Terms And Conditions
Welcome to Berande
These are the terms and conditions that govern the use of Berande and all its related sites and services. By using Berande Website, you agree to these terms and conditions. If you do not agree with these terms and conditions, please do not access or use the site.
The following Terms and Conditions shall apply to all Users in relation to Berande provided services through Berande website “the Website”. These Terms and Conditions come into force once you accept a service through the Website or through any other form of communications with Berande.
Please note that you should review and agree with our Privacy Policy [PP’s LINK] as it is an integral part of these terms and conditions.
The User agrees and accepts that the use of the Website and the Services provided by Berande is at the sole liability of the User, and further acknowledges that Berande disclaims all representations and warranties of any kind, whether expressed or implied.
Definitions
The following definitions apply to the Terms and Conditions set out below. These Terms and Conditions, along with the Privacy Policy, hereby set out the whole agreement and understanding between Berande and the “User” whether an individual or entity that accesses our Website.
“We”, “Us”, “Our”, the “Company”, “Berande”, “Site” shall refer to Berande, its employees, and authorized agents.
“the User”, “Users”, “You”, “Your”, shall refer to the Users of the Service.
Supplier: shall refer to any independent shop offering a wide variety of products that are displayed on the Website.
Supplier Products: means the products listed by the Suppliers to be purchased by the Users through the Website.
Services: means Berande’s Services as described by these Terms and Conditions.
Website: means Berande platforms whereby its Services shall be used.
Suppliers Offers: means the offers and/or discounts which may be provided by the Supplier.
Force Majeure: mean an act of God, including but not limited to fire, floods, storms, hurricanes, typhoons, volcanic activities, or earthquakes, as well as acts, orders or requests of a sovereign or a government and /or of anybody purporting to be or to act for such authority, wars, whether declared or not, war-like actions, revolutions, riots , civil insurrections, or civil commotions , as well as strikes, lock outs, and/or similar actions in labor disputes, and any other comparable cause beyond the control of a party unless its performance has been expressly guaranteed by expressly waving the exemption of a Force Majeure event.
Third-Party Service Providers: means the independent contractors and the entities that carry out or undertake to carry a particular service or perform any other service within the scope of the provided Services as herein stated.
Applicable Laws: means the laws of the Arab Republic of Egypt.
Eligibility
In ensuring that Users are able to form legally binding contracts, eligibility to use the site is not granted to persons under the age of 18 years, or the age of legal majority in your jurisdiction, whichever is greater.
If you are registering as a business entity, you represent that you have the authority to bind that entity to Terms and Conditions and that you and the business entity will comply with all applicable laws and terms governing the use of the Website.
Accounts and Registration
Account registration requires you to submit to Berande certain personal information, including but not limited to your full name, address, email address, mobile phone number, and age. You agree to maintain true and accurate, complete, and up to date information in your Account. You are responsible for all activity that occurs under your Account, and as such, you agree to maintain the security of your Account username and password at all times, unless otherwise permitted by Berande in writing.
User accounts are not transferable. You agree to reimburse Berande for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Website, services or otherwise by using your designated username and password, whether or not you authorized such access.
If Berande suspects, at its sole discretion, that any of the information you provided is untrue, inaccurate, incomplete, or not current, without prejudice to any other rights and remedies of Berande under these Terms and Conditions or under the Applicable Laws, We have the right to suspend, or limit your access to the Website and its Services.
Berande may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide a response with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to Berande upon such requests. You acknowledge and agree that if you do not, Berande without liability may limit, suspend or withdraw your access to the Website. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
By completing your registration, you acknowledge having read, understood and agreed to be bound by these Terms and Conditions, along with the Privacy Policy, as they may be amended from time to time, which are hereby incorporated and made an integral part hereof.
Services
Berande is an online marketplace designed to be a one-stop-shop for different products owned by independent trademarks and different companies. Our goal is to provide a comprehensive catalogue of products available in the Egyptian market.
Berande displays products and services offered and owned by independent Suppliers who have agreed to list these products on the Website. These Suppliers have agreed in writing with Berande to make available products ordered through the Website, where Berande purchases the products ordered and directly sells them to the User.
Electronic Communications
By creating an Account, you agree that you are communicating with us electronically. Therefore, you consent to receive periodic communications from us. Berande will communicate with you via e-mail or may send you information via text messages (SMS), as well as by posting notices on the Website as part of the normal business operation of your use of the Services. You acknowledge that opting out of any of the said means of communication may affect your use of the Services.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Berande will request your agreement during the registration process to send you promotional emails or notifications related to the Website and its services. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
Copyrights and Trademarks
All content included on the Website, including but not limited to text, graphics, Berande’s logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of Berande or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Website is the exclusive property and copyright of Berande and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
Berande and related logos are the trademarks of Berande. Berande's trademarks may not be used in connection with any product or service that is not Berande's nor in any manner that disparages or discredits Berande.
Use of the Website
Subject to the User`s compliance with these Terms and Conditions, Berande grants the User a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to:
- access and use the Services solely in connection with the provision of the Services;
- access and use any content, information and related materials that may be made available through the Services; and
Any rights not expressly granted herein are reserved by Berande and may be revoked at any time without notice to the customer.
The User shall not use any trademark or any intellectual property rights belonging to Berande from any portion of the Services, and shall not reproduce, modify, prepare, publicly, perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by Berande in writing, and shall not decompile, reverse engineer or disassemble the Services, and shall not link to mirror or frame any portion of the Services or launch any programs or scripts for the purpose of scraping, indexing, surveying or otherwise data mining any portion of the Services, or unduly burdening, or hindering the operation and/or functionality of any aspect of the Services or attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The User may not post in the product review section for the listed products, or anywhere else on the site (as determined at our sole discretion): solicitation, advertising, foul language, profanities, obscenities, culturally offensive material, religiously offensive material, critical political content, material that may threaten the public interest or national security, defamatory or libelous harassment, or other content that may be offensive or indecent.
Product Listings and Availability
The terms agreed to with our various Suppliers require them to ensure that the products offered are authentic, genuine, and free from defects. We make every effort to ensure that the products you receive through Us are indeed genuine and authentic.
The information contained in the Website is for general information purposes only. The information provided by Berande while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, Services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Berande will always try to offer you the best customer experience and an exceptional level of service. Berande is making every effort to ensure that the Supplier Products are available. However, Berande shall have no responsibility if any of the Supplier Products that in the Website are not available. If a product you ordered is not available, we will inform you as quickly as possible and offer you the opportunity to choose alternatives or refund the amount of such product(s) that were not available.
Product Warranties
Products sold through this website that do not bear the Berande brand name are serviced and supported exclusively by their manufacturers or local agents and by the Suppliers in accordance with the terms and conditions associated with each product. Berande does not provide any warranty of any kind for the products sold on the Website. Please contact the Suppliers for technical support and customer service related to their products.
Payments
Berande provides different payment methods on the Website, which include among others, the following:
- Cash on delivery; and
- Online payment through credit cards.
Please note that payment on delivery in any form will be limited to a certain amounts
When payment is to be made at delivery, the User shall pay to Berande representative for the products in full before they are unloaded from the delivery vehicle.
Berande reserve the right to alter, change, modify, or provide any payment methods.
Berande provides the online payment services through Third-Party Providers. Berande shall not store any data related to credit cards. Berande shall have no responsibility to any error, damage or any matter similar that may arise to the User as a result of using the online payment, such shall be the responsibility of Third-Party Provider.
The User shall ensure sufficient coverage of the respective account that cover the orders and shall abide by the credit card transaction limits.
Berande shall not charge the Users any extra fees for making an online payment.
Berande may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. You agree to provide any information and/or documentation to Berande upon such requests. You acknowledge and agree that if you do not, Berande without liability may cancel the transaction, limit, suspend or withdraw your access to the Website and/or your membership of the Website.
Without any responsibility on Berande, if the Suppliers Products prices, which displayed on the Website, do not correspond to the actual price that is in the final receipt, in such case, the User will be notified with such and the User shall have the right to pay the actual price or cancel the order.
Delivery
Orders made through the Website shall be delivered to the user within the time indicated during the checkout process. The date of the actual delivery will be reconfirmed by telephone on the number provided by You at check out. You will also be asked to reconfirm or clarify the address for the delivery.
In case of any delay in the delivery process, Berande shall notify the Users and arrange or inform you the new expected date for delivery.
In case of any damage to the product(s) during the process of delivery, and before received by the User, Berande will notify the User with such damage and deliver the same product(s) to the User with no additional charges, if available. If such product(s) is not available, Berande will refund the product(s) purchase amount, at the date of purchase as paid on The Site, to the User.
Delivery of orders will be performed directly by the Berande fulfillment team or by a Third-Party Service, or by a combination of both.
Third Party Services
The Services may be made available or accessed through Third-Party Service Providers and content (including advertising) that Berande does not control. You acknowledge that different terms of use and privacy policies may apply to you for use of such third-party services and content. Berande does not endorse such third-party services and content and in no event shall Berande be responsible or liable for any of the services of these Third-Party Service Providers.
Returns, Exchanges, and Refunds
The Egyptian Consumer Protection Law shall be applied in relation to any exchange or return of Suppliers Products ordered by the User through the Website. Moreover, the terms of exchange and return of the Suppliers shall prevail over those of Berande as long as they comply with the applicable laws.
Berande offers free returns at no additional cost to the User with no questions asked for 14 days or as stipulated by Law. Berande requires that product(s) be unopened and in their original condition, as determined at Berande’s sole discretion, to accept the return.
Refunds, returns or exchanges will NOT be accepted for special orders.
Privacy and Confidentiality
User(s) shall not disclose any information received under the contract of service with Berande to any third party. Access to any information which pertains to business of Berande shall be kept confidential to the extent it might adversely impact Berande`s business. User(s) shall be liable to indemnify Berande against any loss of business or reputation due to the act of the User(s).
Disclaimer
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BERANDE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF SUPPLIER ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, IN ADDITION, BERANDE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BERANDE DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR ABILITY OF THE SUPPLIERS. YOU AGREE THAT THE ENTIRE RISK ARISING FROM THE USE OF SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
THE INFORMATION CONTAINED IN THE WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY. THE INFORMATION PROVIDED BY BERANDE WHILE WE ENDEAVOR TO KEEP THE INFORMATION UP TO DATE AND CORRECT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.
ALL ACCOUNTS REGISTERED WITH BERANDE ARE CONTINUOUSLY TRACKED FOR SECURITY PURPOSES AND PERFORMANCE REASONS. IT IS EXPRESSLY MADE CLEAR TO YOU HEREBY THAT BERANDE DOES NOT OWN ANY ACCOUNT OF ANY KIND.
Limitations of Liability
Berande is only a technology platform and shall not be held liable for any failure related to the Supplier Products.
Berande shall not be held liable in any case or for any matter related to the Supplier and/or the Supplier Products and/ or the brand of such products and its authenticity. However, Berande will use it best endeavors to ensure the authenticity of such products.
Berande is a mediator that connects Users and Supplier in relation to the purchase and delivery process.
The Suppliers and the Third-Party Service Providers are independent Services providers under contract with Berande and are not employees, representative, and/or agents of Berande. Berande does not perform the task itself, but rather manages the execution of said task through its platform by providing a connection for the User with the Suppliers. Suppliers shall be responsible for the Suppliers Product quality, efficiency, originality, availability, and legality. Any breach of said shall result in the termination of the Supplier from Berande platform and shall be replaced to fulfill any open requests with reference to the User regarding such.
Users and the Suppliers agree that Berande shall not participate in disputes between both parties in any case. Whereas, by using the said Services the User acknowledge the potential risks or mistakes of the Suppliers or the Third-Party Service Providers. Accordingly, the use of the Services is at the User’s risk and judgment, and Berande shall have no liability arising from or in any way related to the User’s transactions or relationship with the Suppliers or the Third-Party Service Providers.
Berande shall be entitled to disclose any User information it may possess to affiliated corporate entities within its group of companies, or if required by law, or if requested or directed to do so by any official government body. Berande will do so at its sole discretion or as We may determine to be suitable or in Our best interest to do so.
Berande shall be entitled to add to, vary or amend any or all of these Terms and Conditions at any time without notice. The User shall be bound by any additions, variations, or amendments once incorporated into these Terms and Conditions on Berande’s Website.
Berande shall not be liable to you for indirect, incidental, special, exemplary, punitive, or consequential damages, lost data, or damages that may arise, even if Berande has been advised of the possibility of such damages. Berande shall not be liable for any damages, liability or losses incurred by you arising out of your use of or reliance on the Services or your inability to access or use the Services or any transaction or relationship between you and any the Supplier or the Third-Party Service Providers, even if Berande has been advised of the possibility of such damages. Berande shall not be liable for delay or failure in performance resulting from causes beyond Berande`s reasonable control, and We shall not be liable in the event that the Supplier or Third-Party Service Providers may not be professionally licensed or permitted.
These limitations do not purport to limit liability that cannot be excluded under the applicable laws.
Indemnification
You agree to indemnify and hold Berande, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse Berande with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of these Terms and Conditions, along with our Privacy Policy or use by you or any third party of the Services.
Force Majeure
Berande shall not be liable for any delay, interruption or failure in the provisioning of Services if caused by any act of Force Majeure, or other similar events beyond our control that may prevent or delay service provisioning.
Governing Laws
The rights and obligations of the parties pursuant to these Terms and Conditions are governed by and shall be construed in accordance with the laws of the Arab Republic of Egypt.
You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Arab Republic of Egypt for any dispute arising under or relating to these Terms and Conditions and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under these Terms and Conditions in any jurisdiction where you reside, do business, or have assets.
Where there is any dispute or inconsistency arising from the text of these Terms and Conditions, the Arabic version shall prevail.
Unenforceable Provisions
If any part of these Terms and Conditions is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of the Terms and Conditions in any way.
Entire Agreement
This Agreement along with Berande’s Privacy Policy, as may be updated from time to time and posted at [xxxx], constitutes the complete agreement and understanding between us with respect to the Service and supersedes any other form of Agreement.