Terms of Use

Welcome to POWDER. These terms of use (“Terms” or “Agreement”) govern your use of the Website. Please read these Terms carefully, as your use of the website constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the www.powder.ae website (“Website” or “Site”).

The term “you”, “your”, and “User” or similar terms means the person accessing or using the Website. The terms “us”, “we” and “our” refer to POWDER.

Please read these Terms carefully. By accessing and using our Website, you are agreeing to be bound by these Terms of Use. If you do not agree to these Terms, please refrain from using our Site. These Terms should be read in conjunction with the POWDER  Privacy Policy.

  1. Definitions

Order means an electronic request for a product from the User to use the Powder products and related, as available from time to time, in the ORDER section.

Order Price means the price and associated delivery fees payable by the User for the ordering a product with POWDER.

E-Commerce Internet Payment Services means an electronic payment system which enables the User to conduct account and/or credit card transactions to the account of the Powder via the Internet.

Individual means a natural or legal person who is utilizing any of the Powder Services or Website.

Merchant Bank means the POWDER’s bank accepting payments via the Website.

Payment means a fund transfer from the User’s bank account and/or Credit Card to the Powder Accounts.

User means any user of the Powder Website, including the E-Commerce Internet Payment Services on the Website. It also means a client of POWDER, ordering the POWDER products and associated services via the means of its website.

Website or “Site” means POWDER website, www.powder.ae

Words importing only the singular shall include the plural and vice versa, and words importing any gender shall include all genders.

  1. User Obligations

2.1 Acceptable Use. This Website is designed to provide Users with a range of information concerning (i) (i) the products and associated services we offer; (ii) our team; (iii) the corporate objectives of POWDER; vi) ORDER option for using our products and related services via online payment and (v) other materials concerning our products and services. This Website may be used only for its lawful and intended purposes.

2.2 Eligibility. Our Website is not intended for the use of minors, and POWDER will not allow Users we know to be under 21 years of age to perform transactions on the Site.

2.3 Transmission of Information. The User is responsible for their own communications, including the transmission and uploading of information and is responsible for the consequences of such communications to the Site. The User is solely responsible for the accuracy and correctness of all information and details transmitted via the Website. The User shall be solely responsible for providing beneficiary details for any Transaction. Powder will not be liable for non-payment as a result of error of details the User submitted, any failure or delay in payment. Errors in inputted information may result in delays in service, as an ORDER will only be confirmed once the required payment has been successfully made.

  1. Payment Methods, Delivery, Cancellation and Refund Policy

3.1 Methods of Payment. We accept payment for our services by credit or debit cards, both online via our E-Commerce Online Payment Service. We also offer Cash or Credit Card on Delivery in the UAE. Card on Delivery payments will incur a 2.5% processing fee which will be payable if the User opts to use this payment option upon order delivery. All credit and debit card details and personally identifiable information will not be stored, sold, shared, rented or leased to any third parties. The card holder should be one of the customers or their legal representative. All fees are paid in UAE Dirhams (AED), unless payment is made by a foreign card and the card holder has elected to pay in another currency. We accept credit cards issued in all countries, except countries sanctioned by the Office of Foreign Assets Control (OFAC).

We currently accept the following credit cards:

3.2 Fees and Charges. If the User uses a credit or debit card to make a payment via the Powder Website and/or in person at our offices, the User accepts that they may be subject to fees which may be imposed by their own card issuing bank. Users will not be subject to any additional fees or charges imposed by POWDER’s Merchant Bank for the transaction. If a User opts to pay visa Credit Card on Delivery, a 2.5% charge will be payable in addition to the total cost of the order.

3.3 Fees for Payment in Foreign Currency. Currency rates are set on a daily basis by our Merchant Bank based on its daily approved rates. The accuracy of such rates cannot be verified. Powder assumes no liability or responsibility for currency rates and currency exchange charges in the event your bank or the Merchant Bank impose such charges on the Cardholder during the course of the transaction.

3.4 Delivery. Powder will deliver the requested products to the User once the order is completed, within the number of days indicated with the shipping service selected with the Order. Powder reserves the right to postpone or deny an ORDER for a specific product and associated service and the delivery of such product and associated service if the ORDER does not comply with the Powder Terms and Conditions, Rules and applicable laws or if POWDER does not hold that specific product in Stock at time of the ORDER. If a service is denied, Powder will fully refund the User for any ORDER PRICE paid.

3.5 Cancellations. Registered Users may cancel an ORDER on the “My Account” section of the Powder Website. Users receive an e-mail containing log-in details for use of the “My Account” section when they register for an Account online. Users may cancel an ORDER by e-mail with instructions to orders@powder.ae. Users will only be entitled to a refund for any ORDER PRICE paid if the cancellation is made maximum 4 hours after the ORDER is placed. If a User chooses to cancel an ORDER, the User will be contacted by one of our team members to arrange for a refund. No fees are applicable for ORDER modifications in the event they do not include cancellations of products. Users experiencing difficulties cancelling or modifying an ORDER should immediately contact Powder directly at the coordinates in Section 10.

3.6 Refunds. In the event of a cancellation being made 4 hours after the ORDER all sums paid shall be reimbursed to the User, less a service fee of 2.65% of the paid amount. Any refunded amounts shall be returned through the original method of payment and orders originally paid with Cash or Credit Card on Delivery will be reimbursed with store credit. Users should expect a processing time of 14 business days for a refund to be credited. Users with foreign credit cards may experience longer delays for refund crediting. In the event of a denial of services by Powder during an ORDER or thereafter, the amount paid shall be reimbursed to the User, without any deduction of service fees. Powder will not issue refunds for products and associated services after this period or after delivery.

3.7 Dispute Management Policy. If a User wishes to dispute a charge or make a complaint about a service provided to them by the POWDER, they may send an e-mail to orders@powder.ae, or telephone POWDER at the coordinates in Section 10.

3.8 OFAC Disclaimer. POWDER [www.powder.ae] will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries, in accordance with the law of the UAE.

  1. Online Payments

The following terms pertain to any purchases made by Users making online payments for purchases using the E-Commerce (E-Gateway) Online Payment Services on the POWDER Website.

4.1 Eligibility. Any User who has an accepted Account or Credit Card and is eligible to access and utilize the products and associated services of POWDER [www.powder.ae] and subject to its discretion, is eligible to apply for E-Commerce Internet Payment Services. The User accepts that Powder has the right to refuse any ORDER request and payment, and may at any time at its own discretion disable the access to the E-Commerce Internet Payment Services.

4.2 Liability for Misuse. The User shall be liable for any misuse of the E-Commerce Online Payment Services as a result of non-compliance with its security procedures, these Terms of Use, or any other form of security breach from his internet connection, mobile phone, server or any other intermediary platforms used during the course of the online payment. The User also accepts that the Merchant Bank has the right to disable the Personal Internet Banking Services in the event of an identified misuse.

4.3 SSL Security information. To ensure secure online payment and all other transactions of personal data, the Website uses a technology called SSL (Secure Socket Layer). SSL encrypts all communications between your computer and our server so that the information can only be read and understood by us. Usually a closed lock on your browser window shows a secure connection. For further information, please consult your browser’s security specifications. If your browser is equipped with SSL your transaction will automatically be secured. The common Internet standard to signal a secure site is a closed lock at the bottom of the browser. As long as the lock is displayed closed your information is secure and encrypted to avoid abuse. If you click the secure transaction link and still cannot see the closed lock, the reason may be that the window is in nested in another frame. To check that you have a secure connection (in Internet Explorer), click the right mouse button and properties, then certificates. You will see if the connection is secure or not. Another way (in Netscape Navigator) is to click the right mouse button and ‘view frame info’ at the bottom of the text you will see security information.

4.3 Assumption of Risk. The User should bear in mind that the submission of information over the Internet is never entirely secure, and that neither POWDER, nor its Merchant Bank can guarantee the security of the information submitted via E-Commerce Online Payment Services whilst it is in transit over the Internet and any such submission is at the risk of the User.

  1. 5. Warranty and Limitation of Liability

To the fullest extent permissible by law, powder (and those that the powder works with to provide the products and associated services) (a) disclaims any representation or warranty express or implied concerning the accuracy, completeness or fitness for a particular purpose of the information contained on the general site except for the published rules; (b) does not guarantee that the website services, including access to the e-commerce online payment services will function without interruption or errors, and (c) provides the  product and associated service (including content and information) on an “as is” and “as available” basis.

Powder does not offer any warranty or remedies for the interruption or cessation of access to its products and associated services or this website.

Users accessing this information assume full responsibility for the use of the information contained on this website and understand and agree that powder is not responsible for any claim, loss, or damage arising out of the use of the information or offered products.

Further to this, in no event shall powder be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages that result from the use of, or inability to use this website or any other aspects of this agreement. Under no circumstances will powder be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the products and associated services or your account or the information contained therein.

  1. Indemnification

The User agrees to indemnify and compensate the POWDER for any damages, loss, expense or liability it incurred as a result of his breach of the Terms of Use.

  1. General

6.1. Amendment. Powder may from time to time and at its sole discretion with prior notice to Users, change and amend any of the Terms of Use. The changes will apply on the effective date POWDER specified in the notice and the changed Terms of Use will be published on the POWDER Website along with a note informing Users of the applicable Terms of Use.

6.2 Severability. Each provision of this Agreement is severable. If any provision of this Agreement is or being illegal, invalid, or unenforceable, the illegality, invalidity, or unenforceability of that provision will not affect the legality, validity, or enforceability of the remaining provisions of this Agreement.

6.3 Nature of Relationship. The User agrees that no joint venture, partnership, employment, agency agreement exists between you and POWDER as a result of this Agreement or use of the Site.

6.4 Governing Law. These Terms of Use shall be construed in accordance with the laws of the DIFC and the rules, regulations and directives of the DIFC. In the event of a dispute in relation to the Terms of Use, the User consents to the exclusive jurisdiction and venue of the DIFC Courts.

6.5 Entire Agreement. These Terms constitute an entire agreement between the User and the POWDER, and supersede any prior agreements between the User and POWDER.

  1. Copyright and Disclaimer

The materials published on this website are unless otherwise stated the copyright works of POWDER. Users may make copies of materials published on this Website for their personal and not-for-profit use. Notwithstanding the foregoing, the content of the published material and the copyright notices must remain intact, any communication of the content must not be misleading or inaccurate, and a copy of this Copyright and Disclaimer must accompany any copies of the materials which may be circulated. Users may not create a link to any part of this Website nor republish any content or material available on the Website on any other site or alert-service without prior written consent. Consent may be requested by contacting the POWDER offices at the coordinates found in Section 10.

The information presented on our General Site is provided as a courtesy by POWDER and intended for the purposes of providing general information only, and do not constitute a substitute for legal or other professional advice. Neither POWDER nor any other associated entity accepts any responsibility for any loss which may arise from reliance on information published on this site or the use of their products and associated services. Users that have, or suspect to have a legal problem should consult a lawyer/legal practitioner for legal advice.

  1. Notification of Changes

The Website Policies and Terms of Use may be changed or updated occasionally in order to meet requirements and standards. Users are encouraged to visit these sections when using the Site, in order to be up to date on changes to the Website. All modifications will be effective on the date they are posted.

  1. Site Administration and Contact

POWDER is committed to providing its customers with products and associated services of the highest quality. If you have comments or questions about the administration of our Website, or any of our products or associated services, please contact us at the following coordinates.

Powder Middle East FZE, PO Box 326370, Ras al Khaima, United Arab Emirates.

  1. Effective Date and Legal Notice

The original effective date of this Agreement is November 1, 2017.

Copyright 2017. POWDER