ONLINE AUCTION SELLER AGREEMENT
Introduction
This Online Auction Seller Agreement (the “Agreement”) sets out the terms and conditions that governs the Seller’s (“You”, “Your”, “SELLER”) relationship seller with 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 Ain, Abu Dhabi, UAE (“We”, “Our”, “Us”, “AUCTIONEER”) for selling your Dates on www.eZad.ae or on the mobile application. SELLER
You are kindly requested to read these Terms and Conditions carefully before registering on the Website. By registering as a SELLER on the Website, you agree the terms of this Agreement with immediate effect.
WHEREAS, the SELLER who is a farmer/ Dates producer/trader/home farmer owning a farm producing Dates/ a business trading dates, and has selected the AUCTIONEER to sell said Dates through the eZad online auction under the terms and conditions hereinafter set forth.
WHEREAS, the SELLER confirms that he has attained the legal age of majority which is 21 years of age, and possess the legal capacity to trade and participate in Auctions as a SELLER and being of sound and disposing mind and memory and not being actuated by any duress, menace, fraud, mistake or undue influence confirm his willingness to appoint the AUCTIONEER to sell said Dates under the terms and conditions hereinafter set forth.
WHEREAS, the SELLER confirms and acknowledge that he did not consign or market or display his Products/Dates through any other Auctioneer or any other Auction Website, Application or Platform.
TERMS AND ENGAGEMENT
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SELLER engages AUCTIONEER for the purpose of selling dates at an Online Auction (hereinafter “ONLINE AUCTION”) to be conducted via www.eZad.ae and AUCTIONEER mobile application (hereinafter the“ WEBSITE”). The SELLER understands that Dates and products from other SELLERs may be included in Online Auctions
The following are the Online Auction Terms and Conditions that govern the relationship with the Auctioneer in the use of the Online Auction and must be accepted, without modification, before you may access Online Auction services or authorize the AUCTIONEER to perform the same on your behalf.
The Terms and Conditions of this Agreement, together with any additional terms and conditions specific to the Online Auction which are listed in the Terms and Conditions on the Website for that particular auction which may be amended or changed from time to time as per the sole discretion of the AUCTIONEER constitute the entire agreement between you and AUCTIONEER regarding the use of Online Auction services with respect to the Online Auction.
The AUCTIONEER will not notify the SELLER with the change to the terms and conditions as such changes will be available on the Website www.eZad.ae if you use Online Auction services of AUCTIONEER or access to the website www.eZad.ae or use the application of the AUCTIONEER you shall be deemed to have agreed to such changes. The WEBSITE Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore, you’ are encouraged to frequently visit these sections in order to be updated about the changes on the website. Modifications will be effective on the day they are posted. AUCTIONEER assumes no responsibility for any direct, indirect or consequential loss to anyone arising out of any such modification to the WEBSITE whatsoever.
The AUCTIONEER reserves the right, in its sole discretion, to allow or deny access to the Online Auction to any person. Upon acceptance of your application for access to the Online Auction you will register your username and password that will identify you whenever you place bids using Online Auction services. You are responsible for all activities that occur using your username and password.
The AUCTIONEER reserves the right to limit, suspend or terminate any of the services provided via the Online Auction whether provided by the Website or application or any other available means and may prevent users from accessing Online Auction whether provided by the Website or application or any other available means or remove any materials posted on it, or take electronic or legal measures to prevent users from accessing the Online Auction whether provided by the Website or application or any other available means without any notice to any SELLER The AUCTIONEER reserves the right to suspend or cancel any account with immediate effect and without notice, if the SELLER found to violate the terms of this Agreement or any breach inconsistent with any regulation or the Online Auction service(s).
The Online Auction will be posted and conducted on AUCTIONEER’S website at www.eZad.ae
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The SELLER shall accept these terms and conditions stated herein, otherwise the SELLER dates may not be included in the Online Auction
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The buyers are responsible for any delivery/loading or other logistics cost related to the transportation of dates
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This Agreement shall be effective as of the date, where the SELLER first accepted the terms and conditions when registering and shall continue in full force and effect unless the SELLER chooses to cancel the account or the AUCTIONEER restricts the SELLER based on the terms of the Agreement
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SELLER shall be entitled to place a Minimum Price on any Lots of dates to be listed at AUCTION. The Minimum Price will be by default set as per the AUCTIONEER’s commercial value and can be changed by SELLER on the WEBSITE prior to the auction’s start, within a period of 24 hours
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The SELLER agrees to sell any Dates with a bid at the Online Auction that meets or exceeds the Minimum price
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The SELLER hereby represents and warrants to the AUCTIONEER and to all the Buyers of the Dates to be sold that:
- he/they has or will obtain good merchantable title, free and clear of any and all encumbrances whatsoever;
- the SALE of the Dates has been duly authorized;
- the person signing this Agreement for the SELLER has been duly authorized.
- the AUCTIONEER reserves the right to reject any Dates that do not adhere to the quality standards as set out under Annexure 1 (“Quality Standards”).
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The SELLER agrees to pay to the AUCTIONEER for the following fees:
- A registration fee of 150 AED per year, which will be waived for 2021
- A listing fee of AED 50 to be charged for each listed Lot. The listing fee will be waived for the first five (5) lots listed
- 5% commission on all sales of Dates in return for the Auction services, this commission will be reduced to 3% for 2021. The commission of 3% will be reduced to 0% for the first transaction
- A certification fee of 42.20 Fils per KG for service of quality inspection, logistics and other operational fees. The certification fee would be waived if the sale is NOT completed as a result of the Online Auction not being successful
- Any storage fees incurred by the SELLER at the rate of 3 AED per MT per calendar day
- An optional featured listing fee of 150AED if chosen by the SELLER
- The SELLER undertakes to pay any outstanding fees including but not limited to listing, storage, certification prior to collecting their Dates after an unsuccessful auction
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All financial dues to the SELLER shall be remitted to the SELLER within approximately (10) working days following the SALE DATE or sooner. No proceeds will be remitted until the Lot price has been paid in full by the buyer. Payments are accepted online using Visa and MasterCard credit/debit card in AED or any other agreed currency with the merchant service provider.
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The AUCTIONEER will add all sale or use taxes including Vales Added Tax (VAT) sale of Dates and the same shall be paid by the Buyers. The SELLER is responsible for remitting the VAT to the competent authorities.
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Refunds will be done only through the Original Mode of Payment.
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The AUCTIONEER will carry out a certification and grading action on the dates received from the SELLER and reserves the right, at its sole discretion, to reject any Dates from being included in the Online Auction
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The SELLER agrees that dates brought in for certification and grading are already pre-sorted and uniform in variety
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The SELLER agreed to accept the grading and certification offered by the auctioneer as the certification that will be listed on the website/app
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The AUCTIONEER agrees to give the Seller 3 chances to recertify before blocking the Seller from booking future appointments
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The SELLER agrees to book appointments to bring in the Dates for certification and grading on the eZad platform
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The SELLER agrees that the AUCTIONEER will only allow each lot to be listed a maximum of two times
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The SELLER agrees to collect the unsold Dates within a period of 72 hours or else is required to pay a storage fee per Ton per day
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The SELLER agrees to attend appointment after booking in case the SELLER does not attend 3 appointments that are previously booked, the AUCTIONEER has the right to block the SELLER from making future appointments
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The SELLER agrees to book appointment using the variety & number of crates in which he would bring the Dates to receiving center. The minimum number of crates is 42 crates
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The AUCTIONEER agrees to return the SELLER’s crates after the successful selling of an ONLINE AUCTION
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In the case where an online AUCTION is successful but buyer does not pay for the agreed auction value, the AUCTIONEER will relist the dates with no additional charge to the SELLER
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The SELLER agrees to be responsible for entering valid and correct data during registration
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Al Foah guarantees bidding on all auctions listed by Al Foah registered farmers where the minimum prices have not been altered
Privacy Policy
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.
This privacy policy sets out how eZad.ae uses and protects any information that you give eZad.ae when you use this website (including payment services, product and tools (collectively the ‘Services’), regardless of how you access or use these Services, including access via mobile devices and apps.
eZad.ae 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.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
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.
DISCLAIMERS:
The SELLER acknowledges and agrees that the internet is an unreliable, unsecured, and error-prone network and the AUCTIONEER cannot and does not guarantee continuous, uninterrupted or secure access to the Online Auction or to the SELLER Information, including that auction registrations and bids will be transmitted or received in a timely fashion. The SELLER agrees to hold the AUCTIONEER harmless for any interruptions in the Online Auction or the inability to reach or effectively use the Online Auction or Website or application.
In no event shall AUCTIONEER be liable for consequential or incidental damages of any kind including, but not limited to, any lost profits (however arising, including negligence) arising out of or in connection with this agreement or the use of Online Auction services.
By agreeing to this Agreement, the SELLER provides his consent to the AUCTIONEER to collect and store his data securely in accordance with the applicable rules and regulations, and which shall be used in the management of the SELLER’s account with the AUCTIONEER. The SELLER further acknowledges that all credit/debit cards details, and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties. The actual weight of the Lot may deviate from the weight captured during the receiving and quality inspection process by up to 2% due to, but not limited to a change in moisture and variance in calibration of scales.
Limitation of liability: SELLER understands and agrees that neither AUCTIONEER nor any of its directors, officers, employees, agents or shareholders shall be liable for any direct, indirect, special, consequential or incidental damages, of any nature arising out of (a) the failure of any bidder information or other data to be transmitted or received in a timely fashion, (b) the interruption of any data transmission, or audio or video broadcast, (c) the downloading of any applications or information related to Online Auction, or (d) the use of or inability to use Online Auction or web site, to the full extent those damages can be disclaimed by law. This limitation of liability is expressly intended to apply to all types of damages, including, but not limited to, damages for loss of profits, loss of business opportunity, loss of business information (including loss or replacement of any data, memory or other information which is altered or damaged) or business interruption (whether resulting from failures or delays in delivery or performance).
GOVERNING LAW: This Agreement and the service through the WEBSITE shall be governed by and interpreted under the laws of UAE and any dispute between both Parties shall be referred to the courts of Abu Dhabi exclusively.