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Terms and Conditions of Sale
The following Conditions (as defined below) shall apply to the Rafinda by Al Dar Group Ltd. offered by the entity currently known as Al Dar Group Ltd. referring to Al Dar Group Ltd., a software and trading company established under Turkish laws and having commercial register number 6160410180, [and/or by an service provider authorized by Al Dar Group Ltd.] to you (the Member). In order to receive the Service, you agree to abide by the following Conditions as may be updated or amended from time to time, and any related operating rules as may be published from time to time by Al Dar Group Ltd. on the Rafinda.com Website.
Reference in these Conditions to "you" or "your" shall refer to "the Member" and "we" or "us" or "our" shall be read as reference to Rafinda or other platforms within Al Dar Group Ltd.
These Conditions supersede and replace any previous conditions for the Service at any time.
- Definitions
Additional Conditions mean any additional conditions published by us and which vary or supplement these Conditions from time to time.
Conditions mean these terms and standard conditions applicable to the Service as we may amend from time to time. These Conditions shall include any Additional Conditions, the Terms of Use and the Privacy Policy published on the Rafinda by Al Dar Group Ltd. Website, as amended from time to time.
Rafinda by Al Dar Group Ltd. means the Service provided by Al Dar Group Ltd. which includes but is not limited to, the provision of online presentment and/or payment of bills, invoices and renewal of policies on behalf of service providers, shipping and shopping services as well as other services that may be introduced from time to time. This service is accessible at the URL https://www.Rafinda.com
Website means www.rafinda.com
Delivery Address means your local mailing or delivery address as registered at check-out on the Rafinda Website.
GST means goods and services tax, which expression includes any tax, by whatever name called, of a similar nature that may be substituted for it or levied in addition to it, if applicable.
Item/Items means any actual physical package, article, material, good or item which is the subject of the Service provided by us to you under these Conditions.
Member means a person registered to the Service and has a Rafinda Account with Al Dar Group Ltd. via the Rafinda Website.
Prohibited Item means any Item which is noxious, hazardous, inflammable, dangerous, illegal, explosive or offensive (including radioactive materials) or may become noxious, hazardous, inflammable, dangerous, illegal, explosive or offensive or radioactive or may become liable to cause damage to any person or property whatsoever whether prescribed by laws or otherwise, or classified as noxious, hazardous, inflammable, dangerous, illegal, explosive or offensive by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), the Turkish government, any applicable governmental department or authority or other relevant organization of the country of origin and/or the destination country.
Shipment means the shipment of any Item by any means, including sea, air or land to you. Every Shipment is carried on a limited liability basis as provided herein.
Rafinda Source Country refers to a country to which, for the purposes of providing shipping and shopping services, including but not limited to The United States and Europe. The selection of Rafinda source country may differ according to your purchase.
Rafinda Address means the address at a Rafinda Source Country as provided by Al Dar Group Ltd. for the purpose of the provision of the Service. Rafinda by Al Dar Group Ltd. may at its discretion change this address or add new addresses from time to time.
Title headings are inserted for convenience of reference only and shall not affect the interpretation of the substantive provisions of these Conditions.
- The Service
2.1 The Service provided by Rafinda allows you to shop and purchase at online our website, provided such Merchant operates in and ships to a Rafinda Source Country, and to have the Item delivered to your Delivery Address.
2.2 The Service includes:
(a) the receipt of your purchased item at Rafinda; and
(b) the delivery of your Item at your Delivery Address.
2.3 You must not access or use, nor allow any other person to access or use, any part of the Service for any improper or unlawful purposes in any way.
2.4 We aim to provide the Service continuously at a high quality however we do not guarantee that the Service will be available at all times.
2.5 We reserve the right at all times to downgrade, suspend, change, cancel and/or disconnect the Service or any part of the Service at any time at our sole discretion without prior notice or explanation.
- Rafinda Account
3.1 In order to register for the Service, you will need to complete and set up an account on the Rafinda Website or as otherwise requested, and read, understand and accept these Conditions.
3.2 You undertake to provide us with all identification documents and personal information as may be required for the verification and authentication of the Rafinda Account, and agree to notify us of any change to this information.
3.3 You acknowledge and agree that your Rafinda Account is provided solely for the purposes of providing the Service as set out under these Conditions and cannot be used for any other purposes, and undertake not to use the Rafinda Account and/or the details of the Rafinda Account for any other purpose including, as a billing address, personal mail delivery address, residential address, or as your personal contact details. Any breach of this clause may lead to automatic deactivation of your Rafinda Account at our sole discretion, along with notification to the police and/or appropriate government authority.
- Duration
Subject to clause 2.5, we will start providing the Service and these Conditions shall become effective and binding as of the date of activation of your Rafinda Account provided that you fulfil any set-up, payment, activation or any other requirements requested by us, and shall continue unless terminated in accordance with clause 15 of these Conditions.
- Member Obligations
5.1 You are solely responsible for:
(a) using the Service in accordance with these Conditions;
(b) not using or allowing the use by any third party of, the Service for any illegal, immoral, obscene or fraudulent purposes, or any other purposes prohibited by us, the Merchant, or any other applicable laws and regulations;
(c) abiding by and complying with these Conditions at all times;
(d) providing accurate and complete information required in connection with your registration for the Service;
(e) ensuring that your Rafinda Account is kept secure, confidential and up- to-date, and not revealed to any other person;
(f) correctly completing, indicating and updating your Delivery Address and your Rafinda Account;
(g) paying all expenses incurred and/or Rafinda to your use of the Service;
(h) paying directly the total price for your purchase at the Rafinda website. We will not accept on your behalf any Item on which postage is outstanding and payable or any cash on delivery Item;
(i) ensuring that any use of the Service is in compliance with all applicable local laws and regulations of the respective country of origin and/or the country of destination, as well as other applicable international law;
(j) ensuring that the Item purchased is not Prohibited by the country of destination;
(k) confirming that the Item purchased is shipped to your supplied Address, and not a different one, which may result in non-delivery;
(l) collecting or taking delivery of the Item;
(m) upon receipt or collection of the Item, checking that the Item is received in good order;
(n) ensuring that your Shipment does not relate to any restricted business under any applicable laws and regulations;
(o) ensuring that your Shipment is not destined to any restricted area;
(p) ensuring that the Item is not Prohibited or unacceptable under any applicable local laws and regulations, as well as other applicable international law;
(q) holding us harmless and indemnifying and keeping us indemnified at all times from and against all demands, claims, action or proceedings by whomsoever made and against all damages, costs, charges or expenses (including legal costs on an indemnity basis) incurred, suffered or sustained by us in connection with the Service performed for you.
5.2 Any Shipment received in violation may result in the forfeiture, return, destruction or auction of the Shipment, along with notification to the police and/or appropriate government authority.
5.3 We reserve the right to refer you to the relevant authorities for criminal prosecution in accordance with the law or to take any other action that is legally available to compensate us for your actions.
5.4 We reserve the right, at our sole discretion, to:
(a) open and inspect for any reason any Item in the Shipment, without any liability;
(b) abandon carriage of any Shipment at any time after acceptance if this Shipment could possibly cause damage or delay to other shipments, equipment or personnel, or when any Item is Prohibited by law or violates these Conditions; or
- Payment
6.1 You agree to pay us a total price for the product including shipping fees;
6.2 The product price will cover handling, overseas shipping and local delivery from the Rafinda Address to your Delivery Address. We are not responsible for any additional fees, such as customs duties, excise duties and/or GST. We have the right to change the product prices from time to time without notifying you or any third party.
6.3 You understand and agree that all such applicable shipping fees are payable by you before the Item is delivered to your Delivery Address, and regardless of whom placed the order using your Rafinda Account.
6.4 Only payment via the Rafinda Website, or otherwise as may be specified by Rafinda will be accepted.
6.5 All payment must be made in full. Al Dar Group Ltd. may detain the Item for which such payment has not been made in full until such time full payment is made. We also reserve the right to dispose the Item in any manner we deem fit in accordance with these Conditions.
6.6 You shall compensate us for the cost of storage of the said Item, shipping fees, storage charges, duties and taxes incurred by us, and all claims, damages, fines and expenses incurred if the Item is deemed Prohibited, dangerous and/or illegal. We reserve the right to dispose of the Item in any manner we deem fit, if you fail to make payment of all charges within thirty (30) days of notification to do so.
- Customs regulations and clearance, and Prohibited Items
7.1 It is your responsibility to enquire and comply with import and export regulations of the country of origin and/or the country of destination.
7.2 You should refer to the website set up by the government authorities of the country of origin and/or the country of destination for up-to-date information on customs duties and regulations regarding Prohibited Items, and any other regulatory issue that may affect the Item or Shipment.
7.3 You acknowledge and agree that the customs authorities of the destination country have the right to detain any Item for whatsoever reason they deem appropriate, and that we are not liable for any consequences of such delay.
7.4 You agree that your Item or Shipment is deemed unacceptable if:
(a) the Item is a Prohibited Item; and/or
(b) no customs declaration is made when required under applicable customs regulations.
7.5 You shall be liable for any and all loss or damage suffered by us and/or any third party as a result of a breach of this clause 8.
7.6 You may check here to view a list of Items deemed unacceptable currently notified to us by the relevant authorities. This list may be amended by the relevant authorities from time to time. We are not responsible for the contents of this list and shall not be held liable for any loss or damage which may be suffered or incurred by you as a result of any inaccuracies or omissions thereof.
7.7 All Items imported are subject to customs clearance.
7.8 You acknowledge that the customs authorities will detain dutiable Items. Our carrier agent will notify you of the status of the Item. The Item may be released after examination by the customs authorities in your or your representative's presence, and upon payment of charges as requested by the customs authorities.
7.9 You acknowledge that the import of controlled Items in the Shipment requires approval from the relevant customs authority. Items requiring approval will be detained by the said customs authority, and will be released upon presentation of an import license and payment of any charges to the relevant customs authority.
7.10 Upon request at any time by Al Dar Group Ltd., a relevant customs authority or any other government authority at its sole discretion, you must provide:
(a) an export Declaration for any Item as Shipment of value exceeding two thousand and five hundred United States Dollars (USD2,500) or equivalent prior to shipment for your Delivery;
(b) invoices and/or other documentation related to the packages regardless of value; and/or
- c) identification documentation and personal information.
- Order Cancellation
8.1 You have the right to cancel an order up to 24 hours from placing the order on our website. You can contact us via email service@Rafinda.com and WhatsApp regarding your cancellation requests.
8.2 In case we receive a cancellation notice from you within 24-Hrs of placing the order and the order has not been processed by us, we will cancel the order and refund the entire amount to you within 10 to 15 days. We will not be able to cancel those orders that have already been processed and shipped out by us.
- Delivery and re-packing
9.1 An Item will only be delivered to a Delivery Address,
9.2 We will make reasonable effort to deliver the Item within the time frame indicated on the Rafinda Website, subject to delays in high security locations. We will not deliver at weekends and public holidays. We will not be liable for any delay in delivery for whatever reason.
9.3 We reserve the right to refuse delivery or make the Item available if payment of due amounts is not made in full.
9.4 You agree that the actual volumetric weight of your Item may vary up to a maximum of 0.5 kilograms and you will not hold us accountable for these discrepancies.
9.5 An Item shall be delivered to the Member designated Delivery Address, but not necessarily to the named Member personally.
9.6 An Item (regardless of weight) will be shipped only after you have made all payments due to us in full accordingly.
9.7 In order to facilitate the Shipment of your Item, we may at our sole discretion and on your behalf:
(a) complete any documents required under applicable laws and regulations;
(b) act as a forwarding agent for customs and export control purposes and as a receiver solely for the purpose of designating a customs broker to perform customs clearance and entry; and
(c) re-direct the Shipment to another address upon request by you.
9.8 If you fail or refuse to:
(a) pay all applicable shipping fees or other charges;
(b) accept delivery;
(c) pay for delivery;
(d) collect the Item; or
(e) if the Item is Prohibited or deemed unacceptable for any reason,
we may at our sole discretion:
(a) where appropriate, contact you to discuss and agree on an appropriate action to take;
(b) use reasonable efforts to return the Item at your cost; or
(c) dispose of the Item in any manner we deem appropriate without being liable to you.
9.9 You acknowledge that additional charges are applicable for re-direction, return or disposition of the Item in any manner. You will be notified of these additional charges as they become due and payable by you.
9.10 You may login into your Rafinda Account to select the (if available) before the Shipment of the Item from the Rafinda Address.
9.11 Upon the delivery of the Item to the , an e-mail notification will be sent to you. You agree to collect the Item at the within the time frame indicated in the email notification.
9.12 We reserve the right to review, amend or remove the list of carrier companies from time to time and make changes thereof without any or prior notice to you and/or to any third party.
9.13 You may login into your Rafinda Account to check the delivery status of the Item.
9.14 We may, at our sole discretion, re-pack any Item before shipping from the Rafinda Address to your Delivery Address.
- Return Policy
10.1 Damaged product: If the damage occurred during transportation, the carrier company is responsible for compensation.
If the damage is production related; the buyer must contact us within 3 days of the delivery of the product and notify us with photo / video of the damaged product. As a result of the evaluation, the buyer will be given a 10 – 30% refund, or a free product will be sent to the buyer in his/her next order.
10.2 Missing product: All purchases of physical items from Rafinda are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. If the missing product is packaging related; the buyer must contact us within 3 days of the delivery of the product and notify us. As a result of the evaluation, the buyer will be given a 10 – 30% refund, or a free product will be sent to the buyer in his/her next order.
10.3 Wrong Product: In case of receiving a wrong product; the buyer must contact us within 3 days of the delivery of the product and notify us with photo / video of the wrong product. As a result of the evaluation, the buyer will receive a 10-30% refund (wallet may be), or a free product will be sent in his next order, after contacting the quality control and manufacturer.
- Indemnification
11.1 You agree to protect, indemnify, release, safeguard, and hold harmless Al Dar Group Ltd. and its respective affiliates, subsidiaries, officers, agents, and employees at all times against any and all losses, damages, demands, liabilities, claims, actions, proceedings, charges, expenses, penalties, fines or other costs including reasonable lawyer fees suffered or sustained in connection with or as a result of the use of the Service, for whatever reason.
11.2 Without limiting any other provision of these Conditions, we will not be liable for any costs, expenses, loss, fines, or penalties imposed or loss or damage incurred due to your breach or non-compliance of any of these Conditions, or due to your Shipment or Items being seized by any customs or other government authorities. You hereby protect, indemnify, release, safeguard, and hold us harmless against any such cost, expense, fine, penalty or loss.
- Limitation of liability and warranty
12.1 We shall not in any case be liable to you for any reason whether under these Conditions or otherwise, including without limitation, for:
(a) insufficient or improper packing of any Item in the Shipment at any time before delivery to you;
(b) failure by you to take delivery or collect the Shipment after being notified to do so;
(c) any fault however caused including, without limitation, as a result of your unauthorized actions, negligence or failure to use the Service in accordance with these Conditions;
(d) any losses, costs, liabilities, damages or expenses which may arise directly or indirectly as a result of the use of the Service for any reason;
(e) any failure or delay to provide the Service or any part of the Service caused by events outside of our control;
(f) any indirect, ancillary or consequential loss or damage, including but not limited to the loss of profits, business and anticipated savings, even if the risk of such loss or damage was brought to our attention before or after acceptance of the Shipment, including but not limited to our failure to perform any of our obligations hereunder as a result of circumstances outside our control including but not limited to the outbreak of war, any governmental act, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labor from whatever cause whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any mode of transport or other force majeure, including fire, flood or any acts of God;
(g) any loss or damage caused by our employees or agents in circumstances where:
(h) there is no breach of a legal duty of care owed to you by us or any of our employees or agents;
(i) such loss or damage is not a direct or reasonably foreseeable result of such breach; or
(k) any increase in loss or damage results from a breach by you of any terms of these Conditions.
(m) any losses, costs, liabilities, damages or expenses which may arise directly or indirectly if you cannot receive the Service for any reason; or
(n) any delay in, or failure of, the receipt of the Service for any reason.
12.2 Our liability shall not, in any event, exceed the total monetary value of the Item subject of the Shipment, or USD 5,000 per Shipment, whichever is lesser.
12.3 We will not, in any event, be liable for any exchange rate fluctuations that may arise as a result of payments being made.
12.4 We reserve the right, at our sole discretion, to amend the rates of either the Service from time to time.
12.5 These Conditions, the Service, the information on Rafinda Website and use of all related facilities are provided on an "as is”, “as available" basis without any warranties whether express or implied.
12.6 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Rafinda Website and its contents, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or course of dealing or usage of trade. Further, we do not make any representation or warranty in respect of the accuracy, completeness, availability and suitability of the Rafinda Website and its contents, or any other representation or warranty.
12.7 While we may use reasonable efforts to include accurate and up-to-date information on the Rafinda Website, we make no warranties or representations as to its accuracy, timeliness or completeness.
12.8 We shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages (including but not limited to damages for loss of business, profits or anticipated savings, even if we have been advised of the possibility of such damages), howsoever caused, resulting from or in connection with
(i) your access to, use of or inability to use Rafinda or this website;
(ii) reliance on information on this website, or any delay, inaccuracy in the information or in its transmission; and
(iii) any delay or failure to deliver the Item or make it available for.
12.9 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected, including those under the Electronic Commerce and Transactions Law No. 16 of 2010.
12.10 We give no warranty as to the genuineness or authenticity of any Item purchased from the website.
- Force Majeure
We will not be liable to you for any delay, breach or failure to perform obligations under these Conditions or any loss, costs or expenses you may incur which are caused or contributed to by an event beyond our or our agents' reasonable control, including adverse weather conditions, serious fire, storm, flood, lightning, earthquake, explosion, acts of a public enemy, terrorism, war, military operations, insurrection, sabotage, civil disorder, epidemic, embargoes, failure or delay of suppliers or contractors, labor disputes of a person other than such party, acts of God, acts of any government or any agency thereof
- Notices and claims
14.1 Any notice, request or any other correspondence in connection with these Conditions shall be in writing and sent by email to the address specified in your Rafinda Account, or to any other address as earlier informed to us in writing.
14.2 Any claim for loss or damage must be:
(a) made within three (3) days from the date of delivery;
(b) in writing;
(c) accompanied by the original copy of the consignment note, any supporting documents, invoices or receipts, photos or videos; and
(d) submitted to:
Email: service@rafinda.com
Telephone number: +905422887213
Operating Hours (Turkey time) are 10 am to 6 pm / 5 days of the week.
- Terminating the Service
15.1 We reserve the right to terminate or suspend this Service at any time without any reason.
15.2 Without prejudice to the generality of the foregoing, we reserve the right to terminate or suspend your use of the Service if:
(a) there is abuse or misuse of the Service by you or any other person using your Rafinda Account;
(b) we are of the reasonable opinion that you have breached any of the Conditions herein contained;
(c) your failure to pay any amounts owed; or
(d) your violation of any of these Conditions.
15.3 We will not be liable to you or to any other party for any damage, loss, cost or expense suffered or incurred by you as a result of termination or suspension.
15.4 We reserve the right to seek compensation and/or damages from you in addition to any other amounts it may be owed under these Conditions or otherwise.
15.5 You may terminate the use of the Service by giving us at least one (1) calendar month's prior notice in writing to our address specified in clause 14.
15.6 Your termination of use of this Service shall not release you from any liabilities or responsibilities which have accrued prior to the date of termination, including but not limited to your obligation to pay any outstanding charges.
- Waiver
Failure to enforce at any time any term under these Conditions, or to exercise any right herein, shall in no way operate as a waiver of this right.
- Data Protection and Privacy
17.1 Rafinda's Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us, and forms part of these Conditions where applicable. By accepting the Service, you are accepting the terms of the Privacy Policy.
17.2 You grant us the right to disclose specific information as required by any applicable law, direction of a statutory regulator or stock exchange or pursuant to a court order.
18 Transfer of Agreement
18.1 Al Dar Group Ltd. reserves the right to partly or wholly transfer the rights and/or the obligations under these Conditions to any third party at any time and without notice.
18.2 The Conditions are personal to you. You may not transfer your rights or obligations under these Conditions to any third party and no third party is entitled to benefit under these Conditions other than you.
19 Amendments and Additional Conditions
19.1 Al Dar Group Ltd. may amend these Conditions and the Service from time to time at its sole discretion and at any time to comply with law or to meet our changing business requirements without notice to you.
19.2 If any Additional Conditions are made, they will be made available on the Rafinda Website. By continuing to use the Service, you agree to be bound by the terms of these updates and amendments. If there is any inconsistency between these Conditions and the Additional Conditions, the Additional Conditions shall prevail. It is your responsibility to refer to and comply with these Additional Conditions.
20 Ownership and Intellectual Property Rights
20.1 You acknowledge and agree that Al Dar Group Ltd. owns all legal rights, legal property and earnings on the Website, including all intellectual property rights existing under the Website (regardless of whether these rights are registered and where they exist in the world).
20.2 Al Dar Group Ltd. grants a non-exclusive, non-transferable, non-transferable authority at any time, at Al Dar Group Ltd.'s sole discretion, to access and use the Website in full terms. The use of the Website does not give you any intellectual property rights in any information or content on the Website.
20.3 Unless you have made a written agreement with Al Dar Group Ltd., no provision in these Terms of Use gives you the right to use Al Dar Group Ltd.'s trade name, trademark, service mark, logo, domain name and other identifying brand features.
20.4 The User acknowledges that he / she does not acquire any right on the Website or on the data it compiles using the Website. The user cannot change or remove any copyright symbol or other identifying brand features or information of Al Dar Group Ltd.
20.5 The User may not modify, alter or adapt any part of the Website, and use any software or technique to access Al Dar Group Ltd. Services without permission, or use any software that may damage the Al Dar Group Ltd. Services. It is strictly forbidden for the user to use any hacking method or technique while using / using Al Dar Group Ltd. Services.
20.6 All rights of all articles, graphics and pictures in the Website content belong to Al Dar Group Ltd. Also, copying or using the software used in the design and database creation of this Website is strictly prohibited.
20.7 The Website, its content and applications are protected by international copyright laws. Al Dar Group Ltd. requests the copyrights in its Website, content and application to the maximum extent required by law. Subject to the above conditions, Al Dar Group Ltd. retains all the rights and interests of the Website content, application and software.
21 Applicable law and jurisdiction
These Conditions and any dispute or claim arising out of or in connection with it is governed and shall be construed in accordance with the laws of the Republic of Turkey. These Conditions shall be subject to the exclusive jurisdiction of the courts of Turkey.