Welcome to Tornado.com, this website ( the “Website” ) is provide by Time House Trading LLC (“We” or “US”) as a service to our customers.
Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.
All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
General use of Services and/or access of Platform
Username/Password: Certain Services that may be made available on the Platform may require creation of an account with “Seller” or for you to provide Personal Data. If you request to create an account with “Seller”, a Username and Password may either be: (i) determined and issued to you by “Seller” or (ii) provided by you and accepted by “Seller” at their sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. “Seller” may at any time in their sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. You should notify “Seller” immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating.
Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:
•(1) access to the relevant Platform and/or use of the Services by you; or
•(2) information, data or communications posted, transmitted and validly issued by you.
You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorized by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify “Seller” against any and all Losses attributable to any use of any Services and/or or access to the Platform referable to your Username and Password
Terms & Conditions of Sale
1.ACKNOWLEDGMENT OF ORDER
Once you have placed your order through the Website, you will receive an Acknowledgment of Order via an email that will mention the details of your order. This acknowledgement is not an acceptance of your order. Following the transmission of the Acknowledgment of Order, “Seller” will conduct its usual security and anti-fraud checks before processing your order. Please carefully review these Conditions of Sale upon receipt.
2. Purchase of Products
2.1 Your compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform..
2.2 Product description: While the “Seller” endeavors to provide an accurate description of the Products, Seller does not warrant that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Clause 6 of these Terms & Conditions of Sale shall apply.
2.3 Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the “Submit “Order button. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.
2.4 Cancelling Order:
You have the right to cancel your order within twenty-four hours from the time of your order (“Cooling Off Period”). The cancellation must be communicated to “seller” in writing within the Cooling Off Period. Upon the expiration of the Cooling Off Period, all Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you.. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to cancel or amend any Order. The details regarding the cancellation process and policy of “seller” can be accessed here.
2.5 Seller’s reservation of rights in respect of Orders:
All Orders shall be subject to Seller’s acceptance in its sole discretion and each Order accepted by Seller (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from Seller confirming your Order, Seller shall not be party to any legally binding agreements or promises made between Seller and you for the sale or other dealings with the Product(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.
2.6 Termination by Seller in the event of pricing error:
Seller reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Platform, in which event Seller will notify you of such cancellation by giving three days’ notice. Seller shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you. Upon termination of the Customer Contract under this clause, the Seller shall refund the payment charged to you for the Product.
2.7 Product Warranty:
The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract can be accessed under “Warranty Policy” stated by Seller via the Platform and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied.
2.8 Customer’s acknowledgement:
You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by the Seller. You also acknowledge and agree that to the extent allowed under UAE law, the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks between the parties and permit Seller to provide the Products at lower fees or prices than Seller otherwise could and you agree that such exclusions on liability are reasonable.
2.9 No representations or warranties:
Without prejudice to the generality of the foregoing Clause the extent normally allowed under UAE law are:
•2.9.1 no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Seller;
•2.9.2 any actions arising from the breach of any warranty or representation, or any right to damages, whether express or implied, shall be extinguished if an action is not brought against “supplier” within six months from the date of delivery, or from the scheduled delivery of the Product.
•2.9.3 “Supplier” shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, intangible losses, and any other type of damages caused by any breach of a Third Party Vendor’s implied or express warranty on the Products;
•2.9.4 for products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements;
•2.9.5 Seller is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without “Seller’s” prior written approval and the Customer shall indemnify Seller against all Losses arising out of such claims;
•2.9.6 Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment; and
•2.9.7 Seller shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any.
2.10 Intellectual Property:
•2.10.1 Unless the prior written consent of “Seller” has been obtained, the Customer shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products.
•2.10.2 Where software applications, drivers or other computer programs and/or all other design details, technical handbooks or manuals, drawing or other data (all collectively referred to as “Product Materials”) are supplied to the Customer by Seller in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of license or use (such as end-user licenses, restrictions or conditions of use) as may be prescribed by Seller or its licensors and must not be used other than strictly in accordance with such terms and conditions.
•2.10.3 The Customer agrees and acknowledges that the Product Materials shall remain the property of Seller or its licensors. The Customer further agrees that any and all Intellectual Property embodied in or relating to the Product Materials shall remain the sole and exclusive property of Seller or its licensors. Unless otherwise expressly provided in the Order or the prior written consent of “Seller” has been obtained, the Customer undertakes to return the Product Materials and/or any copies thereof upon “Seller’s” request.
3. Delivery of Products
3.1 Address: Delivery of the Products shall be made to the address you specify in your Order by Seller
3.2 Shipping & packing charges: Shipping and packing charges shall be as set out in the Order.
3.3 Tracking: You may track the status of the delivery at the “Order Tracking” page of the Platform.
3.4 Delivery timeframe: You acknowledge that delivery of the Products is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed Seller will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to Seller. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused.
3.5 Deemed receipt: In the event you do not receive the Product by the projected delivery date and provided that you inform the “Seller” within 3 days immediately from such projected delivery date, Seller will try, to the best of Seller’s ability, to locate and deliver the Product. If “Seller” does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the Product subject to your rights under UAE law.
3.6 Customer’s failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Seller, Seller may terminate the Customer Contract.
4. Prices of Products
4.1 Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Seller (through the Platform).
4.2 Taxes: All Listing Prices may be subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
5.1 General: You may pay for the Product using any of the payment methods prescribed by the “Seller” from time to time. When you place an Order, actual payment will be only charged upon Seller’s acceptance of your Order and formation of a Customer Contract. All payments shall be made to the “Seller”.
5.2 Additional terms: The payment methods may be subject to additional terms as prescribed by “Seller” from time to time.
5.3 Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents for any failure, disruption or error in connection with your chosen payment method. “Seller” reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
5.4 Invoicing: Seller may invoice you upon the due date of any payment under a Customer Contract.
5.5 Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.
5.6 Refund of Payment:
•5.6.1 All refunds shall be made via the original payment mechanism and to the person who made the original payment, except for Cash on Delivery, where refunds will be made via bank transfer or store credit into the individual’s bank account provided that complete and accurate bank account details are provided to us.
•5.6.2 Seller offers no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
•5.6.3 All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by the “Seller”.
•5.6.4All refunds are conditional upon our acceptance of a valid return of the Product.
•5.6.5 “Seller” reserves the right to modify the mechanism of processing refunds at any time without notice.
•5.6.6. The guidelines regarding the refunds process of “Seller “ can be accessed here.
•5.6.7. Refunds will be done only through the Original Mode of Payment.
6.1 Return Policy: All returns must be done in accordance with the instructions set out in the Return Policy here. Seller is not obliged to agree to any return unless all such instructions are followed to Seller’s satisfaction. Should Seller agree to the return, Seller will deliver the replacement Product to your specified address?
6.2 Permitted returns: Subject to Clause 6.1, within 7 days for items covered under Satisfaction Guaranteed, and 3 days for items covered under 100% Buyer Protection, from the date of delivery of the Product, you may return a Product when you:
•6.2.1 receive a product that is fundamentally different in nature from the Product specified in the Customer Contract;
•6.2.2 receive a faulty or damaged Product;
•6.2.3 receive a product that is not as advertised on the platform;
•6.2.4 wrong item is delivered;
•6.2.5 receive a product that has missing parts/items;
6.3 Repair, replacement or price reduction: As an alternative to returning faulty or damaged Products under Clause 6.2, a Customer may request for a repair or replacement of such Products. Such request shall be irrevocable upon notification of the request to the “Seller” and the Customer may not later elect for a return under Clause 6.2. Where the Products have not been repaired or replaced within a reasonable time, “Seller” may, at its sole discretion, grant to the Customer a reduction of the price in proportion to the reduced value of the Products, provided that under no circumstance shall such reduction exceed 15 per cent. (15%) of the price of the affected Products. Upon repair, replacement or price reduction being made as aforesaid, the Customer shall have no further claim against Seller.
6.4 Replacement Products: When “Seller” has provided replacement Products or given the Customer a refund, the non-conforming Products or parts thereof shall become Seller’s property and upon request such Products or parts thereof should be shipped back to Seller.
6.5 Risk of damage or loss: Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery, or if the Customer wrongfully fails to take delivery of the Products, the time when Seller has tendered delivery of the Products.
6.6 In cases where the customer refuses to take possession of the product without sufficient cause or justification, or returns the item without sufficient cause or justification, as provided under Clause 6, “Seller” will safely keep the item for a period of fifteen (15) days, reckoned from the date “Seller”receives the product from customer. After the lapse of such period, the product or item is deemed abandoned by customer, and r Seller may dispose of the product or item. Notwithstanding the foregoing, “Seller” will use its best efforts to return the product to the Customer within the time frame provided.
7.PROMOTIONAL CODES AND STORE CREDIT
7.1 Promotional codes may be issued by us from time to time during certain promotions. Store credits are issued in exchange for returned items.
7.2 These codes and store credits maybe used as payments for items purchased on the Site.
7.3 You may check the total value of your store credits by going to “My Account” on the Site.
7.4 Seller may email promotional codes to you.
7.5However, “Seller” accepts no liability for errors in the email address of the voucher recipient. “Seller” also assumes no liability for the loss, theft or ineligibility of promotional codes.
7.6 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a code purchase or redemption of that code on the Site,”Seller” are entitled to close your Account and/or require a different means of payment.
7.7 Conditions for the redemption of promotional codes
a)Promotional code are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other promotional offers. Individual brands may be excluded from certain voucher promotions;
b)If you place an Order for a Product less than the value of the promotional code value, no refund or residual credit will be returned to you;
c )The credit of a promotional offers does not accrue interest nor does it have a cash value;
d) If the credit from your code is insufficient for the Order you wish to make, you may make up the difference through payment.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and ‘Seller” and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and “Seller” (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the UAE law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the UAE.
United Arab of Emirates is our country of domicile.
Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.
If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
The cardholder must retain a copy of transaction records and Merchant policies and rules.