Online Auction Terms of Sale (for Bidders/Buyers)
- These Terms of Sale set out the terms and conditions that governs the Buyer (“your”, “you, “Buyer”) relationship as a Bidder/Buyer with Al Foah, for bidding on www.eZad.ae or on our mobile application downloadable from AppStore or PlayStore.
- The website and the mobile application are owned and operated by Al Foah Company LLC, a Limited Liability Company registered in the United Arab Emirates (“UAE”) under Commercial License Number CN-1075266, with its office located at PO Box 18454, Al Saad, Al Ain, Abu Dhabi, UAE (“Al Foah”, “Our” or “Us”).
- You are kindly requested to read these Terms of Sale carefully before registering as a Bidder on the Website. By registering as a Bidder on the Website, you, unconditionally, agree to these Terms of Sale with immediate effect.
- Definitions and interpretation
The following words shall have a specific meaning under the Terms of Sale:
- “Auctioneer” means Al Foah Company LLC or its authorized auctioneer, as appropriate;
- “Bidder” refers to a participator in bidding on the online auction;
- “Bidding Platform” refers to the www.eZad.ae or eZad App on which an auction is held operated by the Auctioneer
- “Buyer” refers to who makes the highest bid for a Lot accepted by the Auctioneer;
- “Buyer's Premium” means the additional auctioneer fees applicable to the Hammer price;
- ‘Deposit’ means amount blocked from the wallet during the bidding;
- “Delivery agencies” refers to the third-party freight company that would enable delivery of dates from the seller country to anywhere across the world;
- “Escrow Account” means the account created and managed by the Auctioneer to assure secure electronic transactions.
- “Online Auction” means only an auction held exclusively over the Website or Bidding Platform and where we have not made the Goods available for viewing or inspection.
- “Hammer Price” means the price of the highest bid accepted by the Auctioneer for a Lot by end of the Online Auction time;
- “Lot(s)” means the goods that we offer for sale at the Online Auction;
- “Premium” means the fee that we will charge on purchase of a Lot, to be calculated as set out in Clause 5;
- “Premium Inclusive Auction” means the Hammer price is the final price the buyer will pay;
- “Processing Facility” refers to the facility that would carry out processing to the raw dates including but not limited to washing, fumigation, packaging etc.
- “Quality Standards” refers to the quality standards as set out in Annexure 1
- “Receiving Center” refers to the receiving venter that would receive, certify ad store the dates by the seller before they are brought by the buyer
- “Minimum price” means the minimum Hammer Price at which a Lot may be sold;
- “Sale Proceeds” means the net amount due to the Seller;
- “Seller” refers to the owner of the Lots offered for sale at the online auction through the Auctioneer;
- “Terms of Sale” means these terms of sale, as amended or updated from time to time;
- “Total Amount Due” means the Hammer Price for a Lot, the Premium, any VAT or import duties due and any additional charges payable by a defaulting buyer under these Terms of Sale;
- “Trader” means a Seller who is acting for purposes relating to that Seller’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf;
- “Value Added Services (VAS)” refer to services contracted by the auctioneer on behalf of the buyer to processing facilities;
- “VAT” means Value Added Tax or any equivalent sales tax;
- “Wallet” means the electronic case where the Bidder/buyer should deposit funds to participate in auctions
- “Website” means our website available at www.eZad.ae and the mobile application.
In these Terms of Sale, the words 'you', 'yours', etc. refer to you as the Bidder/Buyer. The words “we”, “us”, etc. refer to the Auctioneer. Any reference to a ‘Clause’ is to a clause of these Terms of Sale unless stated otherwise.
- Terms of engagement
We will provide the following information in relation to each listed Lot:
- The receiving center will inspect the lot received and generate a certification including
- A detailed description of the variety, nature, quantity, quality, weight, infestation, size etc. (whatever applicable and/or based on our quality of receiving dates guidelines) of each Lot along with the place of origin of the lot;
- The certification generated by receiving centers will follow the criteria below:
- In UAE, the certification followed by eZad centers are those set forth by Al Foah Co.LLC.
- In KSA, the certification followed by eZad is National Center for Palms and Dates (NCPD)
- In KSA, the certification followed by eZad is National Center for Palms and Dates (NCPD)
- Once the lots are listed, the auction would be active for 6 hours by default and we reserve the right to change the auction duration if needed and bidders can check the auction duration once it is live. Having the highest bid once the auction duration is over guaranteeing a sale
- Bidders will be required to register themselves with the Bidding Platform. The Bidders should provide a valid company documentation as mentioned on the Bidder Platform
- Only after successful registration on the bidding platform, buyers would be allowed to make bids
- Registration to be done only once, each buyer would be provided with login credentials post successful registration
- The buyer to upload the trading license of the company while registration. In case of expiry of the license at any time, the platform would block the buyer account until a new license has been uploaded and approved by admin in the platform
- Upon registering as a buyer/bidder, the preferred currency needs to be chosen. The wallet currency can only be changed via request to the customer service and after the wallet is completely emptied either by use of funds or by refund of funds. If a buyer chose to refund the funds from his/her wallet, the funds can only be transferred to the person under whose name the account is created.
- By bidding online, it is assumed that the bidder has carefully read the certification and is satisfied with the lot(s) condition(s)
- Bidders can start bidding after depositing funds into their wallet. Bidders can bid on single or multiple auctions up to 5 times the amount available in their wallet
- A bidder can only bid for a lot when it has at least 20% of the lot highest bid price in their wallet. At the event of placing the bid, the amount would be blocked by the bidding platform in an escrow account. In case the bidder is no longer in the lead in the auction, the amount would be made available to the bidder in real time
- The Bidder with the highest bid at the end of the auction period would have his/her 20% of the deposit, which was blocked, deducted from the wallet
- In the event of winning the bid and non-completion of the purchasing process within 5 days, the buyer will forfeit the 20% amount deducted by the bidding platform
- The bidding Platform will charge VAT and other duties applicable per country of origin and according to the tax regulations of the country of origin
- Buyer has the option to choose Value Added Services (VAS) such as washing, fumigation, packaging (sizes to differ based on the countries) … etc. Based on the VAS selected, the buyers would need to complete the payment at the VAS check out by bank transfer, card payment or wallet funds. The prices of the value-added service may differ based on countries, processing facility & date varieties
- Upon winning the bid the buyer may choose to pick up his lot or have it delivered. In case of pick up, loading charges to be applicable.
- The buyer has the option to get the dates delivered to any location across the world. Freight and insurance charges may require a maximum of 72 business hours to be quoted for, the lots hammer price does not include any shipping charges, VAS charges nor shipping cost.
- The payment for the dates VAS needs to be paid while checking out the VAS. The payment for the freight and delivery needs to happen maximum by 48 hours after the quote for the same has been received (most likely the payment for the dates & VAS would need to be done separately, and that for freight & insurance separately)
- Handover and collection of purchased Lots - Once the Buyer has paid in full, lot ownership to be transferred from Seller to Buyer.
- An email listing all the documents required for exporting of dates to the buyer delivery location would be prepared and sent to the buyer. The buyer will have 48 hours to verify the list and add any additional documents needed. An extra charge may occur for the additional documents. In case the buyer does not respond within 48 hours, then only that list of documents would be prepared. In case of any issues during freight services, the buyer to take responsibility
- Buyer to have an option to consolidate their won auctions. In certain cases, based on destination country and availability of freights, it would be advisable that the buyer completes 1 full 20 ft. container/ 40 ft. container for shipping to take place
- No offline payments would be accepted by the bidding platform
- Bidding Platform accepts payment in AED securely over the Website/App and accept all major debit and credit cards. Bidding platform would also accept bank transfers in the following currencies: AED, SAR, JOR, USD
- The actual weight of the lot, once received by the Buyer may deviate during quality inspections with a deviation of +/- 1.5% due to, but not limited to a change in moisture and variance in calibration of scales
- The Auctioneer shall not under any circumstance; shall not be liable to compensate, indemnify and/or hold harmless the Buyer and its respective officers and employees for and from all losses, damages, costs and reasonable expenses (including reasonable legal costs), as well as any third party claims whatsoever arising from any fault or negligence of the Auctioneer or any party acting on its behalf or under its instructions.
- The Buyer/Bidder shall indemnify the Auctioneer for any loss of business, loss of profits, or for any form of indirect, special or consequential loss or damage, save for loss of reputation or goodwill, whether arising from negligence, breach of these Terms & Conditions, tort, breach of statutory duty or otherwise, provided always that nothing contained herein shall exclude any party’s liability for death, personal injury caused by its negligence and/or any liability that cannot be lawfully excluded
- Bidding Platform to provide insurance services via a third party at an added charge and all proceedings regarding the same to be taken up by them. The bidding platform would facilitate the proceedings but would not be under any circumstances liable for the same
- All credit/debit cards detail and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
- Each of the clauses of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
- Bidding Platform reserves the right to alter or modify these Terms of Sale from time to time, without prior notice to anyone, and you are required to read them carefully before every Sale/Bid.
- Return Policy / Quality related customer complaint - The buyers need to contact the eZad customer care within a maximum of 3 days within delivery in case they believe that they have not received the dates as listed on the platform. eZad to send an investigation panel or undertake an investigation by a third party on the delivered dates. In the scenario that the panel approves that the dates sent are not the right ones or the quality is improper, eZad will guarantee that the buyers get their money back or they receive similar grade dates in return
- Notifications/Communications - All notifications/communication between Buyer and Bidding Platform will be sent to Buyer’s registered email address, mobile SMS & app notification. For any queries get in touch with customer service
- General - Bidding Platform acts as an agent for our Sellers. The rights mentioned in Terms of Sale may be used by either of us, our employees or agents, or the Seller, its employees or agents, as appropriate against any breach of the rules and obligations laid down herewith. Other than as set out in this Clause, these Terms of Sale are between you and us and no other person will have any rights to enforce any of these Terms of Sale.
- Buyer's Premium - The Buyer(s) would require paying a buyer’s premium on the Hammer Price of each Lot purchased on the rate of (5%) of the Hammer Price.
- The Hammer Price
- The premium of 5% of the Hammer Price
- VAT and any other duties applicable to the Lot
- The buyer would be needed to pay an admin charge of 1.5% on all the transaction that takes place on eZad using the payment gateway method of payment. These charges might have variations based on the changing policy of the banks that we work with.
This User Privacy Notice applies to your use of this website and all eZad applications, services (including payment services), products and tools (collectively the 'Services'), regardless of how you access or use these Services, including access via mobile devices and apps.
eZad is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
eZad.ae may change this policy from time to time by updating this page.
What we collect
We may collect the following information:
- Name and job title
- Contact information including email address
- Demographic information such as postcode, preferences and interests
- Other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
We may use the information to improve our products and services. We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, or mail. We may use the information to customize the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
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Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
We are committed to not sharing your information with any other business. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing our customer service.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you upon a nominal fee. If you would like a copy of the information held on you please send a request to customer service. If you believe that any information, we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect. Should you wish for all of your information to be removed from our records, please contact customer service.
Payments for our services:
All credit/debit card details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
We accept payments online using Visa and MasterCard credit/debit card in AED (or any other agreed currency)”. We also accept payments in the form of bank transfer, please enquire with customer service for banking details.
Force Majeure –
Neither party shall be liable for failure to perform any of their obligations hereunder when such failure is caused by or results from any Force Majeure Event. In the event that the parties or either of them is unable to perform its obligations under this Agreement as a consequence of a Force Majeure Event, the parties shall negotiate in good faith and shall exert their best efforts to find reasonable solutions to overcome the Force Majeure Event. If the parties fail to find a reasonable solution to such Force Majeure Event, and if such Force Majeure Event continues for a period of sixty (60) days or more, either of the parties hereto may terminate this Agreement immediately.
Governing Law and Dispute Resolution
These Terms of Sales shall be governed by and construed in accordance with the laws of the United Arab Emirates. Any dispute or claim arising out in connection with The Terms of Sale shall be submitted to the exclusive jurisdiction of Abu Dhabi courts