Introduction:
Thank you for visiting and using Batastores.com and/or our Application ("Bata Stores"). Bata Stores enable you to order the Products and/or Services collectively (“Products/Services”) you wish, all within a trusted environment. Bata Stores is powered, owned, and operated by (Maher Bata Trading Est.) and whose registered address is 364 Prince Hassan Street Amman, Jordan.
By using Bata Stores, you are agreeing to these terms. Please read them carefully.
1. CONTRACTUAL RELATIONSHIP
1. These Terms and Conditions ("Terms") govern the relationship between Bata Stores, which is managed under the laws of Jordan, Bata Stores affiliates, the owner and operator of Bata Stores ("Bata Stores", "our", "we" or "us") and any person and or/entity and/or anyone on their behalf, which uses Bata Stores ("Customer", "Customers" or "you"). In these Terms, the words "including" and "include" mean "including, but not limited to."
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING BATA STORES (as defined in provision 2 hereunder).
2. Your access and use of Bata Stored constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Bata Stores. If you do not agree to these Terms, you may not confirm your order through Bata Stores. These Terms expressly supersede prior agreements or arrangements with you. We may immediately terminate or amend these Terms, or generally cease offering or deny access to Bata Stores or any portion thereof, at any time and for any reason, at our sole discretion, and without the obligation of providing you with prior notice. Without derogating from the foregoing, we may prevent Customers from making orders via Bata Stores in any case of infringement of these Terms, and at our sole discretion.
3. Supplemental terms may apply to certain Products/Services, and such supplemental terms will be disclosed to you in connection with the applicable Products/Service(s). Supplemental terms are in addition to and shall be deemed a part of, the Terms for the purposes of the applicable Products/Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Products/Services.
4. Bata Stores may amend These Terms from time to time. Amendments will be effective upon Bata Stores posting of such updated Terms or the amended policies or supplemental terms on the applicable Products/Service(s). Your continued access or use of Bata Stores after such posting constitutes your consent to be bound by the Terms, as amended.
5. Our collection and use of personal information in connection with Bata Stores are as provided in our Privacy Policy.
2. SERVICES THROUGH OUR PLATFORM
It is a technology platform that enables Customers to order Products/Services based on the availability displayed to be delivered to their doorstep, with an independent courier, under agreement with Bata Stores.
Maintenance:
A) Bata Stores shall perform the maintenance work by trained system mechanism and instrument specialists.
B) Bata Stores are entitled to subcontract the maintenance work to third parties.
C) Maintenance costs are subject to Bata Stores' adopted price rates (if any).
Return:
A) Returns are only accepted within three (3) days of the date of purchase. For a product to be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
B) To return your product, please contact us at (+962795048925). To process your return, we require a receipt or proof of purchase. You will be responsible for shipping costs. If the product is received by us in unused and undamaged condition and in its original packaging, we will return your purchase.
C) Several types of goods are exempt from being returned. These goods are identified on the website and during the ordering process as being non-returnable.
* Please do not send your purchase back to the manufacturer.
Exchange:
If you believe you have a defective product, please contact us at (+962795048925).
A) Defective products may only be exchanged within three (3) days of purchase. In order to process your exchange, we will need your order number, description of your setup, and any other information about your use of the product that may help us understand the potential defect.
B) In the event that a product is determined to be defective due to manufacturer error or defective materials, we will repair or exchange the product as needed. If Bata Stores determines that repair or replacement of a defective product is not practical, we will provide a refund.
3.CANCELLATION OF AN ORDER
As a Customer, you have the legal right to cancel any accepted order placed through Bata Stores up to 24 hours from the day after the date the goods were ordered. If you wish to cancel your order before it is dispatched please notify us by e-mail or through our Technical Help Line on (+962795048925) at the earliest opportunity, a full and complete refund for orders canceled before dispatch will be issued within 14 days. Should the goods already have left our warehouse and in transit to the delivery address, Bata Stores will be unable to stop the shipment. Do not unpack the goods by removing the protective wrap, return the shipment to the supplier within 14 days using a suitable traceable method of transit, this is at the Customers cost.
4. Modifying Bata Stores:
1. Bata Stores reserves the right to update or modify Bata Stores or these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review the Terms and Conditions whenever you visit Bata Stores. Bata Stores team strives to provide you with useful, accurate, and timely information. Accordingly, our team attempted to provide accurate information and materials but assumes no responsibility for the accuracy and completeness of that information. By using or continuing to use Bata Stores you represent that you have the legal capacity and competence to enter into the Terms and Conditions.
2. From time to time we may contact You with certain communications or messages regarding our Products/Services, such as service announcements, administrative messages, Feedback, etc, and You will not be able to opt-out of receiving such communications.
3. For the purposes of service messages and notices about our Products/Services, we may place a banner notice across our pages to alert you to certain changes such as modifications to these Terms and Conditions. You also agree that Bata Stores may communicate with you through your account or through other means including email, mobile number, telephone, or delivery services including the postal service about your account or services associated with us.
5. INTELLECTUAL PROPERTY
1. Bata Stores is the owner and/or the licensee of all intellectual property rights (registered and unregistered) in Bata Stores and in the material published on it other than any third party intellectual property rights. Those works are protected by copyright laws, trademark laws, and treaties around the world. All such rights are reserved.
2. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on Bata Stores are Bata Stores’ Trademarks (registered and unregistered) other than any third party intellectual property rights. Bata Stores’ Trademarks may not be used in connection with any product or service that is not its own, including, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bata Stores.
3. In addition, text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, interactive content, and scripts are Bata Stores’ intellectual property and may not be copied, used or imitated without the prior written consent of Bata Stores. The compilation and appearance of all content on Bata Stores are the exclusive property of Bata Stores. Nothing contained on Bata Stores should be construed as granting, by implication, or otherwise, any license or right to use any of Bata Stores’ intellectual property rights or those of any third party without Bata Stores’ express written permission, except for the limited license granted above.
4. Your misuse of the intellectual property displayed on Bata Stores, or any other content on Bata Stores is strictly prohibited.
6. Feedback:
We welcome your suggestions, complaints, ideas, comments, and other feedback regarding our services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Bata Stores does not waive any rights to use similar or related Feedback previously known to Bata Stores, developed by its employees or contractors, or obtained from other sources.
You are prohibited from using Bata Stores to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offense, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using Bata Stores to advertise or perform any commercial solicitation.
8. Warranty:
All of our products are rigorously field tested and we proudly guarantee against defects in materials and craftsmanship.
If you have received a Bata Stores product that you suspect has a defect, please contact us.
1. Bata Stores will approve claims of the product purchased through Batastores.com or any Application affiliated by Bata Stores. The warranty covers manufacturing and material defects only and does not include damage caused by any of the following:
- Improper use or misuse of the product
- Any unsealed or disassembled goods
- Damage caused by cleaning, alterations, or modifications
- Damage caused by any force majeure of any type
- Damage caused by any non-authorized third party you assigned for maintenance or installation of goods
2. No oral or written communications by or on our behalf shall create a warranty or in any way increase the scope of the warranties we have given.
3. Bata Stores grants its Customers a warranty of One (1) year after the day of purchase. During the warranty period should any manufacturing or material fault occur, the product or related accessory will be repaired at Bata Stores repair station, or at the discretion of Bata Stores may be replaced during the warranty period subject to the terms specified in Clause (2).
4. Should for any reason a product requires attention the original invoice must be presented as proof of purchase, should this not be presented to a repair station the supplier cannot be held responsible for warranty work being refused, and a charge made for the repair. Please note most importantly that the warranty for power tools does not cover accidental damage, misuse, and or abuse of the machine or fair wear and tear and the granting of any warranty repair is at the discretion of the repair station.
9. Personal Information and Registration:
IF YOU ACCESS BATA STORES THROUGH ANY PLATFORM THAT REQUIRES YOU TO CREATE AN ACCOUNT ACCESSIBLE THROUGH A USER NAME AND PASSWORD, THEN IN ADDITION TO THE PROVISIONS OF THE AGREEMENT AND THE TERMS APPLICABLE TO ANY OTHER PLATFORM THAT YOU ARE USING, THE FOLLOWING ADDITIONAL TERMS WILL APPLY TO YOUR USE OF BATA STORES.
1. You are solely responsible for keeping your password and all other account information confidential and for all use of your user name and password, including, without limitation, any use by any unauthorized third party. It is your responsibility to maintain the security of your mobile device(s) from unauthorized access.
2. You must provide and keep us up-to-date with accurate information, including name, address, credit card number, and expiration date (where required). We may update your information with information your bank or credit card issuer may supply, or other information available to us. All such personal information, as well as the information you provided to register, is subject to the Privacy Policy incorporated into the Terms and Conditions.
3. Bata Stores, in its sole and absolute discretion, may terminate access to your account for any reason (including reasons related to unlawful or unauthorized usage). Bata Stores has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account.
4. By creating an account, you are deemed to have “opted-in” to all tracking, collection, use, and sharing permitted under our Privacy Policy without limitation, you agree to receive emails from us periodically relating to your account, Bata Stores services, offers, and promotions, including third-party offers. You may change your email preferences at any time in your account settings. Without limitation, you consent to Bata Stores' right to record any responses and ratings made by you in connection with your use of Bata Stores.
5. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
6. For registration to Bata Stores through Gmail or any other Email or Facebook option located on the homepage or in some cases by submitting your email address. By registering, you acknowledge and agree that Bata Stores may:
a) Access your Facebook profile information; and
b) Store parts of the information provided by you as specified hereunder, directly or indirectly, including but not limited to your Facebook Profile, (the "Stored Information").
7. The Stored Information will be stored in relation to your Facebook Profile: id, email-address, educations summary, first-name, last-name, recommendations-received, headline, industry, Applications-standard-profile-request, public-profile, pictures, current-status, positions, main-address, location, distance, specialties, proposal-comments, associations, honors, interests, phone-numbers, date-of-birth, languages, non-connections, location, and any other information.
Please refer to our Privacy Policy for more details.
8. Our use of Personal Data and information that is confidential is governed by the terms of our privacy policy.
10. Your license to us:
By providing such information and using Bata Stores you grant us a nonexclusive, transferable, sub-licensable, royalty-free, worldwide license to use such information and contents that you post on Bata Stores. Such a license includes permission for us to commercialize (for our own purposes) the comments you have posted in the review section on Bata Stores.
11. Use of Bata Stores and Complaints:
Bata Stores is fully committed to protecting your privacy and only uses the information collected about the Customer lawfully (in accordance with the Jordanian Laws). Information will only be used to process the Customer order and to continue to provide a high-quality service. Bata Stores will never pass information to a 3rd party. The level of service and experience in servicing the Jordanian power tool market allows the supplier to be confident enough to think that the Customer should be pleased with the products and services every time they are purchased, however, should the Customer at any time feel that they would like to make a complaint, or comment regarding any aspect of the service, please contact via post, email (info@batastores.com) or fax (+96264703805), please mark for the attention of Mr (Rami), Managing Director, any contact regarding comments and or complaints the supplier receives will be dealt with the urgency demanded, Bata Stores endeavor to respond in full within five working days.
12. PRICING STRUCTURES & PAYMENTS
Prices for any power tool or accessory on Bata Stores is the price the supplier initially offers the Customer the goods at, and is subject to additional V.A.T at the standard rate and does not include shipping charges. Exceptions to this standard working practice may occur due to the following circumstances: every effort is made by the supplier to offer the best possible and correct price at all times on Bata Stores, however even with the best intentions errors may occur from time to time. Should this unfortunate situation arise at the review stage of any customer order request, the Customer will be contacted at the earliest opportunity and given the choice to cancel the original order request or proceed at the corrected price. Should Bata Stores be unable to raise the Customer to discuss this matter or receive no decision regarding price the order will be deemed to be canceled 5 working days following the date of order, with a full and complete refund being made within 7 working days of cancellation. Initiating an order request through Bata Stores authorizes Bata Stores to debit the Customer’s credit or debit card for the total amount shown, full payment includes tax at the current rate where appropriate, the total value for payment with the shipment value added at check-out that must be confirmed by the Customer before any order requests get prepared for shipping.
13. Limitation of Liability:
1. Bata Stores shall not be liable for any failure to perform any obligation caused by any event beyond its reasonable control.
2. Bata Stores make no representation that accesses to or uses or reliance on Bata Stores provided through it will be appropriate, available, or lawful in all countries.
3. Bata Stores shall not be held liable for any material available at or through it which is provided by any third party.
4. Bata Stores shall not be held liable for any loss of information. Any information you submit to us is at your own risk of loss.
5. Bata Stores cannot guarantee that other Customers will not use the ideas and information that you share to and/or through Bata Stores in the comments section. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it in our comments section. BATA STORES IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST.
6. Nothing in these terms shall exclude or limit the liability of Bata Stores towards you for fraud, death or personal injury arising out of our negligence or any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
14. Indemnification:
1. Customers agree to indemnify, defend and hold Bata Stores, its affiliates, successors, assigns and licensors, franchisees or sub-franchisees, any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of these Terms and Conditions by you, or due to your activities related to the Bata Stores service, whether by use of Customer account or otherwise.
2. You agree to indemnify us and hold us harmless for all damages, losses, and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by:
a) Your failure to comply with these terms, including, without limitation, your submission of content that violates third party rights or applicable laws;
b) Any content you submit to Bata Stores; and
c) Any content shared by the Customer, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
d) Any activity in which you engage on or through Bata Stores.
15. Severability; Waiver:
1. If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the above. We want to make sure that all of our customers feel safe and comfortable while using Bata Stores.
2. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law and the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision;
16. Law and Jurisdiction:
1. Any dispute or claim arising out of or in connection with Bata Stores will be governed by the Jordanian law and any dispute or claim arising out of or in connection with it shall be subject to the exclusive jurisdiction of Jordan, the competent court shall be in Amman Qaser Al Adel.
2. Applicable laws require that some of the information or communications we send to you should be in writing. For contractual purposes, you agree to electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17. Electronic Acceptance:
Electronic Acceptance is binding. The indication of your assent to the Terms and Conditions, whether express (e.g., clicking on an “I AGREE” icon) or implicit (i.e., using Bata Stores) constitutes your agreement to the Terms and Conditions. You agree that such acceptance will have the same force and effect as if you had manually signed a paper version of these Terms and Conditions. You hereby irrevocably waive any rights that you may have under applicable law to use or receive physical copies of these Terms and Conditions.