Terms & Conditions
1.1 These general terms and conditions (“Terms”) govern the subscription of products and services (“Subscription” or “Subscriptions”) which may be found at https://ae.wisewell.com/pages/subscription-terms-and-conditions (“Site”).
1.2 The products and services are provided by and You are entering into a subscription agreement with Wisewell Trading LLC a company established under the laws of Dubai Economic Department, license number 1083555 with its principal place of business at 23 rd Floor, Damac Smart Heights, Barsha Heights, PO BOX 393578, Dubai, UAE (“Wiswell”, “ we”, “ us” and “our”) We also do business under the name and style of “Wisewell Subscription and Services” (“Wisewell”) We are the operator of the Site In these Terms, “ You” and “ Your” refers to any person who wishes to have, has, or has had a Subscription.
1.5 In these Terms, any words importing the singular shall include the plural and vice versa, and words importing a specific gender shall include the other genders (male, female, or neuter).
1.6 These Terms constitute a binding agreement between You and us, if You do not accept any of these Terms, please do not proceed with any Subscription.
2.1 In these Terms, the following words and expressions shall have the meaning assigned hereunder except where the context otherwise requires:
3. YOUR OBLIGATIONS
3.1 You represent, undertake, and warrant that:
3.1.1 You are at least eighteen (18) years old and have full capacity and authority to (and do) accept and agree to these Terms.
3.1.2 You have not previously been suspended or prohibited from using the Site.
3.1.3 You are not bankrupt, and that You are not involved in proceedings arising out of or in connection with a declaration of bankruptcy, taking on any Subscription under these Terms would not cause You any economic or other hardship.
3.1.4 You will comply with all applicable laws and regulations with respect to Your activities on and in connection with the Subscription.
3.1.5 You will take possession of any Subscription Product that has been delivered in accordance with the Subscription Confirmation.
3.1.6 the Subscription Products will be under Your care, custody, control and responsibility once they are delivered to the Specified Address as mentioned by You, or to any third party that has been designated by You to take delivery.
3.1.7 You are responsible for the condition of the premises at the Specified Address, and You:
220.127.116.11 will take all the necessary measures and precautions to ensure that Your floors, walls, and other features of Your home are well protected from any potential damaged that could be caused as a result of the Subscription Product being delivered to your premises;
18.104.22.168 in the event, of strict and confined spaces, You would be fully responsible for ensuring to take special care of protect Your walls, ceilings and/or any other surfaces prior to the delivery of the Subscription Product; and
3.1.8 there are no physical obstruction(s) with respect to the completion of the delivery and/or the completion of any additional services acquired, including but not limited to:
22.214.171.124 obstructed pathways;
126.96.36.199 confined spaces such as small stairways, small elevators that will not fit the Subscription Product, stories without elevator access and/or any means to move the Subscription Product into the premises.
3.1.9 You would be required to choose a set-up time that is compliant with any local rules, community rules and/or by-laws that may be set by or applicable to Your premises;
3.1.10 You would be fully responsible for ensuring that the Subscription Product fits within the intended set-up location;
3.1.11 You would be responsible for setting up the location for the Subscription Product at Your premises and would therefore be responsible for ensuring that the premises has the requisite outlets and connections (including but not limited to, water, electricity and sewerage outlets) for the operation of the Subscription Product.
3.1.12 For the proper and effective usage of the Subscription Product and ensure it is in good working order, You would also be responsible for ensuring that the following (as applicable, and as indicated in the Subscription Product’s description) are present and available at the time of set-up:
188.8.131.52 internet connection; and/or
184.108.40.206 water supply.
3.1.13 You are the owner or the authorized user of the Payment Card to be charged, and that the name on the Payment Card is reflects Your actual full name as per the records provided to us;
3.1.14 You shall provide us with any/all information with respect to the Payment Card as is necessary for the transaction to be deemed confirmed and successful;
3.1.15 Any/all payments in relation to Your Subscription would be charged automatically on a timely manner as per the Subscription plan you had selected at the time of check out. Should Your Payment Card fail to be approved we would send a reminder for You to update the payment details 24 hours after the first payment has been rejected. If after 48 hours, Payment Card details have not been duly updated and payment cannot be made we would notify you in writing and cancel your subscription.
3.1.16 You would be required to complete any/all payments in relation to Your Subscription as per the Subscription plan you had selected at the time of check out.
3.1.18 You agree and accept to always read and follow the user instruction manual and/or the instructions on the packaging of the Subscription Product, before setting up or using the Subscription Product;
3.1.19 unless set-up service has been ordered via the Site or is expressly included in the Subscription, You will be responsible for setting up the Subscription Product in accordance with the instructions and warnings stated in the Subscription Product’s user instruction manual.
3.1.20 subject to reasonable wear and tear, You will be required to maintain the Subscription Product(s) in good condition as may be reasonably accepted and deemed as satisfactory per normal standards of usage; and
3.1.21 use the Subscription Product only in accordance with the instructions and warnings stated in the Subscription Product’s user instruction manual. Wisewell, will not be responsible for any issues arising out of Your wrong usage of the Subscription Product and neglecting to follow the instructions and warnings staged in the user instruction manual.
4.1 Account Set-Up. You will be required to set-up an Account on the Site. You will be required to enable certain features and functions on the Account, You will be required to complete the set-up procedures specified on the Site and You agree that it is Your responsibility to ensure the security of, and/or Your continuous control over, Your Account.
4.2 Acceptance of these Terms. Your placing of a Subscription, and acceptance of these Terms by checking the confirmation box as part of the check-out process (e.g., by clicking Confirm, Start Subscription, book a service, or through such method as may be provided on the Site) shall be considered as a binding acceptance of these Terms by You, to the exclusion of any other terms which are implied by trade, custom or practice.
4.3 Communications to You. Applicable laws may require that certain communications to You shall be in writing. By accepting these Terms, You agree that any communication that shall be made in writing may be provided via WhatsApp messaging service (“WhatsApp”), electronic mail (“e-mail”) or by posting notices on the Site, and that such communications shall be considered to be in compliance with any legal requirements that all communication(s), made by us to You, shall be in writing. This condition does not affect Your statutory rights.
5. PRODUCT LISTINGS
5.1 Essential Characteristics and Product Changes. The Subscriptions, Services and their products’ essential characteristics are described on the Site. We may change the composition, characteristics or assortment of the subscriptions or products on the Site at, or their presentation or packaging at our sole discretion. Such changes shall not apply to Subscriptions which have already been accepted by us, or are already in force; unless the changes are required by law.
5.2 Reusable Packaging. The Subscription Products (as defined below) will be packaged in reusable packaging. Please take note to keep them in good condition and do not throw them away. When the Subscription Products are returned to us, they will need to be returned to us in its original packaging that we had been provided to You.
5.3 Depiction of Products on Site. The images of the products on the Site are for illustrative purposes only. Although every effort has been made to display the colours accurately, it cannot be guaranteed that a device’s display of the colours accurately reflects the colours of the products. The product may therefore vary from those images presented on the Site.
5.4 Shopping carts - availability of stocks. All Wisewell Subscription and Services and their respective products are subject to availability, while stocks last. If a specific product of a Subscription, that has been placed in the cart, runs out of stock before the Subscription is confirmed, we will inform You.
6. OWNERSHIP OF SUBSCRIPTION PRODUCTS
6.1 Ownership. At all times, we are and will remain the owner of the Subscription Products. We shall not be obliged to deliver any Subscription Products or perform any other obligation under a contract until we have received final confirmation that You have paid us in full, any/all amounts due outstanding amounts owed to us under the relevant contract.
6.2 Ownership Label. All Subscription Products will have a label signifying our ownership. You agree and acknowledge that You will not remove any such labels and You shall, at Your own expense, maintain in a prominent position on each Subscription Product, any tags or identifying labels provided by us to indicate our ownership of the Subscription Product Except as mentioned above, You shall not allow the name of any other person or legal entity to be placed on the Subscription Product during the tenure that the Subscription Product is under Your possession.
7. SUBSCRIPTIONS AND SUBSCRIPTION ACCEPTANCE
7.1 Placing a Subscription. You can place a subscription by completing the online checkout process on the Site, and subsequently providing the necessary information, on the form specified on the Site (“Subscription Offer”). In order for us to proceed the subscription you would be required to provide us with the following information, including but not limited to:
7.1.1 appliances / products that You wish to subscribe to (“Subscription Product(s)”);
7.1.2 the Delivery address or the updated address in your account should you need to move the Subscription Product from one location to another (“Specified Address”);
7.2 Accuracy of Your information. You will be responsible for the accuracy of the e-mail address, delivery address, the mobile number and all other information provided to us. If You discover that any information provided to us as part of placing a Subscription is incorrect, You shall immediately within 48 hours inform our Customer Care team and provide the correct information. In the event, it is not possible to correct the information due to certain risk(s) such as fraud or other such similar issues, we hereby expressly reserve the right to cancel the Subscription and agree to reimburse any amounts already paid to us by You, in relation to the Subscription.
7.3 Trial Period. Our Subscription Offers have a thirty (30) day trial period (the “Trial Period”) in which you decide to continue or cancel the Subscription Agreement. Should You wish to cancel the Subscription Agreement during the Trial Period, we will proceed to do so without penalty. Otherwise, should You wish to continue, any premature cancelation will adhere to the conditions stated in Clause 14.2.
7.4 Irrevocable Subscription Offers. You agree that Subscription Offers are irrevocable after the Trial Period, unless we come to an amicable arrangement and/or agreement otherwise, in writing. If there are intervening circumstances which necessitate Your withdrawal of the Subscription Offer, or which would reasonably preclude You from performing Your obligations under the contract, please contact our Customer Care team to make Your withdrawal request. We will respond to such requests on a case-by-case basis.
7.5 Confirming Subscription Offer. Prior to Your placing of the Subscription Offer, You shall check the order summary, Your delivery address, and Your contact information. The Subscription Offer constitutes a legally binding offer by You to contract based on these Terms herein, in accordance with the specifications contained in the Subscription Offer.
7.6 Subscription Fees. You shall make the payment for the Subscription when placing the Subscription Offer, in accordance with clause 11 herein. The Subscription Fees will include:
7.6.1 Monthly Subscription Fee (as described at https://ae.wisewell.com/products/subscription-of-wisewell-model-1 during checkout);
7.6.2 Other additional fee/add-ons fee (as described at https://ae.wisewell.com/products/subscription-of-wisewell-model-1 during checkout).
7.7 Acknowledgement of Receipt. After a Subscription is placed, You will receive an e-mail from us acknowledging receipt of the Subscription (“Receipt of Subscription Order”). This automated Receipt of the Subscription Order is, solely, an acknowledgment of receipt of the order and does not constitute acceptance of the Subscription, or a legally binding contract between You and us. A contract is constituted only when we send the Subscription Confirmation.
7.8 Changing Subscription Details Before Delivery. If the Subscription has not yet been processed in our warehouse (usually within a few hours of the Subscription being placed), then You may be able to make a request to make changes to Your address, contact details and any Subscription Products ordered. However, the placement of any request to make changes does not guarantee that these changes will apply. We reserve the right to reject any such request at our sole discretion should such concession prove to be difficult to adhere to.
7.9 Changing Subscription Details Before Delivery. If the Subscription has not yet been processed in our warehouse (usually within a few hours of the Subscription being placed), then You may be able to make a request to make changes to Your address, contact details and any Subscription Products ordered. However, the placement of any request to make changes does not guarantee that these changes will apply. We reserve the right to reject any such request at our sole discretion should such concession prove to be difficult to adhere by.
8.1 Delivery Services Only. We, or the Delivery Partner that we may engage will only provide delivery services. We, or our Delivery Partner, will not unbox or set-up the Subscription Product upon delivery, unless such other service has been ordered in Your Subscription Confirmation.
8.2 Delivery Hours. We deliver from Monday to Saturday between 9.00 a.m to 6.00 p.m., excluding public holidays. Once confirmed, a Subscription will be delivered within one (1) to three (3) working days (Sundays and public holidays excluded) upon the receipt of the Subscription Confirmation.
8.3 Delivery Standards. Subject to Clause 8.2, we will use best efforts to deliver the Subscription Product(s) at the Specified Address as per Your Subscription details, at the Specified Time stated in the Subscription Confirmation, in accordance with the selected delivery option. Certain circumstances that are out of our control, such as heavy traffic conditions, or motor accidents, may occur during the estimated delivery time. We will, therefore, use our best efforts to complete the delivery within the estimated delivery time specified in the Subscription Confirmation.
8.4 Delivery Dates and Timelines. The delivery dates provided on the Site and in the Subscription, Confirmation are estimated delivery dates, and are non-binding. In the event, there is a change to the estimated delivery date provided in the Subscription Confirmation, whether as a result of manufacturing delays or other unforeseen events, we will provide You with a new delivery date. If delivery is made via an appointment as set forth in clause 8.8, we will then contact You to set-up a new appointment. If for any reason, for no fault of Your own, we are unable to deliver a Subscription Product within thirty (30) days after the Subscription was placed by You then You would have a right to partially terminate the Subscription as it relates to the undelivered Subscription Product; unless both parties have expressly agreed to a later delivery date. Upon the initiation of such cancellation, we will refund to You any amounts already paid in relation to Subscription Products not received.
8.5 Delivery Methods and Batching. Various delivery methods may be available to You, depending on the quantity of the Subscription Products ordered and the Specified Address. If You order multiple Subscription Products, then we, at our sole discretion, will endeavour to deliver the multiple orders at the same time provided such an approach is practicable and feasible for our us and our Delivery Partner. If we are unable to deliver all Subscription Products at the same time, we will contact You in advance in order to agree on a split delivery or delayed delivery.
8.6 Delivery Acknowledgement. You will be asked by us, or our Delivery Partner, to sign, whether in wet-ink or electronically, a delivery note and acknowledge Your undertaking of the Subscription Product possession.
8.7 Notice on Successful Delivery. After successful delivery of the Subscription, You will receive an email with a copy of the invoice. For earlier access to the invoice, You may view the invoice by accessing Your My Account on the Site.
8.8 Making Delivery Appointments. If a delivery appointment must be made for delivery, for instance, due to unforeseen events that are out of our control, as described in clause 8.3, or failed delivery in clause 8.10.3, we or a Delivery Partner shall contact You after the Subscription Confirmation to agree on a date and time for the delivery to take place. The only possible change that could occur would be to the billing address of the chosen payment method.
8.9 Damages During Delivery. We, or our Delivery Partner, are not responsible for any damage(s) incurred as a result of Your breach of Your obligations in clauses 3.1.5 to 3.1.8 or if such damage is not due to any fault or negligence on our part, or on the part of the Delivery Partner.
8.10 Failed Deliveries. The following conditions apply to failed delivery attempts:
8.10.1 Failure to Take Possession of Your Delivery. If You are unable to take possession of the Subscription Product at the Specified Time and Address, and this is not attributable to any fault of ours, we will not refund You for any costs incurred by us arising out of or in connection with the delivery, or any services ordered to be performed at the time of delivery to You;
8.10.2 Anticipating Failure to Take Possession. If You become aware that You may, for any reason, be unable to take possession of the Subscription Product at the Specified Address and Specified Time and would like to arrange for a new date and time for delivery of the Subscription Product then You should contact our Customer Care team as soon as possible. The cost for any new delivery and additional services ordered by You, such as set-up etc., will be borne by You;
8.10.3 Failed Delivery Attempts. If You fail to take possession of the Subscription Product at the Specified Address and Time, we will attempt to contact You three (3) times to arrange delivery for a new date and time. We will arrange for another delivery in accordance with clause 8.8. If we are still unable to deliver the Subscription Product after three (3) attempts of trying to contact You, or after each delivery attempt wherein You have failed to take possession of the Subscription Product, or for any other reason where the fault cannot be attributed to us, then You agree and acknowledge that:
220.127.116.11 the Subscription Product will be sent back to the warehouse;
18.104.22.168 we may terminate the Subscription; and
22.214.171.124 we may impose a delivery charge equivalent to AED 200.
In the event of such termination, You will receive a refund of any payment that has been made by You, less (a) any costs that we may have incurred in attempting a delivery(ies) to You, and/or (b) the charges referred to in clause 126.96.36.199 above.
8.10.4 Failure to Agree on New Delivery Time. If You do not arrange and agree on a new delivery date and time within fourteen (14) days after the first failed delivery attempt, we reserve the right to terminate the contract immediately, upon giving You notice. We will not be liable for any additional costs, or for any compensation to You, other than a refund of the price paid by You for the Subscription Product, minus any costs incurred by us arising out of or in connection with the return of the Subscription Product and/or any loss of value of the Subscription Product suffered by us, since the first attempt to deliver.
9. SET-UP SERVICES AND ADDITIONAL SERVICES
9.1 Provision of Set-up Services. After delivery is complete, we will only provide set-up of the Subscription Products if this has been expressly specified in the Subscription. For the avoidance of doubt, this will be expressly specified in the Subscription Confirmation when:
9.1.1 You have chosen to use our set-up services when placing a Subscription; and/or
9.1.2 certain items require set-up – this will be specified in the description of the Subscription Product on the Site.
9.2 Set-up Appointments. We or the Set-up Partner will contact You to schedule a date and time for the set- up service to be performed (“Set-up Appointment”) If You are not contacted by us or the Set-up Partner within two (2) working days, You may contact our Customer Care team.
9.3 Cancelling or Rebooking a Set-up Appointment. Any cancellation or rebooking by You of a Set-up Appointment must be made under the following circumstances:
9.3.1 If delivery is to take place at any time after forty-eight (48) hours after the Subscription Confirmation, at least forty-eight (48) hours before the scheduled appointment and no longer than seventy-two (72) hours;
9.3.2 if delivery is to take place within forty-eight (48) hours after the Subscription Confirmation, within 6 hours of Subscription Confirmation.
9.4 Cancelling or Rebooking Outside Allotted Time. If a cancellation/rebooking is made after the time specified in Clause 9.3.1, we will not refund any costs incurred by us in relation to the set-up back to You. You will have to pay for a new set-up of the Subscription Product at an additional cost. This will also apply in cases where the price of the first set-up was included in the price of the Subscription Product or was provided to You at no additional cost.
9.5 Set-up Conditions. Subject to clause 9.1, the following conditions apply to any set-up service performed by us or a Set-up Partner, who may also be the Delivery Partner:
9.5.1 Permission. You agree to allow the us or the Set-up Partner carry out the set-up service on Your premises.
9.5.2 Your Presence. In order to complete the set-up service, we will require You, or someone delegated by You, to be present at the designated premises during the Set-up Appointment. Either You, or Your delegate, will need to allow us entry to the premises.
9.5.3 Punctuality. We, or our Set-up Partner, will not wait beyond the scheduled time specified in the Set-up Appointment. If You are not present, You will need to schedule a new Set-up Appointment, and additional costs may be charged to You depending on the set-up service that You have chosen, based on the current price list for such services. For the avoidance of doubt, such additional costs may also apply to cases where the price of the first set-up was included within the price of the Subscription Product.
9.5.4 Testing of Subscription Product. We will test the Subscription Product to ensure it is in good working order.
9.5.5 Guidance. We will provide You with guidance on how to use the Subscription Product.
9.5.6 Outside Scope of Set-up Services. We do not:
188.8.131.52 move electrical outlets or set up new outlets and/or extensions;
184.108.40.206 provide any form of carpentry work, such as drilling holes in walls or cabinets; or
220.127.116.11 set up or fix water pipeline on the premises.
9.5.7 Accessories. In some cases, You may need set-up accessories that are not included with the Subscription Product. In such cases, we or the Set-up Partner will recommend what is needed. You may purchase the set-up accessories directly from us or the Set-up Partner so that the set-up can be completed.
9.5.8 Discontinuing Set-up. If we or the Set-up Partner deems that the work involved in the electrical set-up:
18.104.22.168 is dangerous;
22.214.171.124 deviates from applicable laws and regulations;
126.96.36.199 may cause damage to persons and or the environment; or
188.8.131.52 triggers other safety concerns,
we and/or the Set-up partner will not continue the set-up.
9.5.9 Set-up failure or interruption. Where the installer fails to complete the set-up, or must interrupt the service (as in the preceding clause), due to:
184.108.40.206 You not having followed the set-up requirements for the Subscription Product provided to You in these Terms, or as may have been stipulated on the Site and/or any Subscription Product description, or as may have been notified to You at any reasonable time prior to the start of the set-up service;
220.127.116.11 any other obstruction at the designated premises, for a fault or negligence that cannot be attributed to us or the Set-up Partner.
You will need to schedule a new Appointment. This will be done at an additional cost as may be agreed between You and the Set-up Partner, or, as stipulated by us, depending on the set-up service that You have chosen pursuant to the current price list for such services. For the avoidance of doubt, such additional costs also apply to cases where the price of the first set-up was included in the price of the Subscription Product.
9.5.10 Remedial Measures. You are entitled to request that the Subscription Product is re-set up or request for a refund, as applicable, if the performed Set-up Service has not been carried out in accordance with the Terms herein or under the applicable law(s). We reserve the right to request additional information from You, so as to verify such a request.
9.5.11 Post-Setup Actions by You. If You experience any flaw in, or issue with, operation of the Subscription Product resulting from any further set-up/setup related steps taken by You that were against our instructions or the Set-up Partner’s instructions, we reserve our right to:
18.104.22.168 refuse to award a refund to You; or
22.214.171.124 to claim compensation from You in case the set-up service has been performed twice in ignorance of the relevant reason at the material time. When a refund is to be awarded, we will process this as soon as possible, subject to clause 12.5. Unless otherwise agreed, the refund will be made by means of the same payment method originally used by You when subscribing to the Subscription Product.
10. PRICES AND DELIVERY COSTS
10.1 Prices as Displayed. All prices of the Subscription Products or additional services are as quoted in United Arab Emirates Dirhams (AED) on the Site, inclusive of applicable taxes. Unless indicated otherwise on the Site or during the check-out process, prices do not include delivery or return costs, such costs will be calculated as follows:
10.1.1 Delivery costs will be calculated and displayed during the checkout process;
10.1.2 Return costs will be calculated as per Clause 14.5.
10.2 Prices Based on Reasonable Conditions. Prices for delivery or set-up services are determined on the assumption that these services can be executed under conditions that can be reasonably expected. For example, if access to the place of delivery is difficult due to the presence of gates, narrow passages, traffic restrictions on heavy vehicles, reduced size of elevators, absence of elevators or hoists, in the case of deliveries to the upper floors, or deriving from the need to adapt existing furniture on the premises to set- up the Subscription Product, there will be additional costs that will be agreed in advance between You and us, or the Delivery / Set-up Partner. If no agreement can be reached, the Subscription Product will remain in our possession, or in the possession of the Delivery or Set-up Partner. In such a case, we reserve the right to end the Subscription by notifying You, at no additional cost to us and no compensation being due to You, other than a refund of the price paid by You for the Subscription Product. We will deduct any costs that have been incurred by us (up to that point), and/or any loss of value of the Subscription Product suffered since the first attempt to deliver was made. We will also not refund any costs relating to the delivery, set- up of the Subscription Product or any additional services ordered by You which were scheduled to take place at the Specified Time.
10.3 Erroneous Prices. In the event that any price or any information about prices on the Site is erroneous, and/or has otherwise been mistakenly put up on the Site, and this was known or, due to the obvious nature of the erroneous or inaccurate information, should reasonably have been known by You, we may:
10.3.1 update the Subscription with the correct price;
10.3.2 cancel the Subscription by notifying You;
10.3.3 if You request to change the Subscription, we will use our best efforts to facilitate changing the Subscription, as long as it is reasonable.
10.4 Cancellation Due to Erroneous Prices. If the Subscription is to be cancelled, You agree that we are not liable to pay You any compensation for a mistake committed with respect to erroneous prices placed on the Site. Our only obligation is to refund the sum(s) which You may have paid to us in relation to the cancelled portion of the Subscription.
10.5 Refunds Due to Erroneous Prices. If the erroneous price on the Site is higher than the actual price, and You wish to retain the Subscription, we will change the Subscription as mutually agreed upon in writing, and refund to You the difference. For ease of transacting on the Site, we may cancel Your Subscription and require You to place a new Subscription.
11.1 Payment Options. Payment is limited to the options provided on the Site for the different Subscriptions which would include major payment cards. The Subscription including the Trial Period is one hundred and fifty Dirhams (AED 150) paid monthly, and You make the payment for the Subscription through Your payment card of choice (“Payment Card”). We currently accept multiple credit and debit cards Payments, which are processed through a secure payment gateway. We may change our offering of cards and banks at any time, at our sole discretion.
11.2 Third Party Payment Services. We use a third party aggregator to handle the payments and do not store any information relating to Your account and/or You credit card, etc. Payment requests may be rejected by the third party aggregator based on their internal policies We are not responsible for such decisions.
11.3 Authorisation to Charge. By communicating the information on Your Payment Card, You authorise us to charge Your Payment Card for the amount corresponding to the total price of the Subscription, and on a recurring basis as indicated in the Subscription Confirmation. The payment will be authorised when the Subscription Offer is placed.
11.4 Successful Payment. Upon successful payment, a Receipt of Subscription Order will be sent to Your e- mail address. The Payment Card will be debited and settled once the Subscription Products are ready for delivery to You.
12. SUBSCRIPTION PRODUCT QUALITY AND FITNESS, CLAIMS AND REFUNDS
12.1 Inspection Upon Receipt. You shall inspect and examine the Subscription Product immediately upon receipt and verify whether the quality and quantity of the Subscription Product corresponds with that which has been contractually agreed upon, as recorded on the Subscription Confirmation.
12.2 Contacting Us About Defects. You may contact us to arrange for a return or collection, or regarding any complaint or claim if the Subscription Product is defective, malfunctioning, or otherwise unfit for purpose. We will acknowledge any request, claim or complaint within two (2) working days and will seek to resolve it as soon as possible.
12.3 Remedial Measures. Subject to clause 12.7, we shall i) perform a 1-to-1 exchange of the Subscription Products with similar goods, such as faulty parts with spare parts or accessories within 4-5 working days of our being notified; or ii) take back the Subscription Products and refund any amounts paid by You for the Subscription Products, only under the scenarios where we fail to repair or correct a defect within the time period allotted and communicated to You after having looked into Your claim.
12.4 Costs. In relation to clause 12.3, we shall bear the cost of repairs and shipping to transport the Subscription Products, spare parts, or accessories to and from Your premises.
12.5 Refunds. In the event that we provide a refund, we will refund:
12.5.1 the price paid for the Subscription Product(s); and
12.5.2 any add-on services that were charged but not used
We will not provide a refund for any add-on services that were charged but already used.
12.6 Refund Timelines. We will make refunds according to the following timelines:
12.6.1 For payments made via credit and/or debit cards, within fifteen (15) working days from the date we receive Subscription Products, You will receive the eligible amount back onto the card originally used.
12.7 Exclusions. We will not perform any of the remedial measures per clause 12.3, under the following scenarios:
12.7.1 abuse or misuse of the Subscription Product contrary to the user instruction manual and/or the instructions on the packaging of the Subscription Products, which is available at www.wisewell.com and which was delivered to You, and which You agree and acknowledge has been made available to You by us;
12.7.2 improper use of the Subscription Product;
12.7.3 alteration or modification of the Subscription Product which may result in damage to the Subscription Product or may cause the Subscription Product to no longer operate as intended;
12.7.4 improper set-up or storage of the Subscription Product by third party/non-authorised service provider; or
12.7.5 improper repair, modification or servicing of the Subscription Product performed by anyone who has not received prior authorisation from us.
12.8 Disclaimer. To the extent possible under applicable law, we assume no responsibility for claims attributable to unintended or improper use of the Subscription Product, its incorrect handling or incorrect set-up (other than when we, or our Set-up Partner, have performed the set-up).
12.9 Maintenance of Subscription Products. For any information regarding the maintenance of the Subscription Products, You should consult the user instruction manual or contact our Customer Care team.
13.1 When Expert Set-up is Required. The set-up of some Subscription Products requires our expertise, or the expertise of professionally qualified personnel who have been authorised by us, to avoid the risk of damage to the premises or Subscription Products, and to avoid personal injuries You agree and acknowledge that You will not undertake set-up of such Subscription Products on Your own.
14.1 Our Termination Rights. In addition to clause 7.9, we reserve the right to terminate Your Subscriptions, with immediate effect, and You agree and acknowledge that You will return the Subscription Products or have them picked up at Your expense if:
14.1.1 You do not fulfil Your obligations under the Subscription;
14.1.2 there is reason to believe that You are bankrupt; or
14.1.3 there is reason to believe that You do not intend to be bound by the Subscription, or that You will not be able to fulfil Your obligations under the Subscription.
14.2 Premature Termination. The term of this Agreement, after completion of the Trial Period, is for a period of two (2) years, if You terminate Your Subscription prematurely, You are not entitled to a refund of fees paid. However, we have the right to collect a cancellation fee from You, in accordance with the following terms:
|Subscription Plan Name
|Subscription Term in Months
|Remainder Subscription Fee value or 2 months of subscription fee whichever is lower.
14.3 Costs and Losses. After termination, all costs, and losses incurred by us in connection with repossession/refurbishment of the Subscription Products shall be borne by You.
14.4 Intention to Purchase. Whilst under the Trial period, should You wish to purchase the machine instead of subscribing to the terms and conditions of this Agreement, we will deduct the Trial Period Payment of AED 150 out of the machine’s total price, deeming the Subscription Agreement terminated.
14.5 Termination and Return Costs. Should You or us terminate this Agreement, the Return Cost of the machine will be equal to one hundred dirhams (AED 100).
15. FORCE MAJEURE
15.1 Contractual Release. We shall be legally released of, and not obliged to comply, wholly or partially, with any obligation in relation to You, in case of an unforeseeable event outside of our control (“Force Majeure”), which shall include (but not be limited to) fire, explosion, epidemics, pandemics, quarantines, typhoon, flood, military activity, war, riot, stoppages of work, industrial, any form of action governmental intervention, breakdown of plant or machinery (including transportation), or any other circumstances outside our reasonable control.
15.2 Consequences. During an event of Force Majeure, our obligations are suspended for a period equal to the period during which the event of Force Majeure exists. If the event of Force Majeure continues for a period of more than two (2) months thereby materially affecting our performance of its obligations, either You or we may terminate the Subscription affected by the event of Force Majeure with immediate effect by notifying one working week in advance the other party in writing thereof, without any compensation being due, other than the a refund by us of all amounts paid by You for the Subscription Product, except for any Subscription Product(s) or services that were charged and had been used.
16.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by gross negligence, fraudulent misrepresentation or any other liability which may not otherwise be limited or excluded under applicable law.
16.2 Our liability to You in any event will be reduced by the extent to which any loss arises out of Your negligent act or omission.
16.3 Without prejudice to Clause 8.2, our liability shall be limited to direct damages caused by its fraud, deception, or intentional failure.
16.4 Our aggregate liability under any agreement arising out of or in connection with the Terms shall in no event exceed the total amount paid to us by You during the term of such agreement. Our liability for any single event shall not exceed the amount paid to us by You pursuant to the Subscription Confirmation and the invoice to which the liability pertains.
16.5 To the fullest extent permitted by law, we shall not be liable to You, whether in contract, tort (including negligence), statute or otherwise, for any loss to the extent that it is for indirect, special, economic or consequential loss, where consequential loss means any loss beyond the normal measure and beyond that which every plaintiff in a like situation would suffer, or for any loss of revenue or profits of any nature whatsoever, loss of expected savings, loss of chance or business opportunity, business interruption, loss or reduction of goodwill or damage to reputation.
17.1 Any provision these Terms that is intended (whether expressly or by implication) to survive the termination or expiry of these Terms, shall remain in full force and effect, including without limitation clauses 12 (Subscription Product Quality and Fitness, Claims and Refunds), 16 (Liability) and 18 (Applicable law and jurisdiction).
18. APPLICABLE LAW AND JURISDICTION
18.1 These Terms shall be governed by, and construed in accordance with, the laws of the Dubai International Financial Centre (hereinafter “DIFC”).
18.2 The Parties irrevocably agree that the DIFC Courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).