other agreed place; and
21.2.3. The BUYER shall cease using any software on any Product affected by the rescission (including without limitation any software concerning a Product of SCANECA, Ozonos, or Icaros, and in particular the Google Maps integration thereof), deactivate all licenses, and where applicable, delete any personal data (e.g., measurement data, location data) in accordance with all legislation under the Governing Law or otherwise applicable to the BUYER, or ensure that such data is deleted by the manufacturer before the return of the Product.
21.2.4. Without prejudice to VENDOR’s right to seek further compensation, the VENDOR shall upon receipt and inspection of a Product returned as provided for in Clause [21.2.2] above refund in a way at the VENDOR’s discretion to the BUYER any Price paid for the concerned Product minus any direct and indirect expenses, deducted indemnifications, loss in value of the Product, costs, fees, damages, and other Losses and liabilities.
21.3. The BUYER shall indemnify, defend, and hold harmless the VENDOR from and against any Losses incurred to the VENDOR directly or indirectly arising out of or in connection with any breach of this Clause [20].
21.4. The following Clauses of these Terms and Conditions survive rescission: [1], [13] as provided for therein, [16], [17], [18], [21], [22], [23], [24], and [25]
22. LANGUAGE, APPLICABLE LAW & DISPUTE RESOLUTION
22.1. These Terms and Conditions are made in the English and Arabic Language. To the extent legally permitted under the Governing Law, in case of any differences between the English and the Arabic version hereof, the English version prevails.
22.2. To the extent legally permitted under laws of the UAE, any Transaction and legal relation related thereto is subject to the laws of the UAE and the Emirate of Dubai without regards to conflict of law provisions (“Governing Law”). The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to Transaction and legal relation related thereto.
22.3. In the event of any dispute or controversy arising out of or in relation to any Transaction (“Dispute”), the BUYER must first try to settle this Dispute amicably by presenting the claim and its underlying reasons in Writing to the VENDOR. If no amicable settlement for such Dispute was reached within one calendar month or in case of any other Disputes and to the extent legally permissible, any Dispute is subject to exclusive litigation of the Dubai Courts (excluding the courts of the Dubai International Financial Centre - DIFC). Nothing provided for in this Clause [22.3] is to be interpreted to restrict a BUYER who is a Consumer from his or her mandatory consumer rights provided for under the Governing Law.
23. DATES & CALENDAR
All dates and time references are calculated in accordance with the Gregorian Calendar.
24. COMMUNICATIONS
24.1. To the extent permitted by the Governing Law, any communication between the PARTIES under or in connection with any Transaction must be in English.
24.2. Without prejudice to stricter provisions in these Terms and Conditions, each PARTY must make all notices, notifications, declarations, demands, and other communications under or in connection with a Transaction:
24.2.1. In writing, on paper and with a signature in own hand or by email with a qualified electronic signature meeting the standard therefore under applicable Governing Law (“Written” or “in Writing”)
24.2.2. By email;
24.2.3. By WhatsApp; and
24.2.4. In case of the VENDOR through messages generated by its portal or announcements on its website.
24.3. Any communication must be sent by personal handover, courier, email, WhatsApp, or portal generated message
Any communication addressed to the VENDOR must be addressed to the following contact details:
Physical Address:
Traventis International General Trading L.L.C,
Al Saqr Business Tower, Office C-11, 5th Floor,
91 Sheikh Zayed Road
Trade Center – DIFC,
Dubai, U.A.E
Email Address:
WhatsApp Contact Number:
[+971 58 588 5985]
24.4. The VENDOR must without undue delay notify the other PARTY of any change in its contact details by notice in Writing, email, WhatsApp, and/or portal generated message or an announcement on its website.
24.5. Any communication addressed to the BUYER must be addressed to the contact details provided by the BUYER to the VENDOR. The BUYER shall immediately notify the VENDOR in Writing or by email of any change in any of its contact details. Failing such notification, communication sent to the last known contact details is deemed valid.
24.6. Any communication is deemed received:
24.6.1. Upon delivery or after 2 (two) documented failed delivery attempts, if delivered by courier;
24.6.2. Upon transmission, if sent by email or portal generated message and no delivery failure notification is received within 24 hours of sending; or
24.6.3. Upon transmission indicated by two grey ticks on the message on the sender’s device if sent by WhatsApp.
25. SEVERABILITY
25.1. If any provision of these Terms and Conditions or any other agreed term in relation to a Transaction is held to be invalid, illegal, or unenforceable under the Governing Law, that provision is deemed severed from these Terms and Conditions to the extent of such invalidity, illegality, or unenforceability. The remainder of the agreement and these Terms and Conditions remains in full force and effect and will not be impaired or invalidated by such severance.
25.2. Upon severance, the VENDOR may unilaterally by serving a notice to the BUYER replace the invalid, illegal, or unenforceable provision with a valid and enforceable provision that most closely reflects the original economic intent and purpose of the severed provision. Such replacement takes effect immediately upon the receipt of the VENDOR’s notice and is deemed incorporated into these Terms and Conditions without the need for further consent or negotiation. Severance does not affect any mandatory rights of the BUYER provided for under applicable Governing Law.