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General Terms and Conditions with Customer Information of DIMAX International Poland Sp. z o.o.*
1. Seller Information
These General Terms and Conditions (“GTC”) are issued by:
KONNER SOHNEN POWER EQUIPMENT TRADING L.L.C S.O.C (the “Seller”)
Represented by: Oleksii Rodionov, Director
Registered office: Al Khabeesi Building, Plot 128-246, Al Khabeesi, Dubai, United Arab Emirates
Trade License No.: 1623869 | Commercial Register No.: 2860680 | TRN: 105523586300003
Issuing Authority: Department of Economy and Tourism (DET), Dubai
Phone: +971 50 868 70 38 | Email: info.uae@dimaxgroup.com
2. Scope and Definitions
2.1 These GTC apply to all contracts for the sale of goods concluded between the Seller and the Customer via the Seller’s online shop, by telephone, or by email. Any terms and conditions of the Customer shall not apply unless expressly agreed by the Seller in writing.
2.2 “Consumer” means any natural person who purchases goods mainly for personal or household purposes, unrelated to their commercial or professional activity.
2.3 “Business Customer” means any natural or legal person who purchases goods in the course of their commercial or professional activity, including for resale.
2.4 “Customer” means both Consumers and Business Customers. Where these GTC distinguish between them, this is expressly stated.
2.5 These GTC are supplemented by the Shipping Terms, the Return Policy, the Warranty Card, and the Privacy Policy, all of which form an integral part of the contract.
3. Conclusion of Contract
3.1 Products presented in the online shop do not constitute a binding offer by the Seller, but an invitation to the Customer to place an order. Product images may differ slightly from the actual product; the specifications in the product description shall prevail.
3.2 The Customer places an order by adding products to the shopping cart, completing the checkout process, and clicking the final order button. Before doing so, the Customer can review and correct all entered data. A summary is displayed showing the products, the total price including VAT, the delivery cost, and the delivery time. Orders may also be placed by telephone or email.
3.3 After receiving an order, the Seller sends an automatic email acknowledging receipt. This acknowledgement does not constitute acceptance of the order. The contract is concluded when the Seller sends an order confirmation by email or dispatches the goods, whichever occurs first.
3.4 If the Seller does not accept the order within 5 (five) business days, the order is deemed not accepted, and any amount paid will be refunded in full without delay.
3.5 The Seller may decline an order, in particular in the case of an obvious pricing error, unavailability of the product, or suspected fraud. In such cases, any amount paid will be refunded in full without delay.
3.6 Contracts concluded electronically are valid and binding in accordance with Federal Decree-Law No. 46 of 2021 on Electronic Transactions and Trust Services.
4. Contract Language and Storage
4.1 These GTC and contracts are available in Arabic and English.
4.2 The Seller stores the contract text and sends the order details, including these GTC, to the Customer by email. Customers with a user account can access their order history through their account.
4.3 The Customer must ensure that the email address provided is correct and that emails from the Seller, or from third parties engaged by the Seller to process orders, are not blocked by spam filters.
5. Right of Return
5.1 Consumers may return products within 14 days from the date of delivery in accordance with the Return Policy.
5.2 Business Customers may return non-defective goods only with the Seller’s prior written consent.
5.3 This does not affect the Customer’s rights in respect of defective products under Clause 9.
6. Prices and Payment
6.1 All prices are stated in UAE Dirhams (AED) and include 5% Value Added Tax, unless stated otherwise. The Seller issues a tax invoice in accordance with UAE VAT legislation.
6.2 Delivery within the UAE is free of charge in accordance with the Shipping Terms. For deliveries outside the UAE (where offered), customs duties, import taxes, and bank charges shall be borne by the Customer.
6.3 The available payment methods are shown at checkout: [list payment methods, e.g. credit/debit card, bank transfer, cash on delivery].
6.4 Card payments are processed by a licensed third-party payment service provider. The Seller does not store full card details.
6.5 Where prepayment by bank transfer is agreed, payment is due immediately upon conclusion of the contract, and the goods will be dispatched after receipt of payment.
6.6 Where instalment or “buy now, pay later” services are offered, they are subject to the terms of the respective provider and may require a credit assessment. The Seller remains responsible for all enquiries regarding the goods, delivery, returns, and complaints.
7. Delivery
7.1 Goods are delivered in accordance with the Shipping Terms to the address specified by the Customer within the delivery area.
7.2 If delivery fails for reasons attributable to the Customer (for example, an incorrect address, absence after repeated delivery attempts, or refusal of acceptance without justified reason), the Customer shall bear the reasonable costs of redelivery or return of the shipment.
7.3 If the goods are unavailable for reasons not attributable to the Seller (for example, a supplier fails to deliver despite a timely order), the Seller will inform the Customer without delay and may withdraw from the contract; any amount paid will be refunded without delay. If goods are only partially available, the Customer may choose partial delivery or cancellation of the order.
7.4 Where the Seller offers self-collection, goods may be collected by prior arrangement, free of shipping charges.
8. Transfer of Ownership and Risk
8.1 Ownership of the goods passes to the Customer upon full payment of the purchase price.
8.2 For Consumers, the risk of loss or damage passes upon delivery of the goods to the Consumer or to a person authorised to receive them.
8.3 The same applies to Business Customers, unless the Business Customer arranges its own carrier, in which case the risk passes upon handover of the goods to that carrier.
9. Warranty and Liability for Defects
9.1 The Seller shall deliver goods free from defects. The manufacturer’s warranty applies in accordance with the Warranty Card: 3 (three) years or 1,000 operating hours, whichever occurs first.
9.2 In the case of a defect covered by the warranty, the Seller will repair or replace the product; if this is not possible, the purchase price will be refunded. The Seller bears the necessary costs, including transport, labour, and materials. Replaced parts become the property of the Seller.
9.3 Consumers: These GTC do not affect the Consumer’s rights under Federal Decree-Law No. 15 of 2020 on Consumer Protection and its Executive Regulations.
9.4 Business Customers:
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the Seller chooses the method of remedy (repair or replacement);
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the Business Customer must inspect the goods immediately upon receipt and notify the Seller in writing of visible defects or incompleteness within 5 (five) business days of receipt, and of hidden defects promptly after discovery, including a detailed description of the defect and the invoice number. Failure to notify excludes claims relating to such defects to the extent permitted by law;
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used goods are sold without warranty unless otherwise agreed in writing;
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a Business Customer who resells the goods must notify the Seller promptly of any defect complaints received from its own customers.
9.5 Exclusions. The warranty does not cover:
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normal wear and tear and consumable parts;
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defects caused by misuse, overloading, improper operation, or use contrary to the user manual;
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defects caused by inadequate maintenance or the use of unsuitable fuel, oil, or non-original spare parts;
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repairs or modifications by persons not authorised by the Seller;
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damage caused by accidents or external factors;
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defects of which the Customer was aware at the time of conclusion of the contract (for example, discounted goods sold with a disclosed defect).
9.6 Use and Installation. The Seller is liable for fitness for a particular purpose only if this has been expressly agreed in writing. The Seller’s recommendations on the use of generators and other equipment serve as general technical guidance and must be adapted to the specific conditions on site. Installation and connection, in particular to an electrical network, must be carried out by qualified personnel in accordance with the applicable standards and regulations in the UAE. The Seller is not liable for damage resulting from improper installation by the Customer or by third parties not engaged by the Seller.
9.7 Unjustified Claims. If inspection shows that the defect is not covered by the warranty (for example, it was caused by misuse), the Seller will inform the Customer accordingly. The Seller may charge reasonable costs of diagnosis and transport only if the Customer was informed of these costs before the inspection.
10. Limitation of Liability
10.1 The Seller is fully liable for death, personal injury, or damage to health; for fraud, intentional misconduct, or gross negligence; and in all cases where liability cannot be excluded or limited under UAE law.
10.2 Otherwise, with respect to Business Customers, and to the extent permitted by law, the Seller’s liability is limited to direct and foreseeable damage typical for this type of contract and shall not exceed the purchase price of the goods concerned. The Seller is not liable to Business Customers for indirect or consequential loss, loss of profit, or business interruption.
10.3 With respect to Consumers, the Seller’s liability is governed by the applicable laws of the UAE.
10.4 The above provisions also apply to the liability of the Seller’s employees, agents, and representatives.
11. Force Majeure
Neither party shall be liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, extreme weather, epidemics, governmental measures, war, strikes, or disruptions in transport services. The Seller will inform the Customer without delay. If such an event continues for more than 30 days, either party may cancel the contract, and any prepayments will be refunded.
12. Personal Data
The Seller processes personal data in accordance with its Privacy Policy and Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data.
13. Governing Law and Dispute Resolution
13.1 These GTC and all contracts concluded under them are governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai.
13.2 The parties shall first attempt to resolve any dispute amicably. Customers are asked to contact the Seller at info.uae@dimaxgroup.com or +971 50 868 70 38.
13.3 Consumers may also file a complaint with the competent consumer protection authority, in particular the Department of Economy and Tourism in Dubai or the UAE Ministry of Economy.
13.4 The courts of Dubai shall have exclusive jurisdiction over any dispute arising from or in connection with these GTC, without prejudice to the Consumer’s right to file a complaint with the competent consumer protection authority.
14. Final Provisions
14.1 The Seller may amend these GTC at any time. The version in force at the time the order is placed shall apply to that order.
14.2 If any provision of these GTC is or becomes invalid, the validity of the remaining provisions shall not be affected.
14.3 In the event of any inconsistency between the Arabic and English versions, the Arabic version shall prevail.