[Effective as of June 14th, 2016]
By using and placing an order for products through the Leaf.ae website you agree to the terms and conditions set for the below. The Terms and Conditions is a legally binding agreement made between you and Leaf Precious Metals Trading, personally and, if applicable, on behalf of the entity for whom you are using the Website. The Terms and Conditions govern your use of the Website and the products and services we offer on the Website, including making purchases from Leaf.ae, making sales to Leaf.ae, and placing orders with Leaf.ae.
THESE TERMS AND CONDITIONS APPLY TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY TELEPHONE, OR OTHERWISE. YOU MUST READ AND ACCEPT ALL OF THESE TERMS AND CONDITIONS BEFORE PLACING AN ORDER TO PURCHASE AND/OR TO SELL WITH LEAF.AE. LEAF.AE STRONGLY ENCOURAGES YOU TO PRINT A COPY FOR FUTURE REFERENCE.
We may request that you submit certain personally identifiable information about yourself, including, but not limited to your first and last name, company, email address, telephone number, mailing address, billing address, shipping address, country of residence. We may also gather certain types of non-personal information about your visit to protect the security of our members, the Website, or to make our products and services more beneficial to you. All information gathered from you by us will be governed by our Privacy Policy, which is hereby incorporated into these Terms and Conditions, by reference. In the event of a conflict between the terms set forth in these Terms and Conditions and our Privacy Policy, the terms of the Privacy Policy will control.
Please carefully review our Privacy Policy, regarding personal information provided by you, for further information regarding our data collection, use, and disclosure practices.
BY USING THE WEBSITE, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF THIS AGREEMENT AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AND CONDITIONS AT ANY TIME AND YOU AGREE THAT WE MAY CHANGE THE TERMS AT ANY TIME. YOU AGREE FURTHER THAT WE MAY MAKE CHANGES TO THE WEBSITE AT ANY TIME IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE TO YOU. YOU AGREE THAT IF YOU CONTINUE TO USE THE WEBSITE AFTER WE HAVE POSTED A CHANGE TO THESE TERMS AND CONDITIONS, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THESE TERMS AND CONDITIONS.
By purchasing from, making sales to or ordering from Leaf.ae, whether by telephone, through the Website or otherwise, you are subject to all terms, policies, rules, restrictions, obligations, representations, and warranties, with which you hereby agree to comply.
Because this Agreement contains legal obligations, please read them carefully.
1. Purchase, Sales, and Order Policies and Procedures.
You may make purchases, sell to, and order from Leaf.ae only in accordance with these Terms and Conditions and accompanying policies and procedures.
Upon placing an order to purchase or sell with Leaf.ae, you have entered into a binding and legally enforceable agreement. Prices and availability are subject to change, without notice.
When placing an order on the Website, the price at which your order is submitted is the guaranteed price. An “order number” will subsequently be forwarded to you via email. Your credit card information may be required to guarantee all orders. In order to reserve your guaranteed price, your payment must be received by Leaf.ae within three (3) business days for bank wire orders.
A completed order is denoted by our receipt of funds in bank account (wire). In most cases, orders will be denied if payment is completed after the allotted time frame.
If any order is in error, due to our fault or otherwise, we reserve the right to cancel the order.
When selling to Leaf.ae the price is guaranteed. As a general policy, the transaction may not be cancelled but may be offset at our current purchase price. Sales to Leaf.ae must be shipped within one (1) business day and you must contact us via email at hello@leaf.ae to provide a tracking number so that we can confirm that the product is en route. All products must be received by Leaf.ae within five (5) business days, else the customer will be charged any Market Losses as well as a AED 100 administrative fee. If Leaf.ae does not receive the product within five (5) business days but the delay is attributable to the carrier, Leaf.ae may extend the deadline, in its sole and absolute discretion.
Without limiting any other legal or equitable rights and remedies that may be available to Leaf.ae, in the event of any failure by you to comply with these Terms and Conditions, we may suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations as set forth in these Terms and Conditions.
Additional terms, including, without limitation, prices, payment methods, refund and cancellation policies, and exchange policies may be posted from time to time on the Website.
Fraud. We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including, without limitation, information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
YOU MUST GIVE US ALL DOCUMENTS, INFORMATION, AND AUTHORIZATION WE REASONABLY NEED TO PROCESS ANY ORDER YOU MAKE. THIS INCLUDES THE PURPOSES OF ‘KNOW YOUR CUSTOMER’, ANTI-MONEY LAUNDERING AND ANTI-FINANCING TERRORISM REQUIREMENTS AND ANY OTHER LAWS AND REGULATIONS WHICH WE NEED OR AGREE TO KEEP TO. WE MAY REQUEST YOU TO VERIFY YOURSELF PRIOR TO PROCESSING YOUR ORDER BY PROVIDING US WITH YOUR ID/PASSPORT COPY, VALID ADDRESS, CONTACT DETAILS ETC…
2. Payment Options
Leaf.ae requires that all payments be made via credit card, debit card, bank wire, or cash-on-delivery. Depending upon the amount of an order, we reserve the right to request additional documentation for certain credit card orders. Direct bank wire is always recommended. By choosing to pay with a credit or debit card, you expressly authorize Leaf.ae to authorize and capture your credit card payment prior to shipment. This however will be done by a third party payment processor and payment gateway provider Checkout.com
Leaf.ae expressly reserves the right to refuse or cancel any order, for any reason, at its sole discretion, regardless of payment method and price confirmation.
3. Cancellation Policy
Once you have placed an order with Leaf.ae you have entered into a binding legal agreement, and cannot cancel the confirmed order. However, after your confirmed order has been placed, prior to it being shipped, the confirmed Purchase Price may be offset (product sold back to Leaf.ae) at our current Asking Price on the day that we receive your written request for such an offsetting transaction. Credit/debit card orders may not be offset 24+ hours following the time of order creation.
All order offset requests must be made during normal business hours, Sunday-Thursday, 9:00 AM to 5:00 PM GMT +4. Leaf.ae reserves the right, in its sole discretion, to permit cancellation and/or offsetting your order.
Offsetting orders may be approved over telephone, live chat, or email, at which time we shall provide you with a cancellation confirmation and the total Market Losses and fees. Offsetting orders are subject to our market loss policy, described below. As applicable, the difference between the Purchase Price and the Asking Price will determine the fee.
For cancelled/offsetting orders, the difference between the Purchase Price and the Asking Price will be charged.
After Leaf.ae has shipped the product, the order is final and cannot be canceled. If you refuse shipment the product will be returned to us and you can either pay to have it reshipped or accept Market Loss fees upon return.
Leaf.ae reserves the right to refuse or cancel an order for any reason or for no reason at all, regardless of payment method or price confirmation, including without limitation, for orders Leaf.ae deems questionable or suspicious, for orders Leaf.ae deems to be a significant risk, when the confirmed price is incorrect, for abrupt movements in the precious metals market, and/or when Leaf.ae does not receive payment within the allotted timeframe.
Leaf.ae is not responsible for pricing or typographical errors and expressly reserves the right, in its sole and absolute discretion, to cancel any and all orders placed with respect to such items. In the event of a cancelled order Leaf.ae will contact you directly with notification of the cancellation.
4. Return Policy
We do not accept or process any returns. Once the order is confirmed, you will not be able to return the purchased product, hence please carefully research before placing an order. In the event if the product is defected, broken or completely different from what you have ordered, you shall get in touch with us via email.
5. Market Loss Policy
Upon issuance of an order number following a purchase from Leaf.ae, the price is guaranteed and you may not cancel the transaction. The transaction may only be offset at Leaf.ae’s current asking price. If your item is cancelled, you are responsible for any deficit between the price at which Leaf.ae sold the item to you and the offsetting purchase price. As set forth above, all cancellations are subject to our market loss policy. Market gains on cancellations or returns shall remain the property of Leaf.ae.
6. Shipment
Although most orders are shipped within one business day, in extreme circumstances shipment may take up to ten (10) days from completed payment. Applicable taxes, as well as shipping and handling charges are not reflected. You are fully responsible for applicable taxes, and shipping and handling charges. Each package requires a signature upon delivery.
However, we will not accept responsibility if you have left instructions with any carriers or delivery service to leave parcels unattended for you without the need for a signature or if you have given them instructions to leave your package with a third party. When we ship to you, if metals are lost or damaged in transit, Leaf.ae assumes responsibility to pursue any claim with the insurance company. If we determine the package is lost or damaged, we will file a claim. Once the claim is filed, we reserve the right to re-ship your items or refund your money at our discretion.
Please note that Leaf.ae will not be responsible for reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability and insurance ceases the moment the package is signed for or left at the specified delivery address. Any issues or problems with a shipment MUST be reported within 2 business days, else Leaf.ae may have to refute any claims.
We contract locally available courier services to deliver your orders across the United Arab Emirates. Currently, we do not ship outside of the United Arab Emirates.
7. Termination
Either Leaf.ae or you may terminate these Terms and Conditions, for any reason, including convenience, with or without cause, at any time by written notice to the other party. The termination of these Terms and Conditions shall not affect the rights and the obligations of Leaf.ae or you with respect to the period prior to the date of termination.
8. Disclaimers, Exclusions and Limitations
CAUTION: All investments, including coins and bullion, involve some degree of risk and are affected by numerous economic factors, all of which are beyond the control of Leaf.ae. You, and not Leaf.ae, are responsible for such risk, including, without limitation, market volatility and inability to liquidate the products at an acceptable price, or at all. Consult your investment or financial advisor prior to purchasing/selling and fully assess whether you possess adequate savings and income prior to considering such an investment. You represent and warrant to Leaf.ae that you have sufficient experience and knowledge to make informed financial decisions and that Leaf.ae is not making any recommendation with respect to such purchases and/or such sales.
9. Disclaimer of Warranties
LEAF.AE PROVIDES THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. LEAF.AE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. LEAF.AE MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS AND CONDITIONS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT
Disclaimer of Forward Looking Statements. THIS WEBSITE MAY CONTAIN FORWARD LOOKING STATEMENTS THAT REFLECT LEAF.AE’S CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, MOST, IF NOT ALL OF WHICH, ARE OUTSIDE OF LEAF.AE’S CONTROL.
PLEASE REMEMBER TO ALWAYS CONSULT WITH YOUR INVESTMENT AND FINANCIAL ADVISOR PRIOR TO PURCHASING.
Products. ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LEAF.AE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the disclaimers herein may not apply to you insofar as they relate to implied warranties.
10. Limitation of Liability
LEAF.AE SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ORDER PLACED VIA THE LEAF.AE ONLINE ORDER ENTRY SYSTEM, FOR ANY LOSSES OR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT YOU MAY INCUR AS A RESULT OF THE USE OF THE LEAF.AE ONLINE ORDER ENTRY SYSEM, THE WEBSITE, AND/OR RELATED PRODUCTS/SERVICES. LEAF.AE SHALL NOT BE RESPONSIBLE FOR ERRORS, NEGLIGENCE, OR INABILITY TO EXECUTE ORDERS. FURTHER, LEAF.AE SHALL NOT BE RESPONSIBLE FOR ANY DELAYS IN THE TRANSMISSION, DELIVERY, OR EXECUTION OF YOUR ORDERS DUE TO BREAKDOWN OR FAILURE OF TRANSMISSION OR COMMUNICATION FACILITIES, OR FOR ANY OTHER CAUSES BEYOND LEAF.AE’S REASONABLE CONTROL. LEAF.AE SPECIFICALLY DISCLAIMS ANY LIABILITY FOR THE INTERRUPTION, CANCELLATION, OR OTHER TERMINATION OF THE LEAF.AE ONLINE ORDER ENTRY SYSTEM.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
11. Indemnity and Release
You agree to defend, indemnify and hold Leaf.ae and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners harmless from any and all claims and expenses, liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, made by any third-party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the products and/or services, (b) your use, purchase, and/or sale of the products and/or services, (c) your connection to the products and/or services, (d) your violation of these Terms and Conditions, (e) your violation of any rights of another, (f) your breach of any representation or warranty made by you to Leaf.ae, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, Leaf.ae may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim without Leaf.ae’s consent.
You are hereby agreeing to release the Leaf.ae and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to, without limitation, such disputes and/or to the Website and related products and services.
12. Relationship
The sole relationship between you and Leaf.ae is that of purchaser-seller. No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship exists.
13. No Waiver
Upon your failure to comply with your duties and obligations to Leaf.ae, the latter reserves all rights and remedies available at law or in equity. No delay or failure on the part of Leaf.ae in exercising any right or any remedy shall operate or be construed as a waiver of that right or that remedy. In addition, no partial exercise by Leaf.ae of any right or any remedy shall preclude the further exercise of that right or that remedy or the exercise of any other right or any other remedy.
14. No Assignment
You may not assign these Terms and Conditions, including your related rights and/or obligations, without express prior written consent of Leaf.ae. Such consent may be granted or withheld by Leaf.ae at its sole and absolute discretion. These Terms and Conditions shall be binding upon and inure to the benefit any/all permitted assignees and successors of you and Leaf.ae.
15. Force Majeure
You acknowledge and understand that if Leaf.ae and/or the Website are unable to provide the products and/or services as a result of a force majeure event, Leaf.ae and/or the Website will not be in breach of any of its obligations towards you under these Terms and Conditions. A force majeure event means any event beyond the control of Leaf.ae and/or the Website. LEAF.AE SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
16. Website Use and Restrictions
Except as expressly provided below, the purchase and/or sale of related products/services may only be consummated by, and is expressly limited to, individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from utilizing the Website and/or related services.
You must comply with all of the terms set forth in these Terms and Conditions, the policies referred to herein, and all applicable laws, rules and regulations when you use the Website.
Subject to these Terms and Conditions, you are hereby granted a limited, non-exclusive right to use the content and materials on the Website in the normal course of your use of the Website. You may not use any third-party intellectual property without the express written permission of the applicable third-party, except as permitted by law. The Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of these Terms and Conditions or otherwise, except as expressly set forth in these Terms and Conditions. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in these Terms and Conditions. You may not attempt to reverse engineer any of the technology used to provide the products and/or services.
In your use of the Website and the products and/or services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the products and/or services, the Website or any websites linked to the Website; (iii) interfere with or damage the Website or products and/or services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the products and/or services; (viii) use any meta tags or any other “hidden text” utilizing the Leaf.ae name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website or products and/or services; or (xi) assist any third party in engaging in any activity prohibited by these Terms and Conditions.
17. Privacy
Use of this Website is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms and Conditions. Please carefully review our Privacy Policy. By using this Website, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of this Website, account registration, and any other personal information provided by you in accordance with our Privacy Policy.
Copyright © 2016 Leaf Precious Metals Trading