TERMS & CONDITIONS



TERMS & CONDITIONS

 

We hate to bore you with these, but we want to be as transparent as possible. When you make a purchase on our website, you’re bound by certain terms and conditions laid down by our legal gurus. Each order is a separate legally binding contract and by virtue of shopping on our site, you agree to them all.

 

Please read carefully and make sure you understand them. If a provision in these terms and conditions is found to be invalid or unenforceable by a court, it will not affect the validity of the remaining provisions. These terms and conditions are governed by the laws of the United Arab Emirates and do not affect your statutory rights.

 

  1. DEFINITIONS:

 

1.1 In these terms and conditions the following words shall have the following meanings:

 

"You" or "Your" means the person named in the order to whom we are supplying the goods in accordance with these terms and conditions; "We", "Us" or "Our" means MOOBOO HOME FURNITURE TRADING L.L.C. trading as helmii.com

 

"Order" means your order for the goods; "Goods" means all products listed in the order;  “Design your Own” means any goods that are made to specific, non-standard fabric colours as determined by you; and "Delivery" means the delivery of the goods to the delivery address specified in the order.

 

  1. ORDERS:

 

2.1 These terms and conditions apply to all orders placed online or over the phone only.

 

2.2 Please make sure of the following things. They’re your responsibility:

 

(a)  the dimensions of all goods to ensure that they will fit into your property.

 

2.3  A confirmation of your order will be sent automatically by e-mail and, unless you are notified to the contrary within 48 hours of this confirmation, the order will be deemed to be accepted by us.

 

3. GOODS

3.1 The description of the Goods will be as specified within the Order.

 

3.2 You should be aware that:

 

(a) All sizes given are approximate and stated bed and mattress sizes refer to the sleeping surface only.

(b) mattress sizes may vary slightly from their stated dimensions due to manufacturing tolerances; and

(c) Comfort grading is for guidance only.

(d) When placing a mattress on a bedstead please note that there maybe a gap around the edges; this is to allow for rotation & bedding.

 

3.3 We guarantee (the "Guarantee") from the date of delivery, the goods will:

 

(a) be of satisfactory quality;

(b) be fit for the purpose for which they are designed and supplied;

(c) be free from material defects in design, material and workmanship; and

(d) comply with all applicable statutory and regulatory requirements for selling the goods in the UAE.

 

3.4 The guarantee covers normal domestic home use only and does not apply to any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by You, commercial use, failure to follow our written instructions regarding care of the goods, or any alteration or repair to the goods which you carry out without our prior written approval.

 

3.5 If you inform us that the goods have breached the guarantee, we will arrange an inspection to verify this. If this inspection finds that the goods have not breached the guarantee, we will decline any further action, but provide full details of the reasons for the decision. You will have direct access to any reports completed by the inspection specialist.

 

3.6 If you would prefer to use an inspection service of your choosing, then this must be done at your cost. Any inspection service used must be a recognised, independent specialist and we must agree in writing to them carrying out the inspection.

 

3.7 In the rare event that goods are found to have breached the guarantee, we will follow a fair and fast process. We will either repair or replace the goods free of charge. Alternatively, we may (if we choose) provide a credit for the full price paid by you for the goods. We will do our best to agree with you which remedy would be most appropriate.

 

3.8 The Guarantee shall apply to any repaired or replacement goods we supply to you. 

 

4. PRICE AND PAYMENT

4.1 Full Payment is required at the time the order is placed for all Design your Own Beds and we will collect this using the debit/credit card details supplied by you the Buyer.

4.2 For all other items you can pay at the time your order is placed using a debit/credit card or you can pay with Cash on Delivery when we deliver your goods.

  1. DELIVERY AND ACCEPTANCE

 

5.1  Delivery will be made to the delivery address specified on the Order and any changes to a delivery address must be supported by documentary evidence. You must notify us at least 72 hours prior to delivery of any delivery amendments. Any amendment however small may lead to an increase in lead-time or change of delivery date.

 

5.2. Delivery dates and lead times are given in good faith but are subject to change. Most delivery lead times start from the date of order. If we cannot meet the estimated delivery date we shall not be liable for any loss or expense incurred from such delays

 

5.3  If, as a result of circumstances beyond our control, we reasonably believe that we will be unable to complete delivery of the goods, we will be entitled to cancel the Order and will provide you with a full refund of all amounts paid.

 

5.4 Once a delivery date has been agreed You will be responsible for accepting the delivery and arranging appropriate means of access and installation on that date, it is Your responsibility to ensure that Our delivery team has access to the delivery address and that sufficient space for the goods is available. Delivery on the first floor and above shall be achieved by service elevators arranged by You and it is Your responsibility to notify Us of any potential problems with access and make any related delivery arrangements. Where delivery is complicated by such factors, additional charges may apply and be borne by You.

 

5.5 Delivery will be deemed to have taken place when the Goods have been delivered to the address set out in the Order. Delivery is to the room of Your choice at the delivery address. We do not need to satisfy Ourselves that the person accepting delivery at the agreed address is authorised by you to accept the goods. You or a responsible person acting on Your behalf will be asked to inspect and sign the delivery document to acknowledge delivery and/or installation. Goods will not be released without signing the delivery note. You hereby agree to remain responsible in accordance with these terms and conditions notwithstanding that You may have nominated a third party to accept the goods on Your behalf

 

5.6 If we are unable to complete delivery due to the goods not fitting in the required room at the delivery address, you may order a different product as a replacement for the goods. In these circumstances:

 

(a) You must pay the difference between the price of the goods and any replacement product which is of higher value;

(b) You must pay a delivery charge of 500AED and our reasonable administration costs.

 

5.7 If on the delivery date You or a responsible person acting on your behalf is not available to receive collection or our delivery team is not able to obtain access to the delivery address You will incur a re-delivery charge of 500AED which must be paid prior to delivery.

 

5.8 You should inspect the goods carefully upon delivery. We'll assemble one or two pieces, so you can clearly see the overall style, quality and finish. Only when you approve this will we build the remaining items. Once assembled by Us or our provider at the delivery address, and signed approval is given, the goods will be deemed accepted unless you inform us otherwise at the time. Where goods are not removed from their packaging or you have otherwise not had a reasonable opportunity to inspect the goods on delivery, the goods will be deemed accepted 7 (seven) days after Delivery

 

5.9 We will notify you in writing or verbally once the goods are ready for delivery or collection. If you fail to collect or take delivery of the goods on the agreed date, we will not store the goods for any reason for longer than 28 days.

 

5.10 If you fail to pay the full price of the goods or fail to take delivery or to collect the goods within 28 days of the scheduled delivery date, We will be entitled to cancel the order and you must pay all amounts stated in the order in addition to our reasonable administration costs, which may be up to 20% of the cost of the Goods.  This charge may, at least in part, reflect the price at which we are able to resell the Goods.

 

5.11 Any manufacturing defects must be notified to Us in writing within seven (7) days of receipt of goods. In this case we will repair or replace the item at our discretion.

 

 6. RISK AND OWNERSHIP

 

6.1 Responsibility for and ownership of the goods passes to you once the goods are delivered.

 

7. CANCELLATION

 

7.1 The buyer may cancel the goods at any point after placing their order, but no later than 48 hours from the day of delivery. Intention to cancel can be notified to Us by:

 

  1. Using the ‘Contact Us’ form
  2. Calling our customer care. Just dial 0529 55 44 69
  3. Writing to our team at [email protected]

 

7.2 Design Your Own Items (see definitions) cannot be cancelled once the order has been accepted by Us as it will have started to be produced with materials and fabric just for you.

 

SOME MORE TERMS

 

  1. Due to the hygiene aspects associated with some items (Children’s mattresses, pillows, mattress protectors, duvets), we reserve the right to reject cancellation if these items have been used. This does not apply if the items in question are found to be faulty.

Buyers can open the packaging to inspect a product on delivery, but, if they are then rejected, the buyer must take good care of the goods until they are collected by Us (or our agents).

 

  1. The Goods must be unused, in their original condition and made available for collection at a time agreed with Us. The collection date should not exceed 21 days from the cancellation date.

 

  1. We will levy a collection charge of 500AED for collection of the goods. This will be deducted from the refund value of the goods.

 

  1. Alternatively the Buyer may return the Goods (at the Buyers cost) in their original condition and adequately packaged to prevent damage to:

 

MOOBOO HOME FURNITURE TRADING L.L.C. (trading as helmii.com), helmii,

Warehouse 6, Street 59, Industrial area 1, Jebal Ali , Dubai. UAE.

 

Following collection or return, if the goods are found to be damaged (and the damage is not the result of our actions), We will seek to recover the cost of remedying the damage from the buyer.

8. REFUNDS

 

8.1 Refunds will be made to You as soon as possible and in any event within a period of 30 days from return of the Goods.

 

8.2 If the goods have been delivered, then a refund cannot be made until we have collected the goods.

 

8.3 If you participated in a linked saving offer (for example, buy a bed for 2450AED and get 450AED worth of free bedding) You must return both items to get a full refund. If You only returned the bed in the given example, You would be refunded only 2000AED to cover the price of the bedding.

 

8.4  If you participated in a bed and mattress set offer and return part of this order then any saving that you would have made will be deducted from your total refund.

 

8.5 Customers may return a maximum of two (2) of each particular Product per initial order, validated by a customer name or shipping address (i.e. please try a Product first—we are happy to send you more later!)

 

8.6 For Hygiene reasons Children’s mattresses are not covered under our returns policy unless there is a manufacturing fault in which case we will arrange a replacement mattress.

 

8.7 Any Design Your Own beds cannot be refunded unless there is a manufacturing defect. This is because they are made exclusively for you to  your specification.

 

8.8  You will receive a full refund/repair/replacement/credit note under the following conditions:

 

 a. The item has a manufacturing defect. In this case will repair or replace the faulty items. In cases where a repair or replacement of goods is not possible we will issue a credit note for the same value that will be valid for 6 months. This credit note will only be valid for the original purchaser and is not transferable.

 

 b. You cancelled your order at least 48 hours before the time of delivery. We work with a logistics partner so it takes us time to co-ordinate our deliveries. Please be patient. In this case you will receive a full refund

 

8.9  All items that have been assembled and signed for will be repaired or replaced (refer to clause 5.8) with an item of the same or similar value. In cases where a repair or replacement of goods is not possible we will issue a credit note for the same value that will be valid for 6 months. This credit note will only be valid for the original purchaser and is not transferable.

 

8.10 If you want to be eligible for our 40-Night Sleep Promise then you must use a helmii mattress protector. This is to ensure that the mattress is clean and free from germs or stains and must be purchased when ordering your mattress. It’s not as intimidating as it sounds. Just think of it as an extra bed spread.

 

8.11 If replacement items or a mattress collection is agreed then collection must take place with 14 days of the date of us agreeing this with you.

 

9. EVENTS OUTSIDE OUR CONTROL

 

9.1 We will not be liable or responsible for any failure to perform our obligations under the order that is caused by events outside our reasonable control.  These include (without limitation) the following:

 

(a) Delays caused by one of Our suppliers;

(b) Fire, explosion, storm, flood, terrorism or other natural disaster;

(c) Unavailability of shipping, aircraft, motor transport or other means of public or private transport; or

(d) Unavailability of public or private telecommunications networks.

 

9.2 Our obligations under these terms and conditions are suspended for the period that such events continue and we will have an extension of time to perform these obligations for the duration of that period.

10. LIMITATION OF LIABILITY

 

10.1 We do not accept any responsibility for damage to your property during delivery other than damage due to our negligence when our liability is limited to your direct costs to repair that damage.

 

10.2 Our total liability in connection with or arising from the order, whether in negligence or otherwise, shall be limited to the value of the goods.

 

10.3 We shall not be liable for any indirect, reputational, consequential or special losses, costs or expenses, including but not limited to loss of enjoyment, revenue, profit, or opportunity in connection with or arising out of the order.

 

10.4 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraud or any other liability which may not otherwise be limited or excluded under applicable law.

 

 11. DATA PROTECTION

 

11.1 We are a registered data controller for the purposes of the (relevant UAE Law) and we will comply with the statutory requirements imposed on us to keep Your personal data confidential and secure. We confirm that we’re absolutely compliant with the presiding UAE law.

 

11.2 Your information will be used to process your order, delivery of your goods and/or to handle any claims made under the guarantee. In order to do so we will need to disclose Your personal data to selected third parties when applicable.

 

 12. CONTACT US

 

12.1 For questions, requests to amend Orders, requests to change Delivery details, requests for refunds and all other queries you may contact us by:

 

(a) Calling our customer team on 0529 55 44 69

(b) Writing to helmii Customer Services at [email protected]

 

13. POLICY DISPUTES

 

13.1 All policy disputes regarding these ‘Terms and Condition’ will have to be put in writing and couriered/mailed to ‘Head Of Customer Service, helmii, Warehouse 6, Street 59,        Industrial area 1, Jebal Ali, Dubai. UAE.

 

 

Or, write to us at [email protected]

 

We usually take anywhere between 5 and 7 working days to respond to any kind of policy dispute.

 

14. RISK AND OWNERSHIP

 

Ownership of the goods will only pass when cleared funds have been received from the buyer, regardless of whether delivery has taken place.

 

15. LEGAL EFFECT 

15.1 Your signature on the sales order from the receipt confirms that you have read, understood, and agree to be bound by these terms and conditions.

15.2 If any part of these terms and conditions are found to be unenforceable, it will not affect the enforceability of the remainder of the terms and conditions and obligations of the parties.

15.3 These terms and conditions shall be governed by the law of Dubai in the United Arab Emirates.

15.4 These terms and conditions are personal to the individual customer and cannot be relied on by any third party.

15.5 These are Our Terms and Conditions and in the absence of express wording signed by both parties on the order receipt shall take precedence over all other terms and conditions.

15.6 Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.

15.7 United Arab of Emirates is our country of domicile.
Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.


15.8 If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. 


15.9 The cardholder must retain a copy of transaction records and Merchant policies and rules.

15.10 We accept payments online using Visa and MasterCard credit/debit card in AED (or any other agreed currencies)

 

16. Content you submit to Helmii

From time to time, Helmii may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, “Reviews”). We welcome your comments regarding our Products and services, including our Site. However, any Reviews you submit to Helmii must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

By posting a Review on the Site, you hereby grant Helmii an unrestricted, assignable, sublicensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Site, for any purpose, including promoting and marketing Helmii and it's Products. You further grant Helmii a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by Helmii through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to Helmii the rights in your Reviews as contemplated under the Terms, and (ii) the Reviews you post to the Site do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third-party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, or other similar restrictions on nonconsensual recording, or otherwise), or (C) require Helmii to obtain any licenses from or make any payments in any amounts to any third-party throughout the world.

No Objectionable Content. You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by Helmii in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.

Monitoring. Helmii has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any Reviews and remove, delete, redact or otherwise modify such Reviews, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Helmii has no obligation to display or post any Reviews. Helmii, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

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