Terms of Sale
- These Terms of Sale set out the terms and conditions on which products are supplied to you as a buyer on www.jokoka.com or on our mobile application (together defined as the “Site/ Portal/ Platform”). The owner and operator of the Site is Johara Tus Sharaf Portal holding DED License, a Professional sole established company registered in the United Arab Emirates (“UAE”) under license number 869322, with its office located at Westburry Office Tower, Business Bay Dubai in the UAE ( hereinafter referred to as “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.
PLACING AN ORDER
By placing an order with us, you are (i) offering to purchase a product (ii) representing that you are of legal age to form a binding contract and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorised user of the payment method provided. The receipt by you of an order confirmation does not constitute our acceptance of an order. We retain the right to refuse any order request made by you.
- Supplier. Each product in your order is sold by a third party vendor.
- 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.
Prior to our acceptance of an order, verification may be required. We reserve the right at any time after receipt of your order to accept, modify or decline your order or any portion thereof, even after your receipt of an order confirmation from us, for any reason whatsoever. We reserve the right to limit the number of items ordered and refuse service to you without prior notification. In the event that an items lists an incorrect price either due to typographic or other error, we shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, we will credit your account in the amount of the incorrect price.
- Payment. By placing an order, you authorise us or our third-party payment processor to process your credit/debit card details for the amount of your order. We accept payment by,
- credit/debit card.
- cash on delivery (an amount not exceeding AED 1000/-
- In order to authorise credit/debit card payments, we may be required to create an account for you with our third-party payment processors, including accepting their standard terms and conditions and submitting your details to them on your behalf. You hereby authorise us to do so and we shall not be liable to you for any damage or loss you may incur as a result.
- We may remove or add cards or other payment methods that we accept at any time without prior notice to you.
- We are merely facilitating the making of online payments by buyers possible but We are not involved in the process of buying and selling items on the Site. All sales and purchases on the platform continue to be bipartite contracts between the buyer and the seller of an item(s) and We are not responsible for any non-performance, breach or any other claim relating to or arising out of any contract entered into between any buyers and sellers, nor do we have any fiduciary duty to any user. You acknowledge and agree that you will hold your funds at your own risk.
- Cancelling Order. You may cancel your order immediately prior to shipping for any reason.
- Our Cancellation. We reserve the right to reject any orders, at our sole discretion, or if the order falls in below line items:
- 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.
DELIVERY OF YOUR ORDER
- Delivery Costs. The costs of delivery will be as displayed to you on our Site.
- Delivery Date. This information will be displayed to you on our Site.
- 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 minimise 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 by requesting that you provide us with further information or documentation, including, but not limited to requesting a form of identification and/or credit card. If we are unable to verify or authenticate any information you provide, we have the right to refuse delivery and cancel the order.
- Delivery from Overseas. Note that you might be considered the importer of record in the event that your order requires delivery from overseas. In such instances, you are required to ensure that your ordered products can be lawfully imported, comply with all laws and regulations and to pay all fees and customs duties relevant to your purchase.
- 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 an invoice to the email address you provided to us.
A return request will be accepted in the following conditions.
- Faulty/incorrect/physically damaged product/s reported to the marketplace within 24 hours of product delivery
- Incorrect Size - the item differs majorly from the images and description in its listing
- Incorrect color than what was ordered
Note: Do bear in mind that a lot of the items listed on this website are handmade. Some variations and imperfections may be present and will not constitute as a “faulty product”.
Jokoka will return the product to the seller in case of non acceptance of the product by the buyer at the time of delivery.
A return will not be accepted in the following conditions.
- Custom made or personalized items.
- Items that have been worn/washed/soiled and without tags
- Innerwear, lingerie, beachwear, earrings, unsealed cosmetics cannot be returned on hygiene grounds
- Products which were sold as combos/sets are not eligible for return/replacement as individual items
- Seal-opened items if any, will not be accepted for return in case of not being happy with the product as they cannot be resold
- Return requests made outside the specified time frame (within 24 hours of delivery).
B. Conditions of Return
- The item must be returned with all labels attached and wrapped in the original packaging. Once returns are accepted, store credits will reflect in the buyer's account (equal to the value of the product purchased) which can be used towards a future purchase at Jokoka.com, Store credit is valid for only 6 months from the date of issue.
Note: Unless it is the fault of the seller and verified by the Jokoka team, the original shipping/handling will be refunded along with the product value, in terms of store credit.
C. Return of Item incase of change of mind
You can return the item by contacting us at [email protected] with the reason for the return, within 24 hours of receiving your order. The request will need to be investigated by both the seller and Jokoka team as per the returns and exchange policy. You will be notified by the Jokoka team and informed about reverse pick-up for the product purchased.
** In line with the recent Government directive surrounding Covid-19, all refund and exchange services are temporarily suspended, unless the product is defective.
Note: The shipping cost for the reverse pick-up will need to be paid by the buyer. Once we have actioned your request, you will receive an email informing you about the store credits being credited into your account.
D. Physically Damaged Item
Our sellers make every effort to ensure that your item is packaged appropriately so that it reaches you safe and sound. In the rare case that you do receive a broken item, please report your concern by emailing us at [email protected], within 24 hours of receiving your order, along with the images of the damaged product. We will arrange a reverse pick-up for the product, check for the physical damage and once approved by the seller, credit the amount to your account.
Refunds will be done only through the Original Mode of Payment.
To prevent misuse of this policy, we are afraid we can’t consider any complaints about broken items received more than 2 days after delivery.
Note: If it is the fault of the seller, the shipping cost for the initial shipment and reverse pick-up will be borne by the seller.
E. COD Refund
If you have paid through Cash on Delivery (COD), the value of the product returned would automatically reflect in the form of Store Credit in your account. By logging into your account, you can access your credit balance. With this credit, you can easily make new purchases on Jokoka.
Our services are provided to you on an “as is” basis without representations, warranties or conditions of any kind. We disclaim all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that our services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all.
**Note In no condition will Jokoka be liable to refund any of the payments to the seller in case of any non acceptance of the order or in case of a Return.
The platform is only a platform for communication whereby users may meet and interact with one another for the purpose of the sale and purchase of items. We do not buy or sell items. We are not and cannot be a party to or control in any manner any transaction between two users of the platform and cannot guarantee that a buyer or seller will complete a transaction or accept the return of an item or provide any refund for the same. You will not hold us responsible for other users' content, actions, or inactions, or items or Information they list or post. In particular:
- We are not responsible for any non-performance or breach of any contract entered into between users and does not transfer legal ownership of items from the seller to the buyer. The contract for sale of any item shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over any item vest with us nor shall we have any obligations or liabilities in respect of such item or the contract between the buyer and seller.
- We are not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of items which are unavailable.
- We are not required to mediate or resolve any dispute or disagreement between users.
- We have no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, or the ability of buyers to pay for items.
- We do not make any representation or warranty as to the attributes (including but not limited to quality, worth or marketability) of the items proposed to be sold or purchased on the platform. In particular, We do not implicitly or explicitly support or endorse the sale or purchase of any items on the platform, nor are we a supplier or manufacturer of any items sold by users or purchased by users.
- We do not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.
- The platform may include links to third party websites that are controlled by and maintained by others. We cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that we are not responsible for the content or availability of any such sites. However you acknowledge and agree that you may not include links in any user-posted content on the platform.
- Users shall independently agree upon the manner and terms and conditions of delivery, payment, and insurance as between each other and we hold no responsibility in respect of such arrangements.
- We accept no liability for any errors or omissions, whether on behalf of itself or third parties.
- We exclude all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the platform.
- You release and indemnify us and/or any of our officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the platform and you specifically waive any claims that you may have in this behalf under any applicable law.
- Nothing in these Terms of Sale shall limit or exclude a party’s liability::
- for fraud, including fraudulent misrepresentation, perpetrated by that party;
- for death or personal injury caused by the negligence of that party; or
- for any other liability that cannot be limited or excluded under applicable law.
- Subject to clause 5.1, in no event will we, our parent company, subsidiaries and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in relation to these Terms of Sale for loss of profits, loss of data or information, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.
- In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
- supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it or making payment as required;
- damages that may result from the unauthorized repair of the product;
- loss of any saved/stored data in products that are either repaired or replaced;
- reliance by you on the content or other information provided on the Site with respect to the product you order;
- your use of or your inability to use the ordered product;
- delays or disruptions to our Site or our services;
- viruses or other malicious software obtained from the use of the ordered product;
- damage to your hardware device from the use of your ordered product; or
- your loss of or inability to do business or similar as a result of our inability to deliver the product to you.
- Due to the legal standings of the third party vendor, Jokoka will not be deemed responsible for any consequences caused due to your purchase with the third party vendors on the site.
- Subject to clause 5.1, if clauses 5.2 or 5.3 are held to be unenforceable or inapplicable for any reason, then the total liability (including legal fees) applicable to us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors, to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms of Sale shall be limited to the lesser of, a) the price the product sold for on our Site and its original and return shipping costs; or b) AED 300.
- You agree to indemnify and hold us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors harmless from and against any losses, damages and expenses (including legal fees and attorney’s fees) arising out of or relating to:
- any claims or demands made by any third party due to or arising out of your use of the Site and our services;
- your violation of any of provisions of these Terms of Sale, including, without limitation, any of the warranties, representations and undertakings; or
- your violation of any applicable laws.
BREACH OF THIS TERMS OF SALE
Without prejudice to any other rights and remedies of Jokoka under this Terms of Sale or at law or otherwise, we may immediately and without liability: limit your activity, remove your bids, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the platform:
- If you breach this Terms of Sale;
- If we are unable to verify or authenticate any information you provide; or
- If we believe (in our sole discretion) that your actions may cause legal liability for you, other users or us.
We may at any time at our sole discretion reinstate suspended users.
- 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.
- Dispute Resolution:
- If you are not satisfied with any products that you have purchased using our Site, you should contact us through email [email protected] or live chat on the Site.
- If you are unable to resolve your issue under clause 6.2 (a) within forty-five (45) days of notifying the seller of your issue, any disputes or claims arising out of or in connection with these Terms of Sale, including any non-contractual rights or obligations arising out of or in connection with these Terms of Sale shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC – LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Dubai International Financial Centre. The language to be used in the arbitration shall be English.
- 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 Sales 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 the parties and their 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 our 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. We reserve the right to modify, vary, amend or supplement these Terms of Sale at any time and from time to time. We 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 us as the “effective date” (if any). Your continued use of the Site and our 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 either of the parties.
- 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 us 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 us in writing.
- Survival. All provisions that either expressly or by their nature survive, will survive suspension or termination of your membership of the Site.
- Promotions All our promotional activities are subject to availability and in house policies of Jokoka, we reserve our right to revoke the promotion at any point of time for any reason.