Terms of service
1. Introduction
1.1 These terms of sale apply to Your use of Our Services, whether as a visitor or registered user. Please read these terms carefully and make sure You understand them before using Our Services. By using Our Services You indicate that You accept these Terms and that You agree to abide by them. If You do not agree to these Terms please do not use Our Services.
1.2 You can apply to become a Registered User of Our Website by creating an account. If You apply to become a Registered User You will be asked to click to "Accept" these Terms. If You refuse to do so, You will not be able to become a Registered User. Where You have refused to click to "Accept" but continue to use Our Website as a visitor Your continued use of Our Services will indicate acceptance of these Terms.
1.3 Language of Agreement: These Terms are provided in English. In case of any discrepancy between the English version and any translation, the English version shall prevail. Arabic translations may be provided for convenience, but the English version remains the official and binding version of this agreement.
2. About Mumz Mart
The Mumz Mart is a limited company registered in the UAE.
3. Definitions used in these terms
Buyer means anyone purchasing Items from a Seller via the Website.
Confirmation means Our email confirmation to You that You have become a Registered User.
Content means the adverts, data, details, images, information, messages, photographs, screen names, text and all other material Posted by a Seller or Buyer on the Website.
Fee means a fee payable by the Seller to Mumz Mart as set out in clause 10.
Items means all goods offered for sale using Our Services.
Market Place is a convenient destination for visitors of the Website to discover and Registered Users to buy and sell items.
Post means display, exhibit, publish, distribute, upload, transmit and/or disclose and the words "Posted" and "Posting" shall be interpreted accordingly.
Registered User means anyone who has signed up to have an account with Mumz Mart via the Website.
Seller means anyone selling Items for purchase via the Website.
Services means the provision of the Market Place provided by us through the Website.
Terms means these Terms of Use, our Privacy Policy and any documents to which they refer.
Mumz Mart, We, Us, Our means Mumz Mart, details as set out in clause 2 above, who operates and provides Services via the Website.
Website means www.mumzmart.com
You/Your means the individual or entity using Our Services and may be a visitor, a Seller or a Buyer
4. What we do and what we don't do
4.1 Mumz Mart offers the Services to visitors to and Registered Users of the Website.
4.2 Essentially Mumz Mart and the Website is a Market Place. Sellers may list Items to sell and Buyers may find items to buy. Visitors to the Website can browse Items but only Registered Users can offer Items for sale and purchase Items.
4.3 For details about how Our Services work please visit https://mumzmart.com/pages/magic-unveiled
4.4 While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and You may decide to follow it or not.
4.5 Due to the nature of preloved products, we have implemented a strict no-return policy, except in cases where the item arrives damaged or significantly differs from the listing on the Website. In such cases, the buyer will be responsible for the cost of shipping. It is the Seller's responsibility to determine and communicate if returns are acceptable and under what terms. Sellers and Buyers should discuss postage and reimbursement directly.
5. Registered users
5.1 By becoming a Registered User, You warrant that:
5.1.1 You are legally capable of entering into binding contracts;
5.1.2 You are at least 18 years old or if You are under 18 years old You have the prior written consent of Your parent or guardian to become Registered User and Your parent or guardian will supervise Your use of Our Services; and
5.1.3 If You are a business entity that You have the authority to legally bind that entity.
5.2 Your application to become a Registered User constitutes an offer by You to us to enter into a binding contract with us to become a Registered User. Following Your application You will receive Confirmation from Us.
5.3 You may create only one account on the Website per person. You may not assign, transfer or otherwise deal with Your Registered User account.
6. Our rights
6.1 We reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.
6.2 Without limiting our other remedies, We may limit, suspend, or terminate any Registered User’s account and access to Our Services, restrict or prohibit access to, and Your activities on, Our Services, cancel transactions, remove or demote or otherwise restrict the visibility of listings, reduce or eliminate any discounts, and take technical and legal steps to keep You from using Our Services if:
6.2.1 it is our reasonable belief that:-
6.2.1.1 You are creating problems or possible legal liabilities for Us, Our users, suppliers or other third parties;
6.2.1.2 such restrictions will improve the security of MumzMart community or reduce Our or another Registered User's exposure to financial liabilities;
6.2.1.3 You are infringing the rights of third parties;
6.2.1.4 You are acting inconsistently with the letter or spirit of these Terms; or
6.2.1.5 You have committed any form of abuse to Us, Our employees or Registered Users;
6.2.2 after selling an Item to a Buyer You fail to deliver it to the Buyer;
6.2.3 You fail to respond to any contact made by Us to You;
6.2.4 despite Our reasonable endeavours, We are unable to verify or authenticate any information You provide to Us; or
6.2.5 You fail to make, or it is evident that You are unable to make, full payment of any Fees due.
7. General obligations on visitor, sellers & buyers
7. 1 You agree to consider and comply with, as far as reasonably practicable, Our guidelines set out athttps://mumzmart.com/pages/magic-unveiled
7.2 You agree to comply with Our Website Privacy Policy which can be found here.
7.3 You agree to comply with Website Acceptable Use Policy which can be found here.
8. Specific obligations on sellers
8.1 When using Our Services, You acknowledge and agree the following:
8.1.1 You are responsible for the accuracy, content and legality of the Item Posted;
8.1.2 We may amend any Post to supplement, remove, or correct information and/or We may add an image of the Item to Your Post to enhance the likelihood of it being sold;
8.1.3 Your Post may not be immediately searchable by keyword or category. We cannot guarantee exact Posting durations;
8.1.4 not to post, list or upload Content or Items in inappropriate categories or areas on Our Website;
8.1.5 not to breach or circumvent any laws, third-party rights or Our systems or policies;
8.1.6 not to sell any counterfeit or damaged items or otherwise infringe the copyright, trademark or other rights of third parties and sell only items of which you are the sole owner, or in the case of consignment sales, re-selling of second-hand, open-box, or deadstock products, ensure you have proper authorization from the owner of the Products."
8.1.7 to prepare Items sold by You for pick up by our courier in a clean and neat condition. Our courier will be checking the items upon collection from you. In case the items do not match the description, we reserve the right to refuse collection and selling.
8.1.8 not to post false, inaccurate, misleading, defamatory, or libellous Content;
8.1.9 not to take any action that may undermine the feedback or ratings systems on Our Website;
8.1.10 not to distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes whilst using Our Services or in connection with Our Website;
8.1.11 You are responsible for all taxes (including but not limited to penalties, fines, charges, or late payment interest) related to any Items You may sell using Our Services.
8.1.12 any Content that violates any of Our policies may be modified or deleted at Our discretion;
8.1.13 where Your listing appears in search and browse, results may be based on certain factors such as listing format, title, keywords, price and postage cost, feedback, Our policy compliance and detailed seller ratings;
8.1.14 meta-tags and URL links that are included in a Post will be removed or amended so as to not affect third-party search engine results;
8.1.15 we may provide You with optional recommendations to consider when creating Your Post. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings;
8.1.16 to drive the recommendations experience, You agree that We may display the sales and performance history of Your Posts to other sellers;
8.1.17 some optional upgrade features will only be visible on certain Mumz Mart Services;
8.1.18 to drive a positive user experience, a Post may not appear in some search and browse results regardless of the sort order chosen by the Buyer; and
9. Specific obligations on buyers
9.1 When using Our Services, You acknowledge and agree to the following:
9.1.1 You are responsible for reading the full Item listing before committing to buy;
9.1.2 You will enter into a legally binding contract to purchase an Item when You commit to buy such Item; and to pay in full for Items purchased by You, plus delivery fees, unless You have a valid reason as set out in Our policies or guidelines, such as the Seller has materially changed the Item's description after You have committed to buy the Item.
9.1.3 To provide accurate and up-to-date information when creating an account and making purchases.
9.1.4 To make timely payments for Items purchased through the Website.
9.1.5 To communicate promptly and courteously with Sellers regarding purchases.
9.1.6 To comply with all applicable UAE laws and regulations when using Our Services.
10. Sellers fees & payment of items sold
10.1 We use Stripe and Tabby to process all payments for Items sold using Our Services.
10.2 It may take up to 10 days for payments to be transferred from Stripe into the Seller’s bank account and up to 15 days if Tabby payment method was used. This is beyond Our control.
10.3 It is free to Sell Preowned items on our website. You will receive the amount you sold your items for minus the payment processing fees. For businesses there is 15% sales commission fee which includes sales processing fees as well.
10.4 The Fee will be deducted by Stripe or Tabby, depending on the payment method chosen by the buyer during the purchase. The amount received by the Seller for each Item sold using Our Services will be the final price the Item has sold for, minus payment processing fee as follows:
Stripe's payment processing fees:
- **Domestic Cards (UAE)**: 2.9% + AED 1 per successful transaction.
- **International Cards**: 3.5% + AED 1 per successful transaction.
- **Currency Conversion**: If applicable, there's an additional 2% fee for currency conversion.
Tabby's payment processing fees: 7% + 1.5 AED
10.6 The Fee includes Value Added Tax unless otherwise indicated.
10.7 The Seller agrees that all amounts due to Us under these Terms shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this clause from any monies held for You by Stripe in relation to Your use of Our Services.
11. Cancellations and Returns
11.1 As MumzMart is a marketplace for second-hand items, standard return policies may not apply. Buyers are advised to carefully review item descriptions before purchasing.
11.2 Returns are generally not accepted unless the item arrives significantly damaged beyond what was described or differs substantially from its description on the Website. In such cases, the Buyer must notify the Seller and Mumz Mart within 48 hours of receiving the item.
11.3 Sellers are responsible for clearly stating the condition of their items and any specific return policies in their listings. Any return or exchange process should be agreed upon between the Buyer and Seller, with Mumz Mart serving only as a facilitator of communication.
11.4 Buyers are responsible for return shipping costs unless otherwise agreed with the Seller.
11.5 Mumz Mart reserves the right to mediate disputes related to item condition or description and may, at its discretion, facilitate refunds or take other appropriate actions to resolve conflicts between Buyers and Sellers.
12. Disputes
12.1 We remind you that We are not a party to the contract between the Seller and Buyer nor are we liable in any way under it. If a dispute should arise between Seller and Buyer then it is up to the Seller and Buyer to resolve the dispute between them, unless you have purchased the protection insurance from us or if you are Mums Club paid member. We are not responsible for an issues or disputes that may arise between Seller and Buyer. If you have any queries or concerns in relation to a dispute you can contact us at admin@mumzmart.com
12.1 We remind you that We are not a party to the contract between the Seller and Buyer, nor are we liable in any way under it, unless you have subscirbed to our MumzMart Cirle and is still a member of this membership club at the time of the purchase has been made. .
12.2 In the event of a dispute between a Seller and a Buyer, the parties are encouraged to communicate directly to resolve the issue amicably.
12.3 If the parties are unable to resolve the dispute independently, they may request Mumz Mart's mediation by contacting us at admin@mumzmart.com. We will review the case and attempt to facilitate a resolution.
12.4 If mediation is unsuccessful, either party may pursue legal action in accordance with UAE law. Any legal proceedings must be brought in the competent UAE courts.
12.5 Mumz Mart reserves the right to suspend or terminate the accounts of users who frequently engage in disputes or demonstrate bad faith in their transactions.
13. Termination
13.1 You may terminate Your registration with Mumz Mart at any time, for any reason, with immediate effect by contacting us at admin@mumzmart.com. . We reserve the right to check the validity of any request to terminate registration.
13.2 We may terminate Your registration at any time, for any reason, with immediate effect by contacting You at Your last known postal or e-mail address.
13.3 We may terminate Your registration without notice if You breach any of these Terms.
13.4 Termination by either party shall have the following effects:
13.4.1 Your right to use the services We offer to a Registered User shall immediately cease (You will still be able to access the Website as a visitor);
13.4.2 We are under no obligation to forward any unread or unsent messages to You or any third party.
13.4.3 Termination will not affect either party's outstanding rights or duties up to the date of termination, including our right to recover from You any money You owe to Us.
14. Indemnity
14.1 You agree to compensate Us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, We incur arising out of any breach by You of these Terms, Your improper use of Our Services or Your breach of any law or the rights of a third party.
15. Liability
15.1 Without prejudice to the general limits on Our liability referred to in clause 15.4 and subject to clause 15.5:
15.1.1 We are under no obligation to You to monitor or record any Content, Postings or any activities of Registered Users;
15.1.2 We do not assume any responsibility for the quality, safety or legality of Items;
15.1.3 We do not assume any responsibility for the truth or accuracy of any Postings or Content;
15.1.4 We make no promises, warranties or guarantees about Your ability to buy or sell Items using Our Website;
15.1.5 We do not guarantee that our Website will be secure or free from bugs or viruses; and
15.1.6 We are not responsible for third parties. For example, it is not Our responsibility if the Items are not as described or if a Buyer does not pay for Items.
15.2 Although We try to keep the Website and Our Services safe, secure, and functioning properly, but We cannot guarantee the continuous operation of or access to the Website of to Our Services.
15.3 Notification functionalities as part of the Services may not occur in real time. Such functionality is subject to delays beyond Our control.
15.4 Our liability to You for any direct losses arising under or in connection with these Terms shall be limited to the amount paid by You for the Item in question, or AED 1,000, whichever is greater.
15.5 We do not exclude or limit in any way our liability to You where it would be unlawful to do so under UAE law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for any other liability which cannot be excluded or limited under applicable UAE law.
15.6 To the extent permitted by UAE law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
(a) your use or inability to use our Services;
(b) any unauthorized access to or use of our servers and/or any personal information stored therein;
(c) any interruption or cessation of transmission to or from our Services;
(d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party.
15.7 This clause 15 shall survive termination of the Contract.
16. Data protection
All information We may hold for You will be held and processed in accordance with the UAE Personal Data Protection Law (Federal Decree-Law No. 45 of 2021).
16.2 You are referred to Our Privacy Notice which can be found at [insert web address].
16.3 By using Our Services, You consent to such processing and You warrant that all data provided by You is accurate.
16.4 You have the right to access, correct, and erase Your personal data as per the provisions of the UAE Personal Data Protection Law."
17. Consumer Protection
17.1 In accordance with UAE Federal Law No. 15 of 2020 on Consumer Protection, Buyers are entitled to certain rights, including:
17.1.1 The right to receive accurate information about the Item.
17.1.2 The right to receive Items that conform to the agreed specifications.
17.1.3 The right to compensation for defective Items or non-compliance with the terms of the contract.
17.2 Sellers are obligated to comply with this law and ensure that their practices align with consumer protection regulations."
18. Nature of Second-hand Items
18.1 All items sold on MumzMart are second-hand unless explicitly stated otherwise. Buyers acknowledge that second-hand items may show signs of previous use, wear and tear, or age-related deterioration.
18.2 Sellers are required to provide honest and detailed descriptions of their items, including any defects, damage, or signs of wear.
18.3 Buyers are encouraged to ask Sellers for additional information or images if the listing does not provide sufficient detail about the item's condition.
18.4 MumzMart does not guarantee the quality, condition, or authenticity of items sold on the platform. Buyers purchase items at their own risk and are encouraged to exercise due diligence before completing a transaction.
- Legal Considerations: While these suggestions aim to align with common practices for second-hand marketplaces, it's crucial to consult with a legal expert familiar with UAE e-commerce and consumer protection laws, particularly as they apply to second-hand goods. They can provide specific guidance on:
- Any specific regulations in the UAE regarding the sale of second-hand items online
- How to properly disclose the second-hand nature of goods to comply with local laws
- Any specific protections or lack thereof for buyers of second-hand goods in the UAE
19. Other important terms
19.1 Events outside of Our control. We will not be liable or responsible for any matter arising out or in connection with events outside our reasonable control (a Force Majeure Event), including without limitation: (a) natural disasters or “acts of God,” such as lightening, tornadoes, hurricanes, tsunamis, floods and earthquakes; (b) manmade disasters, such as plant fires or floods; (c) war and civil issues, such as riots, civil unrest, acts of terrorism; (d) labour disputes or strikes; (e) government embargoes or other government actions affecting the supply chain; (f) power outages or transportation issues; (g) epidemics, pandemic or quarantine; (h) third party supply chain difficulties; and (i) all other causes whatsoever.
19.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact You to let You know if we plan to do this. If You are a Buyer and You are unhappy with the transfer You have the right to cease use of the Website. If You are a Seller You may withdraw Your Items from sale on the Website.
19.3 We may amend these Terms. We may amend these Terms at any time. We will endeavour to notify You of any amendments to Our Terms by email, or via the messages section on the Website. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes Your acceptance of them.
19.4 You need our consent to transfer Your rights to someone else. You may only transfer Your rights or Your obligations under these terms to another person if we agree to this in writing.
19.5 Nobody else has any rights under this contract. These Terms are between You and us. No other person shall have any rights to enforce any of the Terms.
19.6 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.7 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that You do anything You are required to do under these terms, or if we delay in taking steps against You in respect of Your breaking this contract, that will not mean that You do not have to do those things and it will not prevent us taking steps against You at a later date.
19.8 Complaints and Dispute Resolution. If a dispute arises between You and MumzMart, We strongly encourage You to first contact us directly to seek a resolution by emailing us at admin@mumzmart.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. These Terms are governed by UAE law, and any legal proceedings in respect of the Services shall be brought in the UAE courts, in accordance with UAE Federal Law No. 6 of 2018 on Arbitration.