1. Definitions and Interpretation

In these Terms and Conditions, the following terms shall have the meanings set out below:

• "Agreement" means these Terms and Conditions together with any order confirmation, invoice, or other documents incorporated by reference.
• "Business Day" means any day other than Friday, Saturday, or a public holiday in the United Arab Emirates.
• "Customer" means any individual or legal entity that accesses the Website or purchases Products from Excel Kitchen LLC.
• "Products" means the commercial kitchen equipment, parts, accessories, and related items offered for sale on the Website.
• "UAE" means the United Arab Emirates.
• "Website" means https://excelkitchen.com and all associated subdomains.

2. Business Information and Contact Details

Excel Kitchen LLC is a company registered in the United Arab Emirates. Our business contact information is as follows:

• Company Name: Excel Kitchen LLC
• Registered Address: Warehouse No. 8 Amman St - Al Qusais Ind. Third -Dubai, United Arab Emirates
• Email: [email protected]
• Phone: +971 4 267 9180

Our website is hosted and operated from the United Arab Emirates. The United Arab Emirates is our country of domicile [citation:3].

3. Eligibility and Account Registration

3.1 By using our Website and purchasing Products from us, you represent and warrant that:

• You are at least 18 years of age and have the legal capacity to enter into binding contracts;
• If you are acting on behalf of a business entity, you are authorized to bind that entity to these Terms; and
• All information you provide to us is accurate, complete, and current [citation:3].

3.2 To place orders through our Website, you may be required to register for an account. You are responsible for:

• Maintaining the confidentiality of your account login credentials;
• All activities that occur under your account; and
• Immediately notifying us of any unauthorized use of your account [citation:6].

3.3 We reserve the right to refuse registration, suspend, or terminate any account at our sole discretion without prior notice [citation:6].

4. Product Information and Accuracy

4.1 We strive to ensure that all product descriptions, images, specifications, and prices displayed on our Website are accurate and complete. However, we do not warrant that all information is error-free, current, or complete [citation:1].

4.2 Product images are for illustrative purposes only. Actual products may vary slightly from the images shown.

4.3 We reserve the right to:

• Correct any errors, inaccuracies, or omissions at any time without prior notice;
• Update product information, including prices and specifications;
• Discontinue any product at any time; and
• Refuse or cancel any order, even after order confirmation, if product information is found to be inaccurate [citation:1].

4.4 Any models, pictures, drawings, or measurements provided in product descriptions are for general representation only. Changes to product images do not entitle the Customer to compensation or the right to withhold payment [citation:2].

5. Orders and Acceptance

5.1 Placing an order on our Website constitutes an offer to purchase Products. Order confirmation emails are automated and do not constitute acceptance of your order [citation:1].

5.2 A binding contract is formed only when:

• We send you an order acceptance confirmation; or
• We dispatch the Products to you [citation:3].

5.3 We reserve the right to refuse or cancel any order for any reason, including but not limited to:

• Product unavailability;
• Pricing errors;
• Suspected fraudulent activity;
• Failure to verify payment information; or
• Violation of these Terms [citation:1][citation:10].

5.4 If we cancel your order after payment has been processed, we will issue a full refund using the original payment method.

6. Pricing and Payment Terms

6.1 All prices displayed on our Website are in United Arab Emirates Dirhams (AED) unless otherwise specified.

6.2 Prices exclude:

• Value Added Tax (VAT) as applicable under UAE law;
• Shipping and delivery charges; and
• Any other applicable taxes or duties [citation:10].

6.3 We accept the following payment methods:

• Credit cards (Visa and MasterCard);
• Debit cards;
• Bank transfer; and
• Cash on delivery (for eligible orders within the UAE) [citation:1][citation:3].

6.4 For commercial orders, custom equipment, or large-volume purchases, we may require:

• A deposit of up to 75% upon order confirmation; and
• The remaining balance prior to delivery or collection [citation:2].

6.5 Full payment must be received before Products are shipped, unless otherwise agreed in writing [citation:1][citation:10].

6.6 If you fail to make payment when due, we reserve the right to:

• Suspend or cancel your order;
• Charge interest on overdue amounts at the rate of 5% per annum above the UAE Central Bank's base rate; and
• Recover any collection costs incurred [citation:2].

6.7 All goods remain the property of Excel Kitchen LLC until full payment has been received. We reserve the right to reclaim installed equipment equal to the value of any outstanding balance [citation:2].

7. Shipping and Delivery

7.1 We ship to addresses within the United Arab Emirates and select international locations. Shipping costs will be calculated and displayed at checkout [citation:1].

7.2 Delivery timeframes:

• Orders are typically dispatched within 2-5 business days after payment confirmation;
• Domestic delivery within the UAE typically takes 2-7 business days after dispatch;
• International delivery times vary by destination and shipping method selected [citation:1].

7.3 For custom equipment or large orders, delivery lead times will be agreed between both parties at the time of order confirmation [citation:2].

7.4 We are not responsible for delays caused by:

• Customs clearance (for international shipments);
• Incorrect shipping information provided by the Customer;
• Force majeure events; or
• Acts or omissions of third-party carriers [citation:1].

7.5 If you are unable to receive delivery within the agreed timeframe, storage fees of up to AED 500 per day may apply [citation:2].

7.6 Risk of loss or damage to Products passes to the Customer upon delivery to the specified delivery address or upon collection by the Customer [citation:10].

8. Returns, Refunds, and Exchanges

8.1 In accordance with UAE Federal Law No. (15) of 2020 on Consumer Protection, Customers may return Products within 15 calendar days from the date of delivery under the following conditions [citation:5]:

• The Product is unused, undamaged, and returned in its original packaging;
• The Product is defective, faulty, damaged during delivery, or not as described; and
• A valid proof of purchase (invoice or receipt) is presented [citation:5].

8.2 The following items are non-returnable and non-refundable [citation:5]:

• Customized or made-to-order products;
• Final sale or clearance items;
• Products damaged after delivery due to misuse or improper installation; and
• Products that have been used or installed [citation:5].

8.3 To initiate a return, please contact us at [email protected] with:

• Your full name and contact information;
• Order number and date of purchase;
• A detailed description of the issue; and
• Supporting images (for damaged or defective items) [citation:5].

8.4 Upon receipt and inspection of returned items, refunds will be processed within 7 business days. Refunds will be issued using the original payment method. For Cash on Delivery (COD) orders, refunds will be processed via bank transfer or store credit [citation:5].

8.5 Shipping and handling charges are non-refundable, except in cases where the return is due to our error or product defect [citation:5].

9. Warranty

9.1 All Products sold by Excel Kitchen LLC come with a manufacturer's warranty. The warranty duration and coverage vary by product and brand. Specific warranty details are provided in each product description on our Website [citation:1].

9.2 The warranty generally covers manufacturing defects and malfunctions under normal use but does not cover:

• Damage caused by improper installation, misuse, or negligence;
• Normal wear and tear;
• Damage from unauthorized repairs or modifications;
• Damage from electrical surges, improper voltage, or inadequate maintenance; or
• Consumable parts and accessories [citation:5].

9.3 For warranty claims, contact us at [email protected] with proof of purchase and a description of the issue. We will guide you through the warranty claim process [citation:1].

9.4 To the maximum extent permitted by applicable law, all implied warranties are disclaimed [citation:6].

10. Title and Risk of Loss

10.1 Ownership (title) of Products passes to the Customer upon the later of:

• Full payment of the purchase price; or
• Delivery or collection of the Products [citation:10].

10.2 Until full payment is received, Excel Kitchen LLC retains title to all Products. Products under retention of title may not be pledged as collateral or otherwise disposed of for the benefit of third parties [citation:10].

10.3 Risk of loss or damage to Products passes to the Customer upon delivery to the specified delivery address or upon collection by the Customer [citation:10].

10.4 Customers must promptly upon delivery verify the quantity and quality of Products and inform us of any deficiencies within 3 working days from the date of delivery. After this period, no claims for visible deficiencies will be accepted [citation:10].

11. Limitation of Liability

11.1 To the maximum extent permitted by applicable law, Excel Kitchen LLC's total liability for any claim arising out of or relating to these Terms or your purchase of Products shall be limited to the purchase price of the Product giving rise to the claim [citation:1][citation:6].

11.2 In no event shall Excel Kitchen LLC be liable for:

• Any indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenue, data, or business opportunities;
• Business interruption; or
• Loss of goodwill or reputation [citation:6].

11.3 Nothing in these Terms shall limit or exclude liability for:

• Fraud or fraudulent misrepresentation;
• Death or personal injury caused by negligence; or
• Any other liability that cannot be limited or excluded under applicable UAE law [citation:6].

12. Intellectual Property

12.1 All content on our Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Excel Kitchen LLC or its content suppliers and is protected by UAE and international copyright laws [citation:6][citation:10].

12.2 You may not reproduce, distribute, modify, create derivative works of, publicly display, or in any way exploit any of the content on our Website without our prior written consent [citation:10].

12.3 All trademarks, service marks, and trade names appearing on our Website are the property of their respective owners [citation:6].

13. User Conduct and Prohibited Activities

When using our Website, you agree not to [citation:6]:

• Violate any applicable laws or regulations;
• Infringe upon the intellectual property rights of others;
• Post false, inaccurate, misleading, or deceptive content;
• Distribute viruses, malware, or any other technologies that may harm our Website or users;
• Attempt to gain unauthorized access to any portion of our Website;
• Harvest or collect information about other users without their consent;
• Interfere with the proper functioning of our Website; or
• Use our Website for any unlawful purpose.

14. Privacy and Data Protection

14.1 Your privacy is important to us. Our collection, use, and disclosure of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference.

14.2 We comply with UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data. By using our Website, you consent to the processing of your personal data as described in our Privacy Policy [citation:8].

14.3 For commercial customers, we may share your information with our parent company, subsidiaries, or affiliates for marketing and operational purposes. You have the right to object to such processing [citation:10].

15. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from circumstances beyond its reasonable control, including but not limited to [citation:10]:

• Acts of God, natural disasters, or extreme weather conditions;
• War, hostilities, terrorism, or civil unrest;
• Pandemics, epidemics, or public health emergencies;
• Government actions, sanctions, or embargoes;
• Labor strikes or industrial disputes;
• Supplier delays or supply chain disruptions; or
• Breakdown of essential transportation or communication systems.

16. Termination and Suspension

16.1 We reserve the right to suspend or terminate your access to our Website or your account at any time, without prior notice, for any reason, including but not limited to [citation:6]:

• Violation of these Terms;
• Fraudulent or illegal activity;
• Non-payment of amounts due;
• Request by law enforcement or government agency; or
• Technical or security issues.

16.2 Upon termination, your right to use our Website will immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, warranty disclaimers, and limitation of liability.

16.3 Accounts inactive for more than one year may be deactivated and deleted [citation:10].

17. Governing Law and Dispute Resolution

17.1 These Terms, your use of our Website, and any purchases made through it shall be governed by and construed in accordance with the laws of the United Arab Emirates, without regard to any conflict of law principles [citation:1][citation:3][citation:8].

17.2 Any dispute, controversy, or claim arising out of or in connection with these Terms shall first be attempted to be resolved through good faith negotiations between the parties.

17.3 If the dispute cannot be resolved within 30 days, it shall be submitted to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates [citation:1].

17.4 For consumer protection matters, customers may contact the UAE Ministry of Economy – Consumer Protection Department for assistance [citation:5].

18. Modifications to Terms

18.1 We reserve the right to modify these Terms at any time without prior notice. Changes will be effective immediately upon posting to our Website [citation:1][citation:10].

18.2 Your continued use of our Website after any changes constitutes your acceptance of the modified Terms.

18.3 We encourage you to review these Terms periodically for any updates or changes. The "Last Updated" date at the top of this page indicates when these Terms were last revised.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy and any order confirmations or invoices, constitute the entire agreement between you and Excel Kitchen LLC regarding your use of our Website and purchase of Products, superseding any prior agreements or understandings, whether written or oral.

21. Contact Information

If you have any questions about these Terms, please contact us:

• By Email: [email protected]
• By Phone: +971 4 267 9180
• By Mail: Excel Kitchen LLC, Warehouse No. 8 Amman St - Al Qusais Ind. Third - Dubai