Terms of Sale

INTRODUCTION

These Terms of Sale set out the terms and conditions on which products are supplied to you as a buyer on capstro.com or through our mobile application (together defined as the “Site”). The owner and operator of the Site is Capstro LLC, a limited liability company registered in UAE, with its office located at Sharjah Media City, Sharjah, UAE. (“we”, “our” or “us”).

Please read these terms carefully before you submit your order via the Site. By placing an order on the Site, you are agreeing to be bound by these Terms of Sale with immediate effect.

ORDER ACCEPTANCE

• Supplier: Each product in your order is sold by us.
• Order Acceptance: Our acceptance of your order will take place when we notify you of our acceptance in writing (e.g. by email or mobile messaging). If we are unable to accept your order, we will inform you of this in writing or through a call and will not charge you for the product.
• Payment: By placing an order, you authorize us to process your payment by:
  • bank transfer;
  • cash on delivery; or
  • pay by card during delivery.
• Cancelling Order: You may cancel your order immediately prior to shipping for any reason.
• Our Cancellation: We may cancel your order(s) if:
  • you do not make any payment to us when it is due;
  • 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
  • you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
  • order(s) not being capable of being fulfilled due to product(s) not being available.
• Bulk/Multiple Purchasing: We support bulk orders. However, we reserve the right to review and potentially reject any bulk orders, at our sole discretion, where we detect any issues or concerns.

DELIVERY OF YOUR ORDER

• Delivery Costs: The costs of delivery will be communicated to you before placing your order, depending on the order value and the delivery location.
• Delivery Date: This information will be provided to you by messaging.
• Delivery Delays:
  • if our supply of the product is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay;
  • if no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will notify you of how to rearrange delivery or collect the product;
  • if you do not collect the product from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we will cancel your order.
• ID Requirement Upon Delivery: We may, at our sole discretion, make any inquiry we deem necessary to verify your identity and/or ownership of your financial instruments. If we are unable to verify or authenticate any information you provide, we have the right to refuse delivery and cancel the order.
• Title to Products: A product will be considered owned by you and your responsibility from the time we deliver the product to the delivery address and you have paid for the product.
• Invoice: We will issue an electronic invoice for your purchase and send such invoice to the email address you provided to us.

RETURNS

Currently, we only support returns within 7 days after the delivery for damaged items; You have received a wrong product; or You have received a product that is not as described on the Site.

Contacting Us (arrange a Return): You can reach out to us by mailing to care@capstro.com or via our whatsapp channel

Your Refund:

• For delivered products, we will refund to you the product amount (excluding the amount paid for the original shipping fees) in full plus the cost of return if the products are faulty or not as described on our Site, or if your reason for return is due to an error on our side, such as an error in pricing or description, etc.
• In all other circumstances, we will refund the product amount (excluding the amount paid for the original shipping fees), and you may pay the costs of return shipping.

Refund Procedure: We will issue a refund to you depending on the method you used for payment, as follows:

• If you paid by cash on delivery, we will issue a refund to your bank account by providing the bank details.

Refund Timescale: Your refund will be initiated once your product is received back in our customer fulfilment center and inspected by our team, and the final refund will be received by you as follows:

• If the refund is to your credit/debit card, within thirty (7) days from the day on which we receive the product back in our customer fulfilment center.
• If you have cancelled your order before shipping, we will issue a refund to you depending on the method you used for payment.

GENERAL

Governing Law: These Terms of Sale and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of Dubai.

Third Party Rights: A person who is not a party to these Terms of Sale has no right to enforce any of its terms.

Relationship of the Parties: Nothing contained in these Terms of Sale will be deemed or construed by the parties or any third party to create the relationship of partnership or joint venture between the parties, it being understood that the parties will at all times remain independent parties contracting for services.

Further Assurances: The parties will do and execute or arrange for the doing and executing of each necessary act, document and anything reasonably within its power to implement and give effect to these Terms of Sale to its full extent, including, without limitation, assisting each other in complying with applicable law.

Assignment: These Terms of Sale will be binding upon and ensure to the benefit of Capstro LLC and its respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Sale or any of your rights or obligations under these Terms of Sale, whether directly or indirectly, without first obtaining Capstro LLC's prior written consent, such consent not to be unreasonably withheld.

Entire Agreement: These Terms of Sale and the documents referred to or incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations, and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Sale and the documents referred to or incorporated into these Terms of Sale by reference, there are no conditions, representations, warranties, undertakings, or agreements between the parties whether direct, indirect, collateral, express, or implied.

Amendment: These Terms of Sale cannot be modified, varied, amended, or supplemented in any way by you. Capstro LLC reserves the right to modify, vary, amend, or supplement these Terms of Sale at any time and from time to time. Capstro LLC will post the current version of these Terms of Sale on the Site and each such change will be effective upon posting on the Site or upon the date designated by Capstro LLC as the “effective date” (if any). Your continued use of the Site and Capstro LLC's services following any such change constitutes your agreement to be bound by and its acceptance of these Terms of Sale as so modified.

Severability: If any provision of these Terms of Sale is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms of Sale and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to Capstro LLC or you.

Force Majeure: Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial, or regulatory acts of any provincial or the federal government, court, or regulatory authority, acts of any of our subcontractors or any third-party providers of goods or services to us, labour disruptions, blackouts, embargoes).

No Waiver: Any waiver by Capstro LLC of any of the provisions of these Terms of Sale will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision unless expressly provided by Capstro LLC in writing.