Terms and Conditions

Welcome to www. baitelmair.ae (“Website”).

These Seller Terms and Conditions alongwith User Terms and Conditions, Privacy Policy, guidelines, policies, and any content presented on the Website and as amended or modified by us from time to time (the “Agreement”) constitutes a legally binding contract between the person identified by us as owning the Seller Account and accepting this Agreement (“You”, “Your”, “Seller”, “Vendor”), and BAIT ELMAIR ELECTRONICS TR, a company registered in Sharjah, United Arab Emirates, under license number 806404 (“Baitelmair,” “We,” “Us”, “Our”).This Agreement governs Your use of our Website to sell Your Items.

By completing the registration process and clicking the "Register" button on our Website, you confirm your consent to this Agreement.

The Agreement becomes effective only after your Seller Account is fully activated and verified by Baitelmair.

Baitelmair reserves the right to update the Agreement at any time. Updates will be published on the Website and will take effect immediately upon posting. By continuing to use our Website after any updates, you will be deemed to have accepted the revised Agreement.

PLEASE REVIEW THE AGREEMENT CAREFULLY, AS IT IMPACTS YOUR RIGHTS AND OBLIGATIONS.BY AGREEING, YOU CONFIRM THAT YOU HAVE THOROUGHLY READ AND FULLY ACCEPTED THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT IN ITS ENTIRETY OR IF YOUR AUTHORIZED SIGNATORY DOES NOT HAVE THE NECESSARY AUTHORITY TO REPRESENT AND BIND YOU, DO NOT ACCEPT THIS AGREEMENT AND YOU AND YOUR AUTHORIZED SIGNATORY MUST IMMEDIATELY CEASE FROM USING OUR WEBSITE AND SERVICES.

1.             DEFINITIONS

Unless defined otherwise in the Agreement, capitalized terms shall have the following meaning:

a.             “Authorised Signatory”  The Authorized Signatory is the individual appointed by the Seller as their representative on the Website, authorized to legally bind the Seller and accept the Agreement. The Authorized Signatory must either: (i) be named on the Seller's trade license or equivalent document, or (ii) possess formal authorization from the Seller through a notarized power of attorney, resolution, or other accepted written instrument.

b.             “Applicable Laws” means laws, statutes, ordinances, rules, regulations, licenses, approvals, judgments, rulings, directives, or orders issued by any governmental authority within the United Arab Emirates, including but not limited to the Federal Law No. 15/2020 on Consumer Protection and Federal Decree Law No. (14) of 2023 on Trade via Modern Technological Means along with any updates, amendments, regulations, or clarifications issued in connection with it.

c.             “Confidential Information” means the information related to us, our Website, the Services, or Buyer that is not publicly available, including but not limited to details specific to individual Buyer; Website reports, analyses, trade secrets, methods, operations, workflows, tools, or details about Buyer identification, Buyer Personal Data, inventory, financial data (such as income, profits, losses, or expenses), and other service-related details.

d.             “Buyer” or “Customer” means the person who has registered on the Website to buy Items.

e.             Effective Date means the date on which the Seller accepts the Agreement  on the Website.

f.              Fees means all charges payable by the Seller under the Agreement, including but not limited to yearly subscription fees, referral fees and any other charges .

g.             Intellectual Property means any patent, copyright, trademark, trade secret, domain name, or other proprietary rights recognized by law, including related registration and renewal rights.

h.             Onboarding Documents includes the documents and information necessary for the Seller to complete registration on the Website, which will be subject to verification by Baitelmair, such as:

●              the full legal name of Seller’s business, its registered address, and contact information such as the email address of the Authorized Signatory, the business email address, and a phone number;

●              a valid trade license or equivalent authorization to sell Items within the United Arab Emirates;

●              a VAT registration certificate, if applicable;

●              a notarized power of attorney;

●              identification documents for the Authorized Signatory;

●              any additional information or documents that we may request periodically.

i.               Personal Data means information relating to an identifiable individual, including name, image, identification number, Identity card, bank details, location, or other personal characteristics.

j.               “Privacy Policy” means Baitelmair’s current privacy policy available at the Website.

k.             “Item”  means goods and/or services, as applicable, offered or advertised for sale through our Website.

l.               Item Liability means liability arising from the sale of Items that are defective, incomplete, fail to meet the agreed quality standards, are damaged, or are unfit for their intended purpose or use.

m.          Required Documents means documents such as brand authorization letters, trademark certificates, and any additional requested documentation about Items.

n.             Seller Account means account you create on our Website for registration and selling Items which is validated and accepted by Baitelmair.

o.            Seller Terms and Conditions means these terms and conditions accepted by Sellers on the Website, forming part of the Agreement.

p.             Services means all services provided by Baitelmair to Sellers as mentioned in this Agreement and as detailed in our Payment Policy on the Website.

q.             Taxes means any sales tax, goods and services tax, excise duty, import duty, export, or other taxes and regulatory fees associated with the Services.

r.              VAT means Value Added Tax applicable within the United Arab Emirates

s.              Your Materials means your Intellectual Property, including trademarks and branding elements, provided to Baitelmair.

2.             TERM

This Agreement shall commence upon the creation of a Seller Account on the Website and shall remain in effect until terminated either by the Seller's deactivation of its account(s) on the Website or at Baitelmair’s discretion due to the Seller's breach of the Agreement (the "Term") . Upon termination of the Agreement for any reason, both Parties shall promptly settle all outstanding financial obligations and dues within 14 days of the termination date.

3.             REGISTRATION OF SELLER ACCOUNT

A.            Eligibility

Only the following entities are eligible to create an account on our Website as a Seller and benefit from our Services:

a.             individuals or entities legally capable of forming binding agreements under Applicable Laws;

a.             legal entities properly registered within the United Arab Emirates with necessary  trade licenses and approvals;

b.             legal entities registered outside the United Arab Emirates that possess the required licenses, permissions, and non-resident VAT registration in the United Arab Emirates; and

c.             any other persons or entities approved by us at our sole discretion.

B.            Documents required to register a Seller Account

To register a Seller Account, you must provide the required Onboarding Documents. Additional documents or information may also be requested to complete the registration process and facilitate the Services.

C.            Document Accuracy and Updates

You are responsible for keeping the Onboarding and Required Documents accurate and up to date. Any changes to the information in these documents must be promptly communicated to us. You are liable for the correctness and validity of these documents at all times.

D.            Seller Account Activation

We reserve the right to delay, cancel or suspend the activation of your Seller Account if:

a.             you do not meet the eligibility criteria as outlined hereinabove;

b.             the Onboarding or Required Documents are false, incomplete, or invalid;

c.             your business operations conflict with the permitted activities on your trade license; or

d.             for any other reason deemed appropriate at our discretion.

4.             SERVICES

A.            Scope of Services: We may provide the following Services to you to enable you, as a Seller, to offer your Items to Buyers on our Website:
(a) Website access;
(d) payment processing;
(e) customer support;
(f) advertising services

B.            Website and Service Control: We retain full control over the content, design, and functionality of our Website and Services. This includes the right to modify, remove, or restrict any aspect of the Website or our Services at our discretion. We may delay, suspend, or cancel listing or sales of your Items or transactions for legal or compliance reasons.

C.            Third-Party Links: We are not responsible for the content, validity, or performance of third-party websites linked to our Website. These links do not imply endorsement.

D.            Performance Monitoring: We will monitor your key performance metrics, including order cancellations, negative feedback, order processing speed, Items that are defective or non-compliant, and sales performance. Unsatisfactory performance may result in warnings, account suspension, or blocking without notice or liability and additional fees or penalties may be charged as per our discretion.

5.             SELLER OBLIGATIONS:

A.            Seller agrees to fulfill the following obligations:

a.             Provide accurate and complete details of  Items, including descriptions, images, and specifications.

b.             Adhere to all style, packaging, and brand guidelines, as well as Applicable Laws and Baitelmair’s instructions.

c.             Regularly update Item information to ensure accuracy and completeness.

d.             Deliver Items(products) in compliance with labeling, packaging standards as per the Applicable Laws so that there is no adverse effect on the Items (products).

e.             Ensure safe and proper packaging and transportation of Items (products).

f.              Obtain all required permits and documentation for delivering Items.

g.             Adjust Items  prices to include applicable taxes.

h.             Ensure that the Buyer is not delivered Items that cause risk.

i.               If you are importing to Buyers outside the United Arab Emirates then you have a requisite import license and permits.

B.            Order Cancellations

Once you accept an order, you cannot cancel it for any reason, including unavailability or pricing errors. You are liable for all costs or refunds arising from such cancellations, including compensation to Buyers .

C.            Additional Terms

a.             The invoicing relationship is primarily between you and the Buyer.

b.             Baitelmair may recall and remove Items from the Website that pose potential harm or risks to Customers/ Buyers at any time.

D.            Pricing Engine Box
The price engine box provided on the Website requires you to input the prices for your Items. You shall bear the obligation to fulfill all orders generated based on the prices you mention for the Items. Any errors, inaccuracies, or discrepancies in the entered prices shall be solely your responsibility.

E.             Compliance:  You must ensure that:

a.             You are authorized to sell the Items on the Website.

b.             Items (products)comply with import and sale regulations in the United Arab Emirates.

c.             Items meet all quality, safety, and regulatory standards, including religious and public interest considerations.

d.              Items do not infringe on third-party intellectual property rights.

e.             Defective Items are not supplied to the Buyers.

F.             Account Security

You are responsible for maintaining the security and confidentiality of your Seller Account credentials. Baitelmair is not obligated to verify the authorization of users accessing your account. If credentials are compromised, you must update them immediately and notify Baitelmair.

6.             ROLE OF BAITELMAIR

A.            Baitelmair only provides a Website where Sellers can connect with Buyers to sell Items.

B.            Baitelmair is not liable for any non-performance, breach of contract, or disputes that may arise between Buyer and the Seller. Baitelmair may try to mediate disputes between Buyers and Sellers but is not obligated to do so or responsible for resolving such issues.

C.            Baitelmair does not and cannot guarantee the performance, reliability, or fulfillment of any transaction between Seller and Buyer.

D.            You release and indemnify Baitelmair, including its officers and representatives, from any costs, damages, liabilities, or other consequences arising from your actions or omissions towards Buyers.

E.             Baitelmair assumes no liability for issues related to Items ,delay in delivery, unavailability of the Items (products), misrepresentation, or non-fulfillment of obligations by Sellers registered on the Website.

7.             BAITELMAIR’S ROLE AND LIABILITY AS INTERMEDIARY

Baitelmair allows you to list and sell Items on its Website. While Baitelmair facilitates the marketplace by providing a platform for transactions, it is neither the Buyer nor the Seller of the Items. It simply provides a venue where Buyers and Sellers can negotiate and complete their transactions.

As a result, the contract formed at the time of the sale of Items is exclusively between the Buyer and the Seller. Baitelmair is not a party to this contract, nor does it assume any responsibility arising from it. Additionally, Baitelmair is not an agent for the Seller.As the Seller, you bear full responsibility for the sale of your Items, including addressing Buyer claims or resolving any disputes related to the transaction.

You further agree that the Items available on Baitelmair.com are sold exclusively by you. Baitelmair does not sell or trade any Items on the Website. Consequently, Baitelmair does not control the transactions or your actions.

8.             SELLER REPRESENTATIONS AND WARRANTIES OF THE SELLERS

A.            The Seller represents and warrants as follows:

a.             It is duly organized, validly existing, and compliant with the laws of the United Arab Emirates or the country where it is registered.

b.             It holds all necessary registrations and authorizations to conduct its business in the United Arab Emirates and the country where it is registered and is not restricted from carrying out such business activities.

c.             Seller or its Authorized Signatory possesses the full legal right, authority, and capacity to enter into this Agreement, fulfill the obligations outlined, and grant the rights, licenses, and permissions specified.

d.             All information provided or made available by Seller and its affiliates is accurate, complete, and Iational,

e.             It is not subject to any sanctions or listed as a prohibited or restricted party under applicable international, national, or regional authorities, including but not limited to the United Nations, the United States (e.g., OFAC or Department of Commerce lists), the European Union, or any similar governing body.

f.              It will comply with all Applicable Laws and regulations, including those concerning the selling and marketing of Items, and will provide evidence of such compliance promptly upon request at its own cost.

g.             It adheres to all relevant data protection laws applicable in the United Arab Emirates and in the country where it is registered

h.             Regarding the Items offered for sale on the Website:

●              It holds clear and lawful ownership of the Items.

●              It is the rightful owner, licensee, or authorized distributor of any trademarks associated with the Items (products).

●              The Items (products) meet the required quality and safety standards in the United Arab Emirates or the country where it is registered

●              Unless otherwise stated, all Items offered are new, genuine, free from defects, and not misbranded, misrepresented, or mislabeled.

●              The Seller will provide all required after-sale services including warranty, return, replacement, spare parts, and replacement services, in compliance with Applicable Laws in the United Arab Emirates. Warranty terms shall be documented in the invoice or through a separate document provided to the Buyer upon or before delivery.

●              The Seller accepts full liability for any claims or issues arising from the purchase or use of the listed Items by Buyers or third parties.

●              All necessary regulatory approvals, consents, licenses, and permissions for the sale of Items on the Website have been obtained.

●              The Seller has the authority to grant the rights and licenses outlined in this Agreement and confirms that its submissions, including content and Items listed on the Website, do not infringe on any third-party rights, including intellectual property rights.

●              Item descriptions, including specifications, dimensions, ingredients, restrictions, and disclaimers, are accurate. If incorrect, the Seller will bear any additional shipping, return, refund, replacement  or related costs.

●              The Seller represents that only Authorized Signatory will access and manage the Seller Account and Services responsibly and within the scope of authorization.

B.            Nature of Relationship with Website: The Seller acknowledges that the Website and Baitelmair is a technology service provider facilitating sales. Any sales contract is strictly between the Seller and the Buyer, and the Website and Baitelmair bear no liability or responsibility for non-performance or breach of such contracts. The Website and Baitelmair does not mediate or resolve disputes between the Seller and Buyer.

C.            Item Liability: The Seller accepts full responsibility for Item Liability and any claims arising from it.

9.             SELLING COUNTERFEIT ITEMS ON THE WEBSITE

A.            The listing or sale of counterfeit Items on the Website  is strictly prohibited.

B.            You must not display or offer for sale any Item that:

●              Belong to someone else without their permission;

●              Infringe upon any third party's intellectual property rights (IPR), privacy rights, or publicity rights;

●             Promote unauthorized copies of copyrighted works or infringe patents, trademarks, copyrights, proprietary rights, trade secrets, or other protected rights;

C.            We have the right to verify whether the Item sold on the Website are genuine and authentic. If we determine, at our sole discretion, that an Item is counterfeit and belongs to someone else, we may impose a penalty of up to AED 200,000 without requiring a court order. This penalty is in addition to any fines or penalties imposed by government authorities.

D.            You acknowledge and agree that we may withhold any payments owed to you until all issues related to counterfeit items are resolved. This includes internal investigations or settlements with customers or third parties.

10.        DELIVERY

A.            Item Condition Verification: The Seller shall ensure that all Items (products) are in excellent condition and free from defects prior to handing them over to the delivery agent.

B.            Packaging Standards: The Seller shall use secure, high-quality packaging materials to adequately protect the Items (products) during transit, ensuring compliance with any specific requirements provided by the delivery agent.

C.            Obligation to Prepare Shipments Promptly: Upon receiving notification of a Buyer/customer’s purchase, the Seller shall promptly prepare the shipment and select the "ready-to-ship" option on the Website. This is to ensure the timely collection of the shipment Item by the delivery agent and its prompt delivery to the Buyer/customer. Any delay or failure by the Seller in preparing the shipment Item that impacts the delivery timeline or adversely affects the reputation of the Website shall be the Seller’s sole responsibility.

D.            Shipment Documentation: The Seller must prepare and provide Item shipment details, including barcodes or other required labels, to the delivery agent at the time of handover. The barcode must include all relevant customer details and must be given to the delivery personnel with the shipment Item to ensure accurate tracking and processing.

E.             Acknowledgment: The Seller shall obtain confirmation of receipt from the delivery agent, verifying that the handover has been completed in accordance with these terms.

11.        ITEM PRICING POLICY

You shall not list or sell any Items on the Website that are restricted or prohibited by federal, state, or local laws United Arab Emirates and in any other jurisdiction. While Baitelmair has provided a list of prohibited or restricted categories hereinbelow, this list may not cover all such Items. As a Seller, you are responsible for ensuring that your Item listings on our Website comply with relevant laws around the world and the Applicable laws in United Arab Emirates specially where you sell the Items.

A.            UAE-SPECIFIC PROHIBITED ITEMS WHICH MUST NOT BE LISTED AND SOLD ON THE WEBSITE:

●               All kinds of narcotic or recreational drugs

●              Gambling tools, machineries and devices of all kinds

●              Pirated content

●              Counterfeit currencies

●              Radiation and nuclear fallout contaminated substances

●              Items that contradict Islamic faith and public morals

●              Items used in black magic, witchcraft or sorcery

●              Poppy seeds, or any items containing poppy seeds

●              Nylon fishing nets

●              Weapons, ammunition and explosives: Firearms, ammunition, explosives, and fireworks

●              Unlicensed medical and pharmaceutical Items

●              Hazardous chemicals:Includes materials that may be used to manufacture chemical weapons or pose a threat to public safety

●              Non-conforming food Items:  Food items that do not comply with approved food safety standards

●              Endangered animals and plants

●              Any toys or Items that may threaten the life of or harm a child or animal

●              Any Items that carry messages or suggest intolerance, violence, bullying, or discrimination against any sect, religion, group, race, or country.

●              Any other goods or Items, prohibited under the GCC Common Customs Law or any other law or regulation applicable in the UAE.

B.            OTHER ITEMS PROHIBITED TO BE LISTED ON THE WEBSITE BY BAITELMAIR:

•  Counterfeit goods or Items of any type

•  Any goods or Items that violate the intellectual property rights of any company or individual

•  Stocks, bonds, investment interests and other securities

•  Currencies (including digital currencies) and negotiable instruments (for example, cheques).

•  Items that promote hatred, violence, ethnic, racial or religious intolerance

•  Artifacts, antiquities and art treasures

•  Pornographic materials

•  Medical drugs (including over-the-counter)

•  Medical devices

•  Drug paraphernalia (for example, marijuana pipes/bongs and grow lights)

•  E-cigarettes and electronic hookah

•  Tobacco goods, nicotine and e-liquids

•  Flammable, explosive, hazardous and radioactive chemicals and substances

•  Fireworks and firecrackers

•  Firearms and ammunition (or items/toys that look like firearms or ammunition)

•  Weapons (for example, crossbows and switchblade knives)

•  Descramblers

•  Devices designed to intentionally block, jam or interfere with authorized communications

•  Spy equipment and devices

•  Bank card readers or “skimmers”

•  Used SIM cards

•  Live animals

•  Animal parts that have been restricted by applicable laws (for example, ivory)

•  Alcohol for consumption, or food products containing alcohol

•  Pork products

• Any other products prohibited by laws, regulations, sanctions and trade restrictions in any relevant jurisdiction

•  Residential properties such as houses, villas, and apartments.

•  Automotive items such as motorcycles, cars, and scooters.

• Medical sexual, fertility or hormonal enhancers and boosters (with the exception of natural supplements).

12.        FEES AND EXPENSES

A.            The fees for our Services are specified in the applicable Payment Policy as displayed on our Website and may be revised at our sole discretion. You are responsible for all expenses related to this Agreement.

B.            Authorization for Payments and Charges: You authorize us (also agree to provide relevant documents upon our request) to:

●              Verify your information, including any updates.

●              Obtain credit reports about you.

●              Secure credit authorizations from your credit card issuer.

●              Charge your credit card for various services, including:

○              Listing Items.

○              A percentage of sales transactions.

○              Our yearly fees or subscription fees, as applicable

○              Payment processing, chargebacks, or related fees.

○              Customs or taxes incurred in providing services.

○              Any other applicable services notified to you in advance.

C.            Payments: We will collect the fees from the sale of the Items from the Buyer on the Website and then deduct our referral fees and other charges, as applicable and transfer the net sales proceeds to Seller’s designated bank account in line with our Payment Policy. We are not responsible for errors due to incorrect bank details provided by you.  

D.            Fraud or Policy Violations: If we find your Seller Account involved in deceptive, fraudulent, or illegal activities, or repeated violations of our Agreement, we may permanently withhold any payments due to you.

E.             Withholding Payments and Suspension: We reserve the right to:
(a) Withhold any amounts owed to you and recover any losses or damages suffered by us, Buyers customers, or third parties.
(b) Suspend or terminate your Seller Account and services: If your Seller Account is suspended or terminated, we may give seven days notice to you to clear outstanding payments covering chargebacks, refunds, adjustments, or other liabilities to us, Buyers, or third parties related to this Agreement. In the event payments are not received by us in seven days then we can deduct the payments from your designated bank Account.

13.        INVOICING AND PAYMENTS

A.            The primary invoicing relationship is between the Seller and the Buyer. The Seller will issue invoices to Buyer for Items sold by the Seller.

B.            Baitelmair will collect payments from the Buyer for the Items sold through the Website. Further, the Seller authorizes Baitelmair to:

a.             Collect and process Buyer payments;

b.             Transferring sales proceeds to the Seller’s bank account after deducting its commissions and other fees owner by Baitelmair; and

c.             Withholding or offsetting amounts owed to Baitelmair and any expenses incurred by Baitelmair in relation to disputes with the Buyer and Seller.

C.                 Payments to the Seller for Items delivered between the 1st and 15th of the month will be made on the 15th of the same month, or the next business day if the 15th is a holiday.

D.                 Payments to the Seller for Items delivered between the 16th and the end of the month will be made on the 30th of the same month, or the next business day if the 30th is a holiday.

E.                  Potential Delays in Payment Transfers:

The transfer of funds to the Seller’s designated account may be delayed due to the following circumstances:

a. Health Conditions:

●                   Outbreaks of infectious diseases (e.g., influenza or pandemics like COVID-19).

●                   Enforced quarantine or social distancing measures.

●                   Personal or occupational injuries leading to employee absence or cessation of work.

b. Natural and Environmental Conditions:

●                   Natural disasters such as earthquakes, hurricanes, floods, or fires.

●                   Extreme weather events like sandstorms or heavy snowfall disrupting operations.

●                   Environmental risks, such as pollution or industrial disasters.

c. Social Conditions:

●                   Public holidays, including religious holidays (e.g., Ramadan, Eid al-Fitr, Eid al-Adha) or national holidays (e.g., National Day, Flag Day, Martyr’s Day).

●                   Labor strikes causing disruptions to services.

d. Economic Conditions:

●                   Financial crises, such as an economic downturn or market collapse.

●                   Government shutdowns impacting operations.

e. Political and Security Conditions:

●                   Wars, conflicts, or terrorism resulting in infrastructure damage or curfews.

●                   Political changes introducing new laws or sudden business restrictions.

f. Internal Business Conditions:

●                   Technological malfunctions, such as internet outages or software issues.

●                   Labor shortages caused by mass absence or migration.

g. Notification of Delays: In the event of any delays caused by the above factors, the platform will notify the Seller promptly and take reasonable steps to resolve the issue.

F.                  If incorrect bank details are provided, payments will be processed within the timelines mentioned once the correct information is received.

G.                 Sellers are solely responsible for complying with local VAT regulations, including registration, issuing invoices, filing VAT returns, maintaining records, responding to tax authorities, and handling penalties for non-compliance.

H.                 Baitelmair is not liable for any claims of non-payment by the Buyer under any circumstances.

14.             TAXES, DUTIES, VAT AND COMPLIANCE

A.                  Compliance with Applicable Laws
You agree to comply with all applicable laws in your country of operation and the United Arab Emirates. This includes fulfilling tax obligations on time, keeping tax and VAT registration certificates updated, and obtaining VAT registration certificates when your revenue meets the required thresholds under applicable tax laws.

B.                  VAT on Payments
All payments made by you as the Seller are exclusive of VAT. You are responsible for paying VAT on taxable services provided by Baitelmair, as applicable.

C.                  Tax Responsibilities
You are solely responsible for collecting, reporting, and paying all applicable Taxes and VAT on Items sold to Buyers. You agree to bear any Taxes, VAT, or related charges applicable to transactions. As the Seller, you must issue accurate and complete invoices to the Buyers in accordance with prevailing VAT and e-invoicing regulations. Any failure to comply with tax requirements that results in liability for Baitelmair or yourself will remain solely your responsibility.

D.                 Product Code Accuracy
You are responsible for ensuring accurate classification of each Item (products) using the correct Harmonized System Nomenclature (HSN), GS1, or EGS code. If the appropriate code is not provided, the Item (products)will be delisted, and you will be unable to sell it on the Website.

E.                  Changes to Terms
Baitelmair reserves the right to update or amend the Agreement based on any changes, clarifications, or updates from the tax authorities of the United Arab Emirates and in your country of operation.

F.                   Anti-Bribery and Corruption Compliance
You agree to fully comply with all applicable anti-bribery and anti-corruption laws, including the Foreign Account Tax Compliance Act (FATCA) and the Common Reporting Standard (CRS) regulations in your country of operation.

G.                 Anti-Money Laundering Compliance
You confirm that your operations will always comply with applicable anti-money laundering laws, rules, and guidelines in your jurisdiction and any other jurisdictions where you conduct business. To your knowledge, there are no pending, threatened, or anticipated legal actions involving you or your subsidiaries regarding violations of anti-money laundering laws.

15.        INTELLECTUAL PROPERTY

A.                  You grant us a royalty-free, non-exclusive, worldwide license to use Your Materials, including Intellectual Property rights, for our Services, and to sublicense these rights to affiliates and approved third parties. This Agreement does not restrict our lawful use of Your Materials without a license under Applicable Laws (e.g., fair use or referential use).

B.                  You shall not use our name, trademarks, or logos in advertisements or promotions without prior written consent.

C.                  Automated data scraping from our Website  is prohibited and constitutes a material breach of the Agreement.

D.                 You confirm your Items do not infringe third-party Intellectual Property. If notified of a violation, we may remove such Items from our Website or request their removal within a specified timeframe, without liability. You bear sole responsibility for any infringement claims.

16.              DISCLAIMER

A.                  The Website and Services, including all content, software, functions, materials, and information provided, are offered "as-is." Your use of the Website and Services is at your own risk. To the fullest extent permitted by law, we  disclaim:

a.                  any warranties regarding the Agreement, Seller Terms and Conditions, Services, or related transactions, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement;

b.                  implied warranties arising from business dealings, performance, or trade practices; and

c.                   any liability or claims in tort, even if arising from negligence.

B.                  We do not guarantee that the Website or Services will meet your expectations, or that they will be secure, timely, uninterrupted, or free from bugs, errors, or viruses. We are not liable for service interruptions, system failures, or other issues.

C.                  As we are not directly involved in transactions between Buyers, Sellers, or other participants, any disputes between them are solely their responsibility. You release us (and our agents and employees) from any claims, demands, or damages, whether known or unknown, arising out of such disputes.

17.             LIMITATION OF LIABILITY

A.                  Nothing in the Agreement limits or excludes the Seller’s liability for:
(a) fraud, including fraudulent misrepresentation;
(b) death or personal injury caused by that Seller or its representatives’s negligence; or
(c) any other liability that cannot be limited or excluded under Applicable Laws.

B.                  We, along with our respective directors, officers, agents, employees, suppliers, subcontractors, or licensors, are not liable to you for any special, indirect, incidental, or consequential damages. This includes loss of profits, data, or information, business interruptions, or other financial losses.

C.                  To the extent permitted by law, we including our employees, agents and licensors are not responsible to you for damages or losses arising directly or indirectly from:
(a) the content or information you provide while using the Services;
(b) the sale of defective Items;
(d) damage to your hardware due to using our Website;
(e) actions or inactions of third parties;
(f) suspensions or actions we take regarding your use of the Services;
(g) how your listings appear in search results; or
(h) changes to the Agreement that impact your practices, content, performance, or business operations

.

D.                 Our total liability for any claims under the Agreement, including legal fees, whether arising from contract, negligence, breach of duty, or otherwise, is limited to the price of the Item(s) sold on our Website that caused the liability, plus original shipping costs (if applicable).

18.              INDEMNIFICATION

A.                  You agree to defend, indemnify, release, and hold harmless Baitelmair, its affiliates, directors, officers, agents, employees, suppliers, subcontractors, and licensors from any third-party claims, losses, damages, settlements, costs, expenses, or other liabilities (including legal costs and attorneys’ fees) ("Claims") arising from or related to:

a.                  your non-compliance with the relevant and Applicable laws;

b.                  your Items, including their offer, sale, use, labeling, packaging, fulfillment, cancellation, or adjustments;

c.                   Your Materials , any actual or alleged Intellectual Property Infringement, and any related personal injury, death (unless caused by Baitelmair), or property damage;

d.                   Taxes, vat or duties, including failure to collect, pay, or meet registration obligations;

e.                  Item Liability for damages caused by your Items;

f.                    sale of defective Items (products) on the Website;

g.                  Resale or offering of refurbished (products)and recalled Items on the Website;

h.                  administrative sanctions, penalties, product seizures, or consumer complaints due to your violation of Applicable Laws and relevant laws; and

i.                     actual or alleged breaches of representations you have made.

B.                      Handling of Claims

If, in our opinion, a claim may adversely affect us, we may appoint legal counsel to represent our interests, and you will remain responsible for the associated costs. We may withhold amounts payable to you or charge your account or credit card for any expenses incurred in relation to such claims.

C.                  Customer Disputes

If a claim arises from a dispute between you and the Buyer but incorrectly names Baitelmair as a defendant, you agree to assist us in being removed as a defendant in the matter.

D.                 Notice of Claims: Our failure to provide notice of a claim does not relieve you of your liability under this clause.

19.              CONFIDENTIALITY

A.               While using our Website and Services, you may receive Confidential Information. You agree to the following obligations during the term of the  Agreement and for five years after its termination:

a.                  Confidential Information will remain our exclusive property, except for Buyer/ customer Personal Data, which belongs to the respective Buyer/ customer.

b.                  You will only use Confidential Information as reasonably necessary for your participation in the Services.

c.                   You will not disclose Confidential Information to anyone, except as required by law.

d.                  You will take reasonable steps to protect Confidential Information from unauthorized use or disclosure.

e.                  You will retain Confidential Information only as long as necessary for the Services or to meet legal obligations (e.g., tax requirements) and will delete it upon termination or when no longer required.

f.                    If disclosure to a government entity is required, you may share the Confidential Information only to the extent necessary, while marking it as confidential.

g.                  You must not issue press releases, make public statements about the Services, or use our name, trademarks, or logo in any way without prior written consent. You must not misrepresent or exaggerate the relationship between us.

h.                  You may disclose Confidential Information only to employees, agents, or subcontractors on a need-to-know basis, and they must maintain its confidentiality.

B.               Exceptions to confidentiality include:

a.                  Information lawfully obtained from a third party without confidentiality obligations to us.

b.                  Information that becomes publicly known, except through your breach of this Agreement.

c.                   Information independently developed by you.

d.                  Information required to be disclosed by law or a government authority, provided you give us reasonable prior written notice to challenge the disclosure.

C.               Sharing Information with Third Parties
You consent to us sharing your information with third parties as needed to provide the Services.

D.              Use of Personal Data
You may only use Buyer Personal Data to fulfill orders and for purposes directly related to the Agreement. Specifically:

●                   You must not use Buyer or customer Personal Data (including contact information) for any purpose beyond fulfilling orders or providing services under the Agreement.

●                   You shall not market directly to Buyers or customers and share their Personal Data with third parties, except as necessary to fulfill orders.

●                   All use of Buyer or customer Personal Data must comply with Applicable Laws.

●                   You must maintain the confidentiality of  Buyer or customer Personal Data at all times.

20.              TERMINATION

A.                  This Agreement comes into force on the Effective Date and remains in effect until terminated by either you or us as stated below.

a.                  You may terminate your use of any Service at any time by giving us at least thirty (30) days' written notice. Similarly, we may terminate your access to the Website, Services, or this Agreement for any reason with thirty (30) days' advance written notice, without requiring a court order.

b.                  We may immediately suspend or terminate your use of any Services with seven (7) days' advance written notice, without requiring a court order if:

●                   you have materially breached the Agreement and fail to address the breach within seven (7) days after receiving a notice, unless the breach exposes us to third-party liability, in which case we may shorten or waive the notice period at our reasonable discretion;

●                   your Seller Account has been used for, or appears to be involved in, deceptive, fraudulent, or illegal activities; or

●                   your use of the Services has caused, or could potentially cause, harm to other Sellers, Buyer customers, or our legitimate interests.

B.                  We will notify you promptly of any suspension or termination via email or the Website, explaining the reason and any available options to appeal. However, we may withhold such information if disclosing it could interfere with the investigation or prevention of deceptive, fraudulent, or illegal activities or compromise our security measures.

C.                  When the Agreement is terminated, all rights and obligations under it will end immediately, except:

a.                  You remain responsible for completing any obligations related to transactions made before termination and for any liabilities incurred before or as a result of termination.

b.                  Survival clauses of the Agreement as mentioned in the User Terms and Conditions and Seller Terms and Conditions will continue to apply even after termination.

D.                Upon termination of your Services, your Seller Account will be deactivated immediately. This deactivation does not affect our right to pursue or recover any debts or amounts owed by you. If you choose to resume Services, we may reactivate your previous Seller Account (provided there are no significant changes in your business, trade license, or tax documentation) at our sole discretion. Any reactivation will be subject to your acceptance of our current terms and conditions.

21.              MODIFICATIONS

a.                  We may update, modify, add, or remove terms from Agreement including Seller Terms and Conditions at any time and the updated version of the Agreement including Seller Terms and Conditions will be posted on this Website.

b.                  Immediate changes to this Agreement may be made for legal, regulatory, security, fraud prevention reasons, or to modify existing features, add new ones, or restrict activities or Items deemed unsafe, inappropriate, or offensive.

c.                   Your continued use of the Website, Services, after any changes take effect constitutes your acceptance of those changes. If you do not agree with the changes, you must stop using the Website and Services and terminate this Agreement as per clause 20 by sending notice according to clause 23.

22.              GOVERNING LAW AND JURISDICTION

Any dispute which arises out of or is related to  Services  offered through the Website and this Agreement shall be exclusively governed in accordance with Dubai International Arbitration Center (DIAC) Arbitration Rules.

Any dispute arising from this Agreement including Seller Terms and Conditions ,and the Services provided through the Website must be communicated to Baitelmair in writing by serving notice at [email protected].

If the dispute remains unresolved thirty (30) days after such notice has been served, the Seller may, by further written notice to Baitelmair, refer the matter to arbitration by three arbitrators mutually agreed upon by both Parties.

All disputes related to this Agreement including Seller Terms and Conditions and the Services provided through the Website shall be exclusively submitted to arbitration at the Dubai International Arbitration Center. The arbitration will take place in Dubai, conducted in English, and governed by the rules of the Dubai International Arbitration Center. The award issued by the Arbitration Board shall be final and binding on the Parties (Seller and Baitelmair).

Any claims you bring against Baitelmair must be resolved according to the terms of this Agreement. Claims filed contrary to the terms of this Agreement will be considered improperly filed and a violation of this Agreement. If you file a claim in violation of this Agreement, Baitelmair may recover its legal fees and costs (including in-house counsel and paralegals). In the event of any bankruptcy or insolvency proceedings involving you, Baitelmair will be entitled to recover all reasonable costs and expenses, including legal fees incurred in enforcing this Agreement.

23.             GENERAL PROVISIONS

A.               Waiver: A party’s failure to enforce any part of this Agreement including Seller Terms and Conditions does not waive their right to enforce it later.

B.               Force Majeure: We are not liable for delays or failure to fulfill obligations caused by events beyond our reasonable control. Such events may include natural disasters, actions or decisions by legislative, judicial, or regulatory authorities at the provincial or federal level, court orders, pandemics, epidemics, regulatory directives, actions by subcontractors, or third-party suppliers, labor strikes, power outages, or trade restrictions.

C.               Assignment: You shall not transfer your rights under this Agreement without our written consent. We may transfer our rights or obligations without your consent, and such transfer releases us from future obligations. This Agreement benefits both parties and their successors.

D.              Relationship: This Agreement does not create a partnership, agency, or employment relationship between you and us. You have no authority to make representations on our behalf and bind us, and the relationship is non-exclusive.

E.               Notices: We will notify you of updates via the Website or email address. You must keep your contact details updated on the Website. Notices to us should be sent to [email protected]

F.                Translations: In the event of any discrepancy or conflict between the English and Arabic versions of this Agreement, the Arabic version shall prevail and be deemed the authoritative text.

G.              Headings: The headings, titles, and captions in this Agreement are provided for convenience and reference purposes only. They shall not be used to interpret, define, or limit the scope, meaning, or intent of any provisions of this Agreement.

H.              Severability: If any part of the Agreement is found invalid or unenforceable, it will not affect the validity of the remaining provisions.

I.                 Entire Agreement: This Agreement represents the entire understanding between the parties concerning the Services, replacing all previous agreements.

All Items listed on the Website are sold exclusively by Sellers . Baitelmair itself does not sell or trade any Items listed on the Website. As a result, Baitelmair does not control the transactions or the actions of these Sellers. When listing Items and placing orders for Items on our Website the following terms and conditions apply for Users:

●                Baitelmair is not liable for any non-performance, breach of contract, or disputes that may arise between Buyer and the Seller.

●                Baitelmair does not and cannot guarantee the performance, reliability, or fulfillment of any transaction with the Seller.

●                Baitelmair makes no warranties or representations about the quality, worth, marketability, or other attributes of the Items sold by Sellers.

●                Buyers release and indemnify Baitelmair, including its officers and representatives, from any costs, damages, liabilities, or other consequences arising from actions or omissions of Seller.This release includes a waiver of any claims you may have under applicable laws concerning transactions with Seller.

●                Baitelmair cannot control or verify the accuracy of information including pricing information provided by Seller with respect to the Items listed by them on the Website, which may be incomplete, misleading, or inaccurate.

●                Users should exercise caution, use common sense, and adhere to safe trading practices when engaging with Sellers.

●                Baitelmair assumes no liability for issues related to Item defects, misrepresentation, or non-fulfillment of obligations by Seller registered on the Website.

To purchase Items, you must create an account on our Website. You are eligible to register as a Buyer or Seller and access the Website and Services by creating an Account, provided you meet the following eligibility criteria:

A.              For Buyers

a.               You must be at least 18 years of age;.

b.               Minors aged 13 and above may use this Website only with the supervision of a parent or legal guardian who agrees to comply with this User Agreement.

c.               Minors under the age of 13 are not permitted to make purchases on this Website. Transactions on behalf of minors may only be conducted by their parents or legal guardians, provided they are registered users or members of the Website.

d.               You are able to provide an address in the UAE for delivery of Items.

B.              For Sellers:

a.               individuals or entities legally capable of forming binding agreements under Applicable Laws;

a.               legal entities properly registered within the United Arab Emirates with necessary  trade licenses and approvals;

b.               legal entities registered outside the United Arab Emirates that possess the required licenses, permissions, and non-resident VAT registration in the United Arab Emirates;

c.               any other persons or entities approved by us at our sole discretion.

d.               Seller who has a valid bank account and provides us with the bank details.

e.               Seller who has appointed authorised signatory and provides us with the documents including board resolution, notary poa for appointment of authorised signatory and identification document of the authorised signatory.

f.                Any additional conditions as stated by Baitelmair from time to time and as stated in Seller Terms and Conditions.

C.              Sellers who are members of the Sharjah Foundation for Supporting Entrepreneurial Projects ("Ruwad") or the Khalifa Fund for Enterprise Development, must upload a document proving their membership.

D.              To register on the Website, you are required to provide specific information. Failure to supply the necessary details may result in your registration being declined. We reserve the right to reject any registration at our discretion without providing an explanation. Additionally, we may conduct verification checks to confirm your identity.

E.               If you are creating an Account on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this User Agreement, in which case the terms "You", "Your", "User" or “Seller or “Buyer" shall refer to such corporate entity. If, after your electronic acceptance of this User Agreement, Baitelmair finds that you do not have the legal authority to bind such a corporate entity, you will be personally responsible for the obligations contained in this User Agreement, including, but not limited to, the payment obligations.

Once your registration is successfully completed and your Account is created on the Website, it will remain active indefinitely unless suspended or terminated in accordance with this User Agreement.

When using or accessing the Website and the Services, you agree that you:

When using or accessing the Website and the Services, you agree that you will not:

By providing your credit card details for transactions on the Website, you confirm that the information is accurate and that you are the lawful owner of the credit card being used. You agree not to use a credit card that is not legally yours. Additionally, you undertake to provide valid and accurate credit card details when requested.

Baitelmair is not responsible for any fraudulent use of your credit card. Any liability arising from unauthorized or fraudulent use rests with you, and it is your responsibility to prove otherwise.

The access to the Website is provided to you on an “as is” basis without representations, warranties or conditions of any kind. Furthermore, whilst we attempt to be as accurate as possible, we do not warrant that Item descriptions or other content mentioned on the Website is accurate, complete, reliable, current, or error-free. Additionally, as a User, you agree that we are not responsible for examining or warranting the listings of the Item provided by the Seller on the Website, and that you will not attempt to hold us liable for any inaccuracies or defects in any of the listings.

Any dispute which arises out of or is related to  Services  offered through the Website and this User Agreement shall be exclusively governed in accordance with Dubai International Arbitration Center (DIAC) Arbitration Rules.

Any dispute arising from this User Agreement including Seller Terms and Conditions ,and the Services provided through the Website must be communicated to Baitelmair in writing by serving notice at [email protected].

If the dispute remains unresolved thirty (30) days after such notice has been served, the Seller may, by further written notice to Baitelmair, refer the matter to arbitration by three arbitrators mutually agreed upon by both Parties.

All disputes related to this User Agreement including Seller Terms and Conditions and the Services provided through the Website shall be exclusively submitted to arbitration at the Dubai International Arbitration Center. The arbitration will take place in Dubai, conducted in English, and governed by the rules of the Dubai International Arbitration Center. The award issued by the Arbitration Board shall be final and binding on the Parties (Seller and Baitelmair).

Any claims you bring against Baitelmair must be resolved according to the terms of this User Agreement. Claims filed contrary to the terms of this User Agreement will be considered improperly filed and a violation of this User Agreement. If you file a claim in violation of this User Agreement, Baitelmair may recover its legal fees and costs (including in-house counsel and paralegals). In the event of any bankruptcy or insolvency proceedings involving you, Baitelmair will be entitled to recover all reasonable costs and expenses, including legal fees incurred in enforcing this User Agreement.