ZERO takes its responsibilities very seriously. We support and respect the protection of Human Rights for all. We are committed to maintaining and improving systems and processes to avoid complicity in Human Rights violations and encourage ethical conduct within our operations, our supply chain, our partners and subcontractors; in particular we have taken steps to ensure that slavery, forced labor, child labor, workplace abuse and human trafficking are not taking place in any parts of our business.ECOMMERCE (ONLINE STORE SALES)
1. DEFINITIONS AND INTERPRETATION1.1 IN THESE CONDITIONS:
Contract means any contract for the sale of goods and/or the supply of services between us [Nabila’s (Pvt.) Limited] and you (the ‘Buyer’) into which these Conditions are incorporated;
Conditions means the standard terms and conditions of sale set out herein, including any special terms and conditions agreed in writing by us and attached hereto;
Product / Goods mean the product / goods and/or services which we shall supply / provide in accordance with these Conditions, details of which are set out here in below;
We means Nabila’s (Pvt.) Limited and “us” and “our” shall be construed accordingly;
Youmeans the customer whose details are set out here in below and “your” shall be construed accordingly. ‘Writing’ includes facsimile and e-mail transmission and comparable means of durable communication.
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.3 We do not warrant the suitability of a product for any specific use or application other than the use or application for which it is intended as defined by the manufacturer. You the ‘Buyer’ should satisfy yourself as to the suitability of all goods ordered, for the purpose for which they are required. However, we shall not be held liable for any direct loss, consequential or otherwise, if the product is subsequently used for a purpose other than that for which the manufacturer intended. Consumer’s rights, as under the laws enforced in the country of delivery of product, are not restricted by this term.
1.4 For the purposes of these terms and conditions, a ‘consumer’ is defined as “any person who, is acting for purposes that are outside their business”; a ‘Business Purchaser’ is defined as ‘any person who, in buying something, is acting on behalf of a business or other similar organization”.
2. BASIS OF SALE
2.1 These terms and conditions will not affect your statutory rights if you are purchasing as a consumer.
2.2 The use of this website and sales on this website are governed by Pakistani Laws. By using this site you agree to submit any dispute to the exclusive jurisdiction of the Pakistani Courts only.
2.3 These Conditions shall apply to all Contracts for the sale of Goods by us to you by telephone, facsimile or through our website to the exclusion of all other terms and conditions unless otherwise agreed. Any variation to these terms and conditions that a Business purchaser may wish to make, must be agreed by us and acknowledged in writing by us. Any terms or conditions which a Business Purchaser may purport to apply under any purchase order, or any variation of these Conditions shall not be binding unless agreed in writing by us and attached hereto. For a business purchaser these Conditions set out the entire agreement to the exclusion of all other terms and conditions.
2.4 This term is applicable to business customers only:The placing of an order by a Business Purchaser via our website, by telephone or facsimile confirms comprehensively your acceptance of these terms and conditions to the exclusion of all others unless agreed in writing between the authorised representatives of Nabila’s (Pvt.) Limited and you the ‘Buyer’. Our employees or agents are not authorised to make any representations concerning the Goods unless confirmed by us in writing. By entering into a Contract, you acknowledge that you do not rely on any such representations which are not so confirmed.
2.5 Where you are a consumer buyer, placing an order via our website, by telephone or facsimile comprehensively confirms your acceptance of these terms and conditions to the exclusion of all others unless otherwise agreed between the authorised representatives of Nabila’s (Pvt.) Limited and you the ‘Buyer’. Consumer’s rights under the enforced laws of Pakistan or where the delivery is made are not restricted.
2.6 Where the Goods are to be delivered in installments, each installment shall constitute a separate Contract. Failure by us to deliver any installment shall not entitle you to treat the Contract as repudiated unless you are purchasing as a ‘consumer’ and have strong grounds for doing so.
3. ORDERS AND SPECIFICATIONS
Making a purchase – Click here for our guide to making a purchase
3.1 No order submitted by you shall be deemed to have been accepted by us unless and until we properly confirm it. All orders are subject to availability and on a first-come first-served basis. Goods cannot be reserved and we reserve the right to refuse to accept any order received at any time. If we refuse to accept an order placed, any payment made will be refunded back to the payment card at our earliest opportunity and without any unreasonable delay.
3.2 Orders can be placed by browsing our store, and adding any items that you wish to buy into the shopping cart. When you finish your selection, click on ‘Proceed to Checkout’ where you will then be asked for a few details that are required to process your order. You will then be directed to our secure Business Payment Gateway processing service called PayTabs whereby your payment details will be securely authorised.
Only those business customers identified below may place orders for subsequent invoicing, all other customers must pay at the time of placing any order, as detailed below.
PAYING BY INVOICE
Organizations are entitled to pay by invoice providing we receive a signed purchase order;
To avoid delays, your purchase order should include the following information;
- Purchase Order Number
- Invoice Address
- Delivery Address
- Accounts contact name and telephone number
- Delivery contact name and telephone number
- E-mail address (if available)
- Additional delivery information you may feel useful
Purchase orders can be e-mailed to _________________ . Alternatively you may post your order to:
Nabila’s (Pvt.) Limited
10-Q, Ground Floor, Dr. Fatima Mateen Road Entrance, Gulberg II,
Lahore - Pakistan
3.3 Once all the details shall be successfully completed then you will receive confirmation that your order has been placed. This confirmation will indicate that we have received your order and to confirm that a payment has been made and does not constitute an acceptance of your order or that we have agreed a contract of sale. Your order will be reviewed on the most likely on first working day following the placement of your order and our acceptance or refusal of the order will be confirmed at this time. Normal working days are Monday to Friday 9.00 am to 6.00pm. However, orders placed online after 5:00 pm will be processed the next day to schedule the delivery. Nevertheless, the airway bill will be generated immediately.
3.4 you shall solely be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving us any necessary information relating to the Goods or the delivery method within a sufficient time to enable us to perform the Contract in accordance with these Conditions.
4. PRICE OF THE GOODS
4.1 The price of the Goods shall be the price quoted by us. All prices and price information were correct at the time of publishing and shall be subject to change without notice. The quoted prices are for online originating from our website only, and may not be the same as at our retail shop.
4.2 Local Customers will be able to shop our products from multi-brand stores soon. However purchases made at multi-brand stores will be charged at the current applicable price as displayed there and not as shown on our web-site, unless we agree otherwise. We will add to each of our entry pages into the webshop the following statement. ‘’Pricing on the webshop is generally cheaper than in our retail shop and unless agreed otherwise when buying from multi-brand stores. The prices charged at multi-brandstores will be charged at the applicable price as displayed’’.
4.3 We reserve the right, by giving notice to you at any time before delivery, to increase the price of the Goods due to any factor not within our reasonable control, such as any change in delivery dates, quantities or specifications of the Goods requested by you, or any delay caused by your instructions or your failure to give us adequate information or instructions. You will be asked to re-confirm your order at the new price.
4.4 For Business Purchasers the price charged for goods supplied will be that ruling at the time of dispatch, should this be different to your order received then we will inform you prior to the dispatch of goods.
4.5 The price is inclusive of any applicable tax which you shall automatically be liable to pay to us. Any changes in the rate of any such tax shall result in an automatic change in our quoted prices.
4.6 In the event of an ordered product not being available for supply, we reserve the right to provide an alternative of comparable or better specification to that ordered. This does not affect your statutory rights of rejection if you are purchasing as a consumer.
4.7 In the event that a product is listed at an incorrect price due to a typographical or clerical error or error in pricing information from our suppliers, we shall have the right to refuse or cancel any orders based on the incorrect price if the order has not been accepted and our acceptance has not been confirmed to you.
5. TERMS OF PAYMENT
5.1 Payment at the time of order can be made using our secure Business Payment Gateway processing service called Pay Tabs where by your payment details will be securely authorised. We only accept orders for subsequent invoicing from certain organizations such as Local and National Government, Police and Educational Organizations such as Schools, Colleges and Universities and also from Registered Charities. A valid signed purchase order must be supplied for these orders. Please see our Payment Options guide for our terms of payment and details of the information required for purchase orders.
5.2 If you fail to make the required payment on the due date, we reserve the right to do any/all of the following where reasonable:
- cancel the Contract or suspend further deliveries to you;
- appropriate any payment made by you to such of the Goods as we may think fit; and
- charge you interest (as well after as before any judgment) on the amount unpaid, at the rate of 3% per month above our Bank base rate from time to time, until payment is made in full, accruing pro rata on a daily basis.
6.1 Time for delivery shall not be of the essence of the contract unless previously agreed in writing by us. In the unlikely event of a delay in fulfilling a consumer’s order, the purchaser can write to us setting a reasonable deadline for delivery – please also see 6.2 below.
6.2 Any goods which are out of stock at the time of order will be placed on backorder and subsequently supplied as soon as they become available. Every attempt will be made to fulfill any order within a maximum of 30 days. In all cases we will make every attempt to contact you to advice of any known delay for any goods ordered within forty eight (48) hours of receipt of the order, using the contact details provided by you to us with your order. In the event that we are unable to deliver any goods ordered, within the stated 30 days, we will notify you in writing of the extended lead time prior to the expiry of the 30 day period. Your consumer rights to cancel this order and receive a full refund of any monies paid are not affected by this statement. Business Purchasers may not cancel any order placed, unless the express agreement to this cancellation is confirmed by us in writing.
6.3 Carriage prices quoted are for deliveries to sites within Pakistan and a many other countries only, excluding some remote parts where a surcharge may apply. Any surcharge applicable will be notified in writing prior to dispatch of the goods, at which time you have the option to cancel any order placed and receive a full refund of any paymentmade. We reserve the right to specify which delivery method is used to deliver your order and any subsequent order received from you.
6.4 All deliveries will require a signature upon delivery, unless otherwise stated on our order acknowledgement. You shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery. Our aim is to dispatch all orders received within 48 hrs. If the goods are not available for dispatch within this time we will notify you within 48 hours from receipt of the order when the estimated delivery date will be and a firm date will be confirmed prior to dispatch of the goods.
Working days are deemed to be Monday to Friday only and exclude weekends, bank holidays and all official holidays.
Specialist carriers are used for safe deliveries to ensure safe and efficient delivery of your order, a date range will be agreed with you prior to delivery being arranged by us, to ensure it is convenient and that the property is accessible.
If a delivery is aborted due to an error or omission on your part, we reserve the right to make a charge where reasonable, to reflect our losses.
Unless we are at fault, no more than 3 attempts will be made to deliver goods. After the 3rdattempt, we reserve the right to treat the contract as repudiated and may be entitled to recover our losses.
An aborted delivery can be due to no one being at the given destination to accept and sign for the parcel. If you suspect there may be any problems or issues that may inhibit our carrier’s ability to affect delivery, then you must inform us as soon as is possible to avoid any unnecessary charges being incurred.
6.5 For Business Purchasers, if we fail to deliver the Goods (or any installment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
6.6 We will not be liable for failure to deliver the goods if this is caused by fault on your part or circumstances beyond our reasonable control and anticipation e.g., acts of God.
7. CANCELLATION AND RETURNS POLICY – CONSUMERS
7.1 For consumers, Nabila’s (Pvt.) Limited operates a cancellation and return policy in line with the requirements set out in the Distance selling Regulations. As a consumer, you have the right to cancel an order for goods at any time before the delivery activity is executed by us. Once you have received the goods, you are responsible for them and if your order is cancelled you will be responsible for the cost of returning the goods to us. In the event of cancellation, goods must be returned with their original packaging, unused and in good condition within 30 days from receiving.
7.2 Where goods are found to be faulty you should inform us as soon as the fault becomes apparent and we will arrange for their collection and replacement or other suitable remedy where appropriate.
7.3 If you do not return the goods we will make a claim against you for breach of contract. This claim will be equal to and no greater than the costs incurred by us for collection of these goods. These goods must be made available to us for collection at an agreed date and time range. Where these goods are not made available for collection and have not been returned to us we reserve the right to claim the full price of the goods supplied and their delivery costs. This claim will be deducted from any refund due to you or will be recharged to you via the payment method originally supplied with your order, where refunds have already been processed.Please note that for Pakistan we do not accept returns or exchanges
7.4 All refunds will be processed and credited to you within 28 working days.
8. CANCELLATION AND RETURN POLICY – BUSINESS TO BUSINESS TRANSACTIONS
8.1 If you wish to cancel any order it must be done so by notification in writing or other durable medium to include facsimile and e-mail, and should be done so as soon as is reasonably practical to do so. In all cases, if the goods have been delivered to you during last 72 hours or are already on route to you, you must return the goods within 30 days of the date of delivery.
8.2 Before returning any item, you must contact us and obtain a Customer Return Authorization number, the goods must then be returned unused, in their original packaging, unopened, undamaged and within 14 days of the delivery date. The goods should be securely and adequately packaged to prevent damage in transit.
8.3 No return will be accepted without a Customer Return Authorization number.
8.4 Goods should be returned to us or our nominated agent, details of which will be confirmed to you when obtaining your Customer Return Authorization number. All postage and packing costs incurred by returning goods will be at your expense and if paid for by us will be deducted from any refund given. Refunds will only be given for the cost of postage and packing paid for by you, when the goods returned are found to be faulty.
8.5 All refunds will be processed and credited to you within 28 days of receipt of the returned goods.
9. RISK AND PROPERTY
9.1 For business purchasers the risk of damage to or loss of the Goods shall pass to you in the case of Goods to be delivered otherwise than at our premises, at the time of delivery or, if you fail to take delivery of the Goods, the time when we have tendered delivery of the Goods.
9.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the legal and equitable property in the Goods shall not pass to you until we have received payment in full of the price of the Goods.
9.3 With specific regards to business purchases, until such time as the Goods passes to you (and provided the Goods are still in existence and have not been resold) we shall be entitled at any time to require you to deliver up the Goods to us and, if you fail to do so forthwith, to enter upon any premises where the Goods are stored and repossess the Goods.
10. WARRANTIES AND LIABILITY
10.1 Subject to as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by the applicable laws. Where the Goods are sold to a person dealing as a consumer, we warrant that the Goods are of satisfactory quality and fit for their normally intended purpose.
10.2 Where the Goods are sold under a consumer transaction, your statutory rights are not affected by these Conditions.
10.3 With specific regards to business purchases, Except in respect of death or personal injury caused, we shall not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by our employees, agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by you, and our entire liability under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
11. YOUR INSOLVENCY
11.1 If you make any voluntary arrangement, become bankrupt, insolvent or commit any other act of bankruptcy, we reserve the right to cancel the Contract or suspend any further deliveries under the Contract without any liability to you, and if the Goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
12.1 Neither party will be liable or deemed to be in breach of contract by reason of delay or failure to perform any of the Company’s or customer’s obligations if the delay or failure to act is due to a cause beyond either party’s reasonable control.
12.2 These Conditions do not purport to confer a benefit on any third party.
12.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in a durable format such as letter or e-mail addressed to the other’s principal place of business.
12.4 No waiver by us of any breach of the contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.5 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder of this agreement shall not be affected.
12.6 The Contract and these Conditions shall be governed by the laws of Pakistan, and you agree to submit to the exclusive jurisdiction of the Pakistani courts.
12.7 We reserve the right to monitor and record telephone calls our staff receives and make in order to monitor staff performance and ensure the highest service possible to our customers
13.1 We are committed to protecting your privacy. We will only use the information that we collect about you lawfully.
13.2 If you purchase a product or receive service from us, we request certain personal identifiable information from you on our order form. You must provide contact information such as name, email, billing and shipping addresses and financial information such as credit / debit card number and expiration date if paying by credit or debit card.
We use this information for billing purposes and to fulfill your orders. If we will face trouble processing an order, we will use this information to contact you.
13.3. We use outside shipping companies to fulfill orders, and a credit card processing company to bill you for goods and services.
We may dispatch the goods directly from the manufacturer warehouse. In these instances we will provide the manufacturer with your shipping and contact details to allow delivery.
13.4 We do not share, sell, rent, or trade your personal identifiable information with third parties for any unknown or unrelated uses.
13.5 We reserve the right to disclose your personal identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on us.
We use technology to track the patterns of behaviour of visitors to our site. This includes using a “cookie” which is a small text file stored on a user’s computer for record-keeping purposes. We use two types of cookies, session ID cookies and persistent cookies.
Session ID cookies are used to make it easier for you to navigate our site and store items in your shopping basket. A session ID cookie will expire when you close your web browser and leave our website. A persistent cookie remains on your hard drive for an extended period of time and enables us to track and target the interests of our users to enhance the experience on our site.
When an order is placed, we link the information we store in cookies to any personal identifiable information that you submitted while placing your order. As an example, if you performed a search on Google and visited our website and made a purchase the persistent cookie would tell us that Google was the website where you found us.
You can remove persistent cookies by following directions provided in your Internet browser’s “help” file or by using the Microsoft Help & Support page:How to delete cookies.
If you disable cookies, you may still use our site, but your ability to use some areas of our site may be limited. You may also experience difficulties adding items to your basket.
13.6 Nabila’s (Pvt.) Limited takes your security seriously and therefore we utilize a Business Payment Gateway card processing service which means that when the order is placed on our website, credit card details are encrypted and these are then only decrypted after they reach their computer. They are not held at any time in clear text on any website.
13.7 Tax charges are those that are applicable in the country of delivery or and will be charged on all orders where tax is applicable at the governing rate.