Standard Terms and Conditions
STANDARD TERMS AND CONDITIONS OF ONLINE SALE
ARTICLE 1: SCOPE
1.1 These standard terms and conditions ("ST&Cs") govern all the sales of products to professionals (the "Products") as offered on the website www.hilti.pk by Jaffer Brothers (Private) Limited (the "Website").
1.2 Placing an order for Products entails the Customer's full and unreserved adherence to these ST&Cs. In accordance with the law, these ST&Cs constitute the basis of the commercial negotiation and consequently prevail over any contradictory provisions that may derive from the Customer.
ARTICLE 2: DEFINITIONS
"Customer": Any legal entity or natural person purchasing Products from the Seller, for strictly professional purposes.
"Order": Action for the Customer to accept these ST&Cs by ticking the box "I have read and I accept the general conditions of sale", select a Product on the order page and validate the order process up to payment, according to the conditions set out in Article 3.
"Contract": Set of documentation consisting of the Customer's Order, these ST&Cs and any potential specific agreement which might be agreed upon by the Parties.
"Intellectual Property Rights": any information belonging to the Seller or to any other person and in particular patents, trademarks, designs and models, whether registered or not, logos, trade names, trade secrets, copyrights, inventions, methods and original know-how, databases, technical, commercial or financial information or any other intellectual property right that is subject to protection in one or more countries.
"Party": the Customer on the one hand, and the Seller on the other hand, referred to jointly as the "Parties".
"Products": All Hilti Products given on Hilti website.
"Website": www.hilti.pk
"Seller": Hilti or Jaffer Brothers (Private) Limited.
ARTICLE 3: ORDERS
3.1 The Order is placed with the Seller by the Customer by selecting one or more Products which, in accordance with the selection, the Customer places in his "Shopping Cart".
3.2 Before validating the Order, the Customer shall expressly accept these ST&Cs, by ticking the box "I have read and I accept the general conditions of sale".
3.3 The Order is only validated after the Customer provides the information required for the successful completion of his Order. This information is as follows:
· Customer's name, billing address, email address, telephone number, NTN/STN/CNIC (as applicable) and/or; and
· Delivery address and recipient’s telephone number.
3.4 The Customer warrants the accuracy of all this information.
Should all or part of the delivery addresses prove incorrect, thereby
obliging the Seller to return the orders to its warehouse, the Customer shall
bear the consequences thereof and the Seller shall be entitled to charge
administrative and transportation costs associated with returning the Orders.
3.5 The Customer's Order shall be systematically confirmed via email, at the address indicated by the Customer when placing the Order. This confirmation email shall include, in particular, Sale order in the Customer's name, summarizing the identifying features of the Order.
3.6 In order to track the Order, the Customer may contact the Seller's customer service department click here
3.7 The Seller reserves the right to refuse an Order from a Customer with whom there is a dispute over the fulfilment or payment of a previous Order or customer has rejection history of delivered order without any justifiable reason or when the Customer has not complied with these ST&Cs.
ARTICLE 4: PRODUCT AVAILABILITY
4.1 The Order is placed subject to the availability of the Seller's stocks. In case of shortage of supply, the Seller shall inform the Customer via email of the additional delay associated with a new production, partial delivery or cancellation of the Order.
4.2 In case of shortage of supply, the Seller cannot be held liable for the physical impossibility of honoring the Order.
ARTICLE 5: DELIVERY
5.1 In order to optimize the delivery, it is advisable to provide an address to which the Order may be delivered during working hours.
5.2 The delivery times indicated are average delivery times, provided for information only, and may vary according to the destination, weather and law & order situations.
5.3 The delivery time for in-stock items is within 7 days, for non-stock items by air 3-4 working weeks and for non-stock items by sea is 7-8 weeks from the time of Order.
5.4 The Seller's online sale department under its sales contract is fully responsible for delivery and shipping, with the costs incurred being integral to these transactions. Should a dispute arise on delivery, any claim must be sent within 48 hours to the online sale department of info@hilti.pk, in addition to any reservations made to the carrier under legal conditions.
5.5 Delivery is made by TCS / any other courier. Failing delivery to the address indicated by the Customer within seven (7) working days after the scheduled delivery date indicated by the Seller, the Customer may cancel his Order by contacting the Seller click here. However, this cancellation shall not be responsible when the Seller has been prevented making a delivery by a case of force majeure, as set out in Article 12 of the ST&Cs and has informed the Customer as soon as possible.
ARTICLE 6: PRICES
6.1 The prices are indicated on the Website in Pak Rupees (PKR), excluding all taxes applicable in Pakistan, & including processing and delivery costs.
6.2 The prices indicated may be changed at any time without advance notice. However, the Products shall be charged at the rate in force when the Order was validated.
ARTICLE 7: PAYMENT
7.1 The Order shall be paid either by Cash on Delivery once the order has be delivered or Electronic Transfer once the Order has been placed/at the time of order placement.
ARTICLE 8: PRODUCTS COMPLIANCE
8.1 Upon each delivery of Products, the Customer must immediately check that the delivery received, after paying the amount, complies with the Order placed. This check shall be carried out using criteria which, unless specifically agreed in writing, are as follows: compliance with the place and method of delivery, compliance with the type and quantity of Products delivered in relation to the quantity accepted and acknowledged by the carrier when loading, and the condition of the packing boxes.
8.2 If necessary, the Customer shall make his clear and precise reservations on the carrier's slip. Simultaneously, the Customer shall also send a copy of the letter to the Seller by registered letter with acknowledgement of receipt.
8.3 Should the Product delivered to the Customer not comply with the Order, the Customer may communicate the same at info@hilti.pk and return the product to the Seller if, the Seller so directs.
8.4 If non-compliance is proven and confirmed by the Seller, the Customer may ask the Seller:
· either to have a Product delivered which complies to the one ordered (provided it is in stock);
· or to have a Product of equivalent quality and value delivered (provided it is in stock);
· or to be refunded for the price of the Product within thirty (30) days of his claim through a cross check in the favor of customer.
8.5 In the event of proven non-compliance, the return costs of the Product ordered and delivered to the Customer, in addition to any delivery of another Product, shall be borne by the Seller.
ARTICLE 9: RETENTION OF TITLE
9.1 The Seller shall retain full ownership of the Products until the complete payment of the price and incidental costs by the Customer and actual collection by the Seller of the sums due under the Contract at the time of delivery (“Cash on Delivery” or “COD”). Until they are paid for in full, they shall remain in the custody of the Customer who must assume the risks thereof.
9.2 The implementation of this retention of title clause cannot have any effect whatsoever on the transfer of risks to the Customer which takes place upon receipt of the Products by the latter.
ARTICLE 10: USE OF THE WEBSITE AND PERSONAL INFORMATION
10.1 The
use of the Website shall not confer any rights. All rights used or
represented on the Website shall remain the Seller's exclusive property and
cannot be reproduced, disseminated, sold, marketed or used for other than
personal purposes by the users, whether Customers or not, without the prior and
written agreement of the Seller.
10.2 Access
to the Website is provided on an "as is" basis, accessible according
to its availability and with no guarantee from the Seller. It shall be
used at the user's risk. The Seller does not warrant that (i) the
Website, the content and Products offered shall fully meet the user's
expectations, (ii) the Website shall be uninterrupted and
free from all errors, or that (iii) the Website shall not contain any
viruses.
10.3 Computerized
registries are kept in the Sellers' IT systems under reasonable conditions of
security as proof of communications, orders and payments made by the Customer.
Purchase orders and invoices are filed on a reliable and durable medium.
The Seller shall take all steps to ensure the confidentiality of Internet
exchanges and transactions.
10.4 The
Customer has a right to access, modify, amend and delete his personal data by
communicating to us click here.
More specifically, when the Order is placed and the Customer provides his
personal data, he is asked to give his authorization,
(i) if he wishes to receive information on the Seller's Products and the Newsletter;
(ii) if he agrees to his data being shared with the Seller's partners;
(iii) for the purposes of the guaranteed secure payment on the Website.
10.5 Failing the Customer's express agreement by clicking on each of these items, the Seller agrees not to make such a use of it.
ARTICLE 11: LIABILITY
11.1 Under no circumstances can the Seller be held liable for indirect or unforeseeable damage in particular consequential loss such as financial and commercial damage, loss of business, operating loss or loss of profits, loss of earnings, loss of contracts or orders, or furthermore, loss of customers.
11.2 In any case, the amount of the Seller's liability to payment of compensation for the sole cases of direct damage is limited to the total amount of the Orders actually paid for by the Customer.
11.3 Neither is the Seller liable for the content of Websites on which hypertext links may redirect away from its own Website.
ARTICLE 12: FORCE MAJEURE
12.1 The Seller cannot be held liable for failure to fulfil one of its commitments to the Customer, if this failure is due to a case of force majeure such as war, strike (in-house or at one of its service providers), lock-out, accident, fire, ice, flood, bad weather, interruption or suspension of means of communication and/or transport, blockade, blockage of exports, prohibited import or export, cessation of production or delivery, regulatory decision of an administrative supervisory body, etc.
12.2 In this situation, the Seller shall inform the Customer of this impossibility and the measures taken to remedy it.
ARTICLE 13: INTELLECTUAL PROPERTY RIGHTS
13.1 The Products contain graphic, visual and textual elements and illustrations (the "Intellectual Property Rights"), all protected by copyrights, rights on the image, rights on models or trademark rights, the holders or owners of which are either the Seller or third parties.
13.2 Under no circumstances can the failure to mention the holder or the author be considered as rendering the Intellectual Property Rights free from exploitation. The rights of use, representation and reproduction over the Products shall continue to be held by the Seller or by the holders of the rights as specified.
13.3 Any reproduction, copy, imitation, publication, communication, marketing or use for commercial purposes of one or more of the Intellectual Property Rights and on any medium whatsoever, whether partially or fully, cannot be carried out without the prior and written authorization of the rights holders.
ARTICLE 14: DISPUTE/APPLICABLE LAW
14.1 These ST&Cs, in addition to any contract entered into pursuant to the ST&Cs, are subject to Pakistan law.
14.2 Any dispute relating to these ST&Cs shall be
dealt with under the Arbitration Act, 1940.