TERMS & CONDITIONS OF SALE
Terms and Conditions of Sale - Individual Customers, Home, Small Business Customers (B2C Customers)
This Agreement contains the terms and conditions that apply to purchase by well as B2C customers from
GSMPRO.com named on the invoice that will be provided to you (“Customer”) on orders for mobile phones and/or mobile
phone accessories sold in the UAE. You agree to be bound by and accept this agreement as applicable to your purchase of
product(s) or service(s) from Dell. By accepting delivery of the mobile phones and/or mobile phones accessories
described on that invoice, Customer agrees to be bound by and accept these terms and conditions.
These terms and conditions apply (i) unless the customer has signed a separate formal purchase
agreement with GSMPRO.com, in which separate agreement shall govern; OR (ii) unless other GSMPRO.com standard terms
apply to the transaction.
These terms and conditions are subject to change without prior written notice at any time, in
GSMPRO.com’s sole discretion.
1. Other Documents
Other than as specifically provided in any separate formal purchase agreement between Customer and
GSMPRO.com, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s).
Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to
additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement
signed by both Customer and GSMPRO.com
2. Governing Law
This agreement and any sales there under shall be governed by the laws of the United Arab Emirates.
3. Payment Terms; Order; Quotes; Interest
Terms of payment are within GSMPRO.com’s sole discretion, and unless otherwise agreed by GSMPRO.com,
payment must be received by GSMPRO.com prior to GSMPRO.com’s acceptance of an order. Payment for the products can be
made:
(i) Credit Card:
We accept payment by credit card issued by all the leading and reputed financial institutions.
Please note that your billing will be converted from the invoiced currency to UAE Dirhams and back to the currency of
billing of your cards. The following details MUST be provided to enable us to process your order.
Card Number Expiry Date Issuing Bank Billing Address (as registered with your card company) A photocopy of both sides of your credit card The cardholder’s authorizing signature
(Important: Your billing address and photocopies of both card sides must be forwarded to us. These
procedures are required by our Bankers and are for both your protection as well as theirs. We thank you in advance for
your cooperation and understanding).
(ii) Bank Transfer
You may pay by Bank Transfer (Telegraphic Transfer) to our Bank Account given in our website. Bank
charges incurred in this transaction, if any, are for your own account. Please send a copy of the Bank Transfer advice
to us either by fax or by mail.
You may choose any other prearranged payment methods unless credit terms have been agreed to by
GSMPRO.com. Payment has to be made for each order within the time period mentioned by GSMPRO.com. Orders are not binding
upon GSMPRO.com until accepted by GSMPRO.com. Any quotations given by GSMPRO.com will be valid for the period stated on
the quotations or orders.
4. Shipping Charges; Taxes
Separate charges for shipping and handling will be shown on GSMPRO.com’s Performa Invoice or order
confirmation message. Unless customer provides GSMPRO.com with a valid and correct tax exemption certificate applicable
to the product ship to location prior to GSMPRO.com’s acceptance of the order, the Customer is responsible for sales
and all other taxes associated with the order. If applicable, a separate charge for taxes will be shown on GSMPRO.com’s
Performa Invoice or order confirmation.
5. Title; Risk of Loss
Title to products passes from GSMPRO.com to Customer on shipment from GSMPRO.com’s facility. Loss
or damage that occurs during shipping by a carrier selected by GSMPRO.com is GSMPRO.com’s responsibility. Loss or
damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility.
6. Warranties
A three year limited warranty is granted for systems, not accessories, purchased in the United Arab
Emirates and a standard one-year warranty is given for systems, not accessories, purchased and shipped outside the
United Arab Emirates. GSMPRO.com makes no express warranties except those stated in GSMPRO.com’s applicable warranty
statement in effect on the date of invoice. Any such warranties will be effective, and GSMPRO.com will be obliged to
honor any such warranties, only upon GSMPRO.com’s receipt of payment in full for the item to be warranted.
7. Return Polices
GSMPRO.com mobile phones and accessories that are purchased directly from GSMPRO.com by an end-user
Customer may be returned by Customer in accordance with GSMPRO.com’s warranty polices.
8. Limitation of Liability
GSMPRO.com does not accept liability beyond the remedies set forth herein, including any liability
for products not being available for use or for loss. GSMPRO.com will not be liable for lost profits, loss of business
or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or
for any claim by any third party except as expressly provided herein. Customer agrees that for any liability related to
the purchase of products or services, GSMPRO.com is not liable or responsible for any amount of damages above the
aggregate amount paid by customer for the purchase (s) under this agreement.
9. Binding Arbitration
Any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting,
present or future, and including statutory, common law, intentional tort and equitable claims) against GSMPRO.com, its
agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, “GSMPRO.com)
arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the
relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships
with third parties who are not signatories to this Agreement), GSMPRO.com’s advertising, or any related purchase shall
be resolved exclusively by the rules are regulations of Dubai Court. The arbitration will be limited solely to the
dispute or controversy between Customer and GSMPRO.com. Any award of the arbitrator(s) shall be final and binding on
each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Provided, however, that
this binding arbitration requirement does not apply to claims against GSMPRO.com arising under the applicable written
warranty.
10. Applicable Law; Not For Resale
Customer agrees to comply with all applicable laws and regulations of the countries in which they
reside and represents that it is buying for its own internal use only, and not for resale. GSMPRO.com has separate terms
and conditions governing resale.
TERMS AND CONDITIONS OF SALE - BUSINESS CUSTOMERS (B2B CUSTOMERS)
This agreement contains the terms and conditions that apply to your purchase from GSMPRO.com entity
named on the invoice (“GSMPRO.com”) that will be provided to you (“Customer”) on order for mobile phones,
related products, accessories and services. By accepting delivery of the mobile phones, its accessories and/or services
and support described on that invoice, Customer agrees to be bound by an accepts these terms and conditions.
These terms and conditions apply (i) Unless the Customer has signed a separate purchase agreement
with GSMPRO.com, in which case the separate agreement shall govern; OR (ii) Unless other GSMPRO.com terms apply to the
transaction. These terms and conditions are subject to change without prior written notice at any time, in GSMPRO.com’s
sole discretion.
1. Other Documents
These terms and conditions may not be altered, supplemented or amended by the use of any other
document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for
product(s) or services and support that are subject to additional or altered terms and conditions will be null and void,
unless otherwise agreed to in a written agreement signed by both Customer and GSMPRO.com.
2. Governing Law.
This agreement and any sales there under shall be governed by the laws of the United Arab Emirates.
3. Payment Terms
Terms of payment are within the sole discretion of GSMPRO.com, and unless otherwise agreed to by
GSMPRO.com, payment must be received by GSMPRO.com prior to the acceptance of an order by GSMPRO.com. Payment for the
products, accessories and supports can be made by any method such as credit card; wire transfer or some other
prearranged payment method unless credit terms have been agreed upon by GSMPRO.com.
4. Orders
Orders are not binding upon GSMPRO.com unless until accepted by GSMPRO.com confirmation. Any
quotation or confirmation of the order will be valid for the period stated on the quotation, confirmation order or
Performa invoice. Specifically valid date will be marked on the order confirmation after which GSMPRO.com will not be
liable for ship of the items specified and confirmed by GSMPRO.com.
5. Shipping Charges
Separate charges for shipping, packing and handling will be mentioned on GSMPRO.com’s invoice(s).
Unless customer provides GSMPRO.com with a valid and correct tax exemption certificate applicable to the products ship
to the location prior to GSMPRO.com’s acceptance of the order, the Customer is responsible for sales and all other tax
associated with the order.
6. Title; Risk of Loss
Title to products passes from GSMPRO.com to Customer on shipment from GSMPRO.com’s location. Any
loss or damage that is incurred during shipping by a carrier opted or selected by GSMPRO.com’ discretion is GSMPRO.com’s
responsibility. Any loss or damage that is occurred during shipping by a carrier selected at the option of the Customer
is Customer’s own responsibility and GSMPRO.com is in no way bear any responsibility in this respect.
7. Warranties
The limited warranties applicable to GSMPRO.com branded products are included in the documentation
along with the products or in case prior separate agreement has been reached, it will be according to the agreement that
drives the business deal. GSMPRO.com makes no express warranties except those stated in the GSMPRO.com’s warranty
statement or agreement entered into between GSMPRO.com and the Customer. Any such warranties will be effective, and
GSMPRO.com will be obliged to honor any such warranties only upon GSMPRO.com’s receipt of payment in full for the item
to be warranted or the Customer must have complied with the terms and conditions of the order or as per the terms and
conditions mentioned in the agreement, if any, that has been reached prior to the business deal. GSMPRO.com disclaims
all other warranties, express or implied regarding the merchantability and fitness of the product and services.
GSMPRO.com’s responsibility for warranty claims is limited to repair and replacement as set forth in GSMPRO.com’s
applicable warranty statement in effect on the date of the order confirmation or the invoice.GSMPRO.com reserves its
right to modify its warranty at any time, in its sole discretion. Customer agrees that it will be bound by the agreement
terms or purchase terms once the package is opened or its seal is broken.
8. Return Policies:
GSMPRO.com products that are purchased directly from GSMPRO.com by an end-user Customer may be
returned by Customer in accordance with the terms and conditions of the sale and its warranty terms. A B2B customer is
liable to follow the terms the conditions mentioned in the reseller agreement reached in between GSMPRO.com and the
Customer.
9. Products
GSMPRO.com’s policy is one of on-going product update and revision. GSMPRO.com may revise, modify
and discontinue any products or accessories at any time by its sole discretion. In all those cases where order
confirmation has been given, GSMPRO.com adheres to supply the products ordered by the customer and confirmed by
GSMPRO.com. For confirmed orders by GSMPRO.com, this clause is not applicable in the normal course of business.
10. Limitation of Liability
GSMPRO.com does not accept liability beyond the remedies set forth herein, including any liability
for products not being available for use or for any other loss. GSMPRO.com will not be liable for lost profits, loss of
business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such
damages, or for any claim by any third party except as expressly provided herein. Customer agrees that for any liability
related to the purchase of products or services, GSMPRO.com is not liable or responsible for any amount of damages above
the aggregate amount paid by customer for the purchase (s) under this agreement.
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