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1. INTRODUCTION:
a. The domain http://www.tinytusky.com including any web pages thereof is the website (“Website”) of Tiny Tusky General Trading FZE (from now on “Tiny Tusky ”, “we”, “us” or “our”).
b. Please also read the Terms and Conditions (“Terms”) and other policies as set out on the Website before proceeding to place an order. By placing a purchase order, it shall be deemed that you have read the Terms and Conditions and other policies, including this policy, and that the same are acceptable and binding upon you.
2. INVITATION OF OFFER AND ACCEPTANCE OF OFFER:
a. All products and information displayed on the website are Tiny Tusky’s invitations and not an offer. Your order for the purchase of any products constitutes an offer, which shall be subject to the terms of the land contract's policy, and Tiny Tusky has the right to accept or reject your offer in part or in full.
b. Acceptance of your order for purchase by Tiny Tusky will take place upon dispatch of the product(s) ordered. For the avoidance of doubt, no act or omission by Tiny Tusky prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
c. Dispatch of all the product(s) ordered may or may not happen at the same time; in such a scenario, the portion of the order that has been dispatched will be deemed to have been accepted by Tiny Tusky, and the balance would continue to be an offer to Tiny Tusky, and Tiny Tusky reserves the right to accept or reject such a balance order.
d. We may also require additional verifications or information before accepting any order. If you have provided us with your contact details, such as your mobile number, phone number, or e-mail address, we will call you, send you an e-mail, or use any other mode of communication to obtain additional information from you to accept your order.
e. Tiny Tusky may either call you, send an e-mail, or through any other mode of communication notify you, as soon as possible, of the (i) receipt of your order or (ii) confirmation of the dispatch of the product(s) and acceptance of your order. You can track the package through the ‘Order Tracking’ facility available on the website.
f. With respect to the product(s) sold on the website, we receive payment from you before your order has been shipped. If, for any reason, we are unable to deliver you the product(s) as per your order, we will inform you about the same and even refund the value of the product(s) not available or incapable of delivery. In cases where the product(s) are sold on the website but payment terms are ‘Cash on Delivery," Tiny Tusky will only inform you about its inability to accept your offer.
g. Tiny Tusky processes one shipping address per order. Therefore, if you would like to order several items and have them shipped to different people, Tiny Tusky will treat each shipping address as a separate order.
3. EXACTNESS IS NOT GUARANTEED:
a. Tiny Tusky hereby disclaims any guarantees of exactness as to the finish or appearance of the product or merchandise as ordered by you.
b. There is also a possibility that you may need to alter the merchandise to ensure that it properly fits you due to variations in the size of the merchandise that may vary from one brand to another.
c. Tiny Tusky endeavors to provide you with merchandise that is of the best quality. However, Tiny Tusky does not give any guarantee that the merchandise will meet your expectations, as many of these items are handmade and there may be variation in each piece.
d. Tiny Tusky has taken all steps to ensure that the color, size, shapes, design, and other features of the products and merchandise that are displayed on our website are accurately reproduced so as to resemble the actual product. However, the graphical display, i.e., the visuals of the products or merchandise, would be dependent upon the configuration of your computer resources. Tiny Tusky does not guarantee that the color of products or merchandise displayed on the website in your computer resource accurately represents the actual product merchandise. There is also a possibility that the quality of any products purchased or obtained by you through the website may not meet your expectations.
e. Tiny Tusky expressly disclaims any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed, displayed, or transacted, or the content (including product information and/or specifications) on the Website.
f. While we have taken precautions to avoid inaccuracies in content, this website and all content, information, software, products, audio or video, and related graphics are provided as is, without warranty of any kind. Tiny Tusky is not obligated to provide any physical preview of the object either before or after the sale.
4. LIMITATION OF LIABILITY:
a. Tiny Tusky is not liable to compensate you if the quality of any products or merchandise purchased by you through the website did not meet your expectations. At the most, Tiny Tusky may allow you to return the product in exchange for another product as per the terms prescribed under Tiny Tusky’s “Return and Exchanges Policy”.
b. You cannot ask Tiny Tusky for any special, incidental, indirect, or consequential damages or compensation of any kind for any reason, including but not limited to:
i. any variation in the finish or appearance of the final product/merchandise;
ii. any delay in delivery caused by unforeseen circumstances or Force Majeure events;
iii. any missed opportunities to avail of certain discounts;
iv. any issue with courier companies or our delivery partners or their personnel;
v. any gift/discount voucher which got deactivated upon reaching the expiry date;
vi. unavailability of items that you tried to purchase etc.
c. Without prejudice to the aforesaid, the aggregate liability of Tiny Tusky, its contracted parties, employees, consultants, etc., in connection with this policy shall be limited to the value of the relevant product(s) purchased by you through the website.
For example, if your purchases aggregate to AED 10,000 consisting of several products, say Product A (which costs AED 2,500), Product B (which costs AED 4,500), Product C (which costs AED 1,000), and Product D (which costs AED 2,000), If Product B is found to be damaged or unsuitable for usage by the customer, Tiny Tusky’s liability shall be limited to AED 4,500 only.
d. Unreasonable and unlawful requests in addition to returns or exchanges, over and above the entitled refund, will be treated as losses to Tiny Tusky, and Tiny Tusky reserves the right to cancel orders or block accounts of such customers without any prior notice.
5. PRICING:
a. Tiny Tusky will endeavor to provide you with the best prices possible on products and/or merchandise. However, Tiny Tusky does not guarantee that the price will be the lowest in the territory from which you are placing the purchase order. The prices mentioned on the website are not subject to comparison with the same or similar product(s) or merchandise(s) available at any other online or offline sale.
b. The pricing is subject to Tiny Tusky’s internal pricing policy, and the prices shall be determined only at the sole discretion of Tiny Tusky. Thus, the prices are subject to change at any time without any notification Further, the prices and availability of products and merchandise are liable to change without any prior notice from Tiny Tusky.
c. All references to ‘AED’ on the website refer to AED. Prices mentioned on the website for domestic sale, i.e., sale of product(s) within the UAE, may be different from the prices of similar products intended for international sale, i.e., outside the UAE.
d. Unless otherwise mentioned, the price displayed on the website for any product(s) in AED represents the full price of the product(s) to be shipped in the UAE.
e. Unless otherwise mentioned, the price displayed on the Website for any product(s) in foreign currency represents only the price of the product(s) to be shipped outside the UAE and excludes charges towards foreign shipping costs; any custom fees, import duties, taxes, and levies would be extra. It may be noted that in these international sales, Tiny Tusky cannot provide the quantum of any customs fees, import duties, taxes, or levies. Further, take note that the actual amount to be paid by you as an international purchaser will be the equivalent amount in the currency of your credit card or debit card, as per the currency conversions done by your bank or credit card or debit card provider on the date of billing.
6. TAXES AND DUTIES:
a. For domestic deliveries, i.e., delivery of a product within the UAE, all taxes and duties if applicable are included in the price of the product set out on the website.
b. For international deliveries, i.e., delivery of product outside the UAE, delivery is undertaken on a DDU (Delivery Duty Unpaid) basis, which means product prices displayed are exclusive of all import duties, customs fees, and local taxes. As the recipient of the product, you are liable for all import duties, customs fees, and local taxes levied by the country. Payment of these taxes or duties is necessary for the delivery of the product(s). We are unable to advise what amount this would be as duties vary from country to country.
7. MISPRICING OR NON-AVAILABILITY:
a. The data or product(s) made available through the website may include inaccuracies or typographical errors, including but not limited to the description of the product(s), the availability of the product(s), the CT(s), or the pricing of the product(s). These inaccuracies or discrepancies may go unnoticed until you have placed the order. If we discover a mispricing, we will do one of the following:
b. If the actual price of the product(s) is higher than the price mentioned or listed on the website unless the product(s) has already been dispatched, Tiny Tusky shall, at its sole discretion, inform you by e-mail, phone call, or letter about the correct price and seek instructions from you as to whether you would like to cancel your order or pay the balance amount. If you elect to cancel the order, Tiny Tusky shall refund the payment made by you. However, if you elect to pay the differential amount, Tiny Tusky shall process your order;
c. Tiny Tusky shall refuse and cancel orders placed by you due to the non-availability of the product and inform you about the rejection of your order. Tiny Tusky will refund you the payment made by you;
d. With respect to the reversal or refund of any payment by Tiny Tusky under Section 7(b) or 7(c), Tiny Tusky will give the necessary instructions to the payment gateway within 3 working days. It is pertinent to note that the payment gateways may take a month to credit such an amount to your account.
8. NON-ACCEPTANCE OR CANCELLATION OF ORDER:
a. Non-acceptance of an order by Tiny Tusky:
i. Tiny Tusky may not be able to accept certain purchase orders. Tiny Tusky reserves the right, at its sole discretion, to refuse or reject your offer to purchase for any reason, including but not limited to: limited inventory/quantities of product(s) available for purchase; or inaccuracies or errors in the description of product or pricing information; or any defect found in the quality of the product; or
non-receipt of additional information requested by Tiny Tusky; or non-receipt of payment from credit card/debit card/bank due to insufficient funds; etc.
ii. Tiny Tusky will contact you if all or any portion of your order is cancelled. If your order is cancelled after receipt of payment from you, the said amount will be refunded.
iii. Tiny Tusky shall not be liable to you for any direct or indirect, punitive, incidental, special, consequential, or exemplary loss suffered by you due to non-acceptance of your offer to purchase the products, delay in refunding your money, or delay in informing you about non-acceptance of your order.
b. Cancellation of the order by you:
i. After placing an order, you can cancel the order within 12 hours of placing it if it is an International order (Non UAE). You are not allowed to cancel the order after 12 hours of placing it. However, if Tiny Tusky receives any requests for cancellation of any order beyond 12 hours, Tiny Tusky has the right to accept or reject requests for order cancellations for any reason. If you have placed the order You will have to initiate the cancellation procedure by sending an email to support@tinytusky.com within 12 hours of placing such an order.
In the case of the UAE, the cancellation window is 1 hr, rest all the rules for refund is as the same as International orders.
ii. As part of usual business practice, if Tiny Tusky receives a cancellation notice within 12 hours of placing the order, Tiny Tusky shall refund the entire amount after deducting 2.9% + AED1.00 + 1% for non-UAE international card payments of online payment processing fees. And 2.9% + AED1.00 in case of UAE refunds.
iii. As part of usual business practice, if the order has not been processed or approved by Tiny Tusky, Tiny Tusky reserves the right to cancel the order and refund the entire amount back to you.
iv. In case the order has been processed and dispatched, Tiny Tusky, at its discretion, may initiate cancellation of the order and issue store credit (“Tiny Tusky Wallet”) for an amount equivalent to the purchase price of the product returned only upon (A) receipt of the product within 7 days from the date of delivery of the product to you; (B) inspection of the product by Tiny Tusky officials; and (C) Tiny Tusky being satisfied that the product has been returned in proper condition. Please also read Tiny Tusky’s ‘Returns and Exchange Policy.
c. With respect to the refund of any payment by Tiny Tusky under Section 8(a)(ii), Section 8(b)(ii), and Section 8(b)(iii), Tiny Tusky will give the necessary instructions to the payment gateway within 3 working days. It is pertinent to note that the payment gateways may take up to a month to credit such an amount to your account.
9. DELIVERY:
a. We require the signature of the person ((i) yourself; or (ii) the intended recipient in the case of gifts; or (iii) any person known to you or the intended recipient who is present at the time and place of delivery and accepts delivery on your behalf or the intended recipient to whom products have been delivered) as an acknowledgement of delivery of the products so ordered. Once we have an acknowledgement, ownership of the products passes on to you or the intended recipient.
b. Tiny Tusky cannot guarantee delivery of the product(s) to post office box (“P. O. Box”) addresses and takes no responsibility for non-delivery of orders in case the delivery address includes P. O. Box details in any part or form. If Tiny Tusky cannot deliver products to the P.O. Box, Tiny Tusky will inform you of the non-acceptance of your order and refund the payment made by you.
c. Tiny Tusky shall not be liable for any delay or non-delivery of the product(s) purchased due to any reason that is beyond its reasonable control. It is therefore advisable that you place orders well in advance.
d. Tiny Tusky shall not be liable for any non-delivery of the product(s) purchased on account of erroneous details provided by you to Tiny Tusky such as wrong recipient name, recipient address or contact number, etc.
e. If the product is returned to Tiny Tusky as undelivered due to the wrong address, Tiny Tusky shall be entitled to an extra charge for resending the product(s) to the correct address. The extra cost of re-delivery shall be paid upfront by you, and the delivery time shall be extended.
f. With respect to the refund of any payment by Tiny Tusky under Section 9(b), Tiny Tusky will give the necessary instructions to the payment gateway within 3 working days. It is pertinent to note that the payment gateways may take up to a month to credit such an amount to your account.
10. MISCELLANEOUS:
a. By placing a purchase order for a product on the website, you agree that you are accessing the product(s) available on this website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction with Tiny Tusky through this website.
b. Before placing an order on Tiny Tusky, you are requested to carefully read the description of the product(s), product-specific conditions, the Terms, and various policies, including the "Returns and Exchange Policy’.
c. As a practice, Tiny Tusky returns money to the same bank account, debit card, or credit card account from which it received the payment. However, in exceptional cases, Tiny Tusky may, at its discretion and subject to certain conditions, refuse or refund your request to transfer or refund money into any other credit, card, debit, or bank account, or as applicable.
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