Terms And Conditions
Please read the Terms of Service carefully. If you continue to use the Maintive (“The Site”, “We”, “Us”), you have implicitly agreed to the terms and conditions. The Site is owned and maintained by Ali Asger & Brothers LLC (“Parent Company”). The Site is provided without any warranties or guarantees and in an “As Is” condition. The user (“You”) must bear the risks associated with the use of The Site. The Site provides content from other Internet sites or resources and while Maintive tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Maintive will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with The Site. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, Maintive, the Parent Company, or its suppliers will not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement. These Terms constitute a binding agreement between you and Maintive, and is accepted by you upon your use of The Site.
1. Our Contract
1.1.Your order is an offer to Maintive to buy the product(s) in your order. When you place an order to purchase a product from Maintive, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Received E-mail").
1.2.The Order Receipt Confirmation E-mail is acknowledgement that we have received your order and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer and conclude the contract of sale for a product ordered by you, when we ship the product to you and send e-mail confirmation to you that we the products are ready to be shipped to you (the "Shipping Confirmation E-mail").
1.3.If your order is shipped in more than one package, you may receive a separate Shipping Confirmation E-mail for each package, and each Shipping Confirmation E-mail and corresponding shipment will conclude a separate contract of sale between us for the product(s) specified in that Shipping Confirmation E-mail.
1.4.Your contract is with Ali Asger & Brothers LLC. Both you and Maintive can cancel your order for a product at no cost any time before we send the Shipping Confirmation E-mail relating to that product.
1.5.You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the Your Account area of the web site
2.1.Prices listed are inclusive of UAE VAT, and do not include shipping, handling fees, and/or duties, and are subject to correction or change without notice. Market sensitive commodity products will be priced according to current market conditions.
2.2.On our Site, you may place an order to purchase a product advertised for sale by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the "Place order and pay" button on the checkout page.
2.3.All orders placed by you and purchases of goods by you from us, are subject to acceptance by us. We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.
2.4.Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
2.5.Orders are processed during our business hours from Saturday – Thursday, 8:30 am – 6 pm. Any orders placed after this time will be processed on the following business day.
2.6.Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.
2.7.In addition, Maintive reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the quantity available for purchase per order and/or the number of individual orders that may be placed per customer per day; (ii) discontinue any product or service; (iii) impose conditions on the honouring of any coupon, coupon code, promotional code, or other similar promotion; (iv) bar any user from making or completing any or all transactions; and (v) refuse to provide any user with any product or service (vi): Refuse trade with individuals and companies owned or controlled by or acting for or on behalf of, OFAC targeted countries.
3.1.By submitting an order through the Site, you agree to pay the price of the Product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you. In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third-party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Site
3.3.By placing an order, you authorise us or our third-party payment processer to process your credit/debit card details for the amount of your order. We accept payment by:
b)via your wallet;
d)cash on delivery (an amount not exceeding AED 5,000)
3.4.By using a credit/debit card to pay for your order or purchase, you confirm that the card being used is yours or that you are authorised to use it. By using PayPal you confirm that the PayPal account being used is yours.
3.5.All credit/debit card holders are subject to validation checks and authorisation by the card issuer. All PayPal payments are subject to authorisation by PayPal. If the issuer of the card or PayPal refuses to authorise payment we will not accept your order or purchase, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your order or purchase or if PayPal charges you for making the order.
3.6.The standard transaction currency on The Site is UAE Dhirams (AED). If the customer is using a credit card supplied by banks other than those in the UAE, the amount on the credit card bill may differ due to exchange rate fluctuations and any charges that the card issuer/bank may have debited.
4.1.All goods are subject to availability. While we endeavour to hold sufficient stock to meet all orders and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available. Where goods are out of stock, we will refund you the price paid for such goods as soon as possible.
5.1.Fetchr is our primary parcel carrier within the UAE, and FedEx is our primary parcel carrier for orders delivered outside the UAE.
5.2.Orders Less Than AED 500 within the United Arab Emirates An AED 25 shipping and handling fee is charged to customers who are signed into their Maintive.com on orders totalling less than AED 500 for delivery within the Tier 1 serviceable region in the United Arab Emirates.
5.3.Orders of AED 500 within the United Arab Emirates No shipping and handling is charged to customers who are signed into their Maintive.com account for standard ground delivery on orders AED 500 for delivery within the Tier 1 serviceable region in the United Arab Emirates
5.4.For remote areas within the United Arab Emirates, delivery charges will be calculated at the time of check-out.
5.5.International Shipping Maintive offers worldwide shipping to its customers, subject to serviceability by our shipping partner, FedEx. Shipping cost is calculated using the volumetric weight of the cart items and will be charged to the customer while placing the order. All customs, duties, and taxes based on the importing country will have to be paid by the customer after the shipment has reached the importing country’s port. These charges are not collected at the time of placing an order with Maintive.
5.6.Most orders ship within 1 business day from the Maintive distribution facility.
5.7.Orders within the UAE are usually delivered within 2-3 business days subject to availability. Orders outside of the UAE are estimated to be delivered in accordance to the dates specified by our shipping partner at the time of placing the order.
6. Cancelling Orders
6.1.You may cancel your order immediately prior to shipping for any reason. You may cancel your order by sending us an email at [email protected] with your order number and contact information. Once an order has been shipped, you will no longer be able to cancel the order.
6.2.Our Cancellation. We may cancel your order(s) if:
a)you do not make any payment to us when it is due;
b)you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
c)you attempt to bulk or multi-order. We reserve the right to reject any orders, at our sole discretion, where we detect bulk purchasing or multiple units of similar products being purchased.
7. Returns & Refunds
7.1.You must return goods with all components and also any promotional items received (including free gifts) or discounted additional products within 14 days of delivery, with exception to those products in Clause 6.8. For more information on the ways in which you can return the goods you have received, please see the Returns section of our website here.
7.2.Following the return of any unwanted goods, subject to our inspection and approvals, we will refund you the price paid for them. We will refund you using the same means of payment as you used to pay for your order or purchase. In case of payment through Cash On Delivery, we will transfer the money back into the bank account provided by you.
7.3.Where you return the goods in an order, we will not refund the standard delivery charges.
7.4.Products distributed by Maintive are carefully packed and thoroughly inspected before leaving our facility. Any claim for discrepancies will be honoured only if reported within 7 days from receipt of shipment.
7.5.We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use includes handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. Products must be returned to Maintive in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale. Maintive reserves the right to withhold any refund until we have received and inspected the goods.
7.6.Products shipped outside of the UAE are not eligible for return. Once the order has been shipped out, you agree and are liable to pay the price of the Product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges.
7.7.Refund amount includes 100% of the product cost, but does not include any additional charges charged by your credit card provider or any other charges you may have incurred to receive the product.
7.8.Maintive does not accept the return of calibrated devices, software, items marked as “Final Sale”, and other products mentioned as non-returnable at time of purchase.
7.9.Where the Customer returns products to Maintive not in accordance with clause 6.1 – 6.8 above (for example, after the period for returns has expired or in an unfit state), Maintive may refuse to accept the return and return the products to the Customer at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing.
8.1.When ordering products from Maintive for delivery outside of the UAE you may be subject to import duties and taxes, which are levied once the package reaches your destination port
8.2.Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
8.3.Please note that when ordering from Maintive, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross- border deliveries are subject to opening and inspection by customs authorities.
9. Manufacturer's Warranties & Guarantees
9.1.All products purchased on Maintive are sold with a manufacturer’s warranty valid only in the UAE. Maintive does not offer any warranties other than those explicitly granted by the manufacturer.
9.2.Any complaint, query or claim under a manufacturer's warranty, guarantee or similar assurance must be made direct to the manufacturer and we do not have any responsibility or liability under or in connection with any such warranty, guarantee or assurance.
9.3.Any manufacturer's warranty, guarantee or similar assurance applies in addition to your legal rights if you are a consumer.
9.4.Some products may feature an extended manufacturer’s warranty. These need to be registered within 28 days of purchase – see the product documentation for more information.
9.5.These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made
11. Intellectual Property Rights
11.1.We are the owner or the licensee of all intellectual property rights in our sites (including copyright, trade marks, design rights, patents or other intellectual property rights), and in the material published on it. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
11.2.You may print off copies, and may download extracts, of any page(s) from our sites for your personal use or internal business use and you may draw the attention of others within your organisation to content posted on our sites. Reproduction of part or all of the contents of the websites in any form is prohibited other than for personal use or internal business use only and may not be recopied and shared with a third party.
11.3.The permission to recopy for personal and internal business use does not allow for incorporation of material or any part of it in any other website, electronic retrieval system, publication or any other work (whether hard copy, electronic or otherwise). We are not responsible for any file downloads.
11.4.You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. The websites may not be modified, disassembled, decompiled or reverse engineered in any way for any commercial purpose.
11.5.Our status as the authors of content on our site must always be acknowledged. All copyright notices in original materials must be retained.
11.6.You must not use any part of the content on our sites for commercial purposes without obtaining a license to do so from us or our licensors.
11.8.You agree that you have no right to use any of our trademarks without our prior written consent.
11.9.All rights not expressly granted to you in these Terms of Service are reserved and retained by us or our licensors.
12. Limitation of Liability
12.1.Maintive or its Parent Company shall not be liable for damages, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits or costs resulting from the use of, access to, or reliance upon the information given by its employees, agents or subcontractors in relation to, contained in or available through, its website.
12.2.Maintive or its Parent Company will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our sites; or use of or reliance on any content displayed on our sites.
12.3.If you are a business user, please note that in particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
12.4.Except as required by the UAE law, Maintive will not be liable to the Customer for any loss, damage or liability of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on Maintive by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.
12.5.If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.