GENERAL TERMS AND CONDITIONS

Part 2 - Last updated: 10-06-21

This is Part 2 of SAFIR’S General Terms and Conditions which has to be accepted by
the Customer after registering for SAFIR portal and before access of the portal to
use it accordingly. It is expressively mentioned that the Customer has read,
understood, and accepted Part 1 of SAFIR’s General Terms and Conditions and that
this Part 2 is an integrative extension of Part 1 for the extensive use of SAFIR’S
Services. Therefore, the following terms and conditions apply to the Customer in
addition to Part 1.

7. SAFIR Portal
7.1. To use all Services and to submit a buy-order the Customer has to register
and create a Customer account at Safir portal through https://safir.com. The
Customer must provide SAFIR with correct and updated Information as requested
in SAFIR portal.
7.2. When the Customer submits a buy-order by using the Services, it authorizes
SAFIR to execute a transaction in accordance with the product and price (including
SAFIR fees) of such order.
7.3. Any buy-order is considered to be an offer made herein by the Customer and
hence is neither final nor accepted by SAFIR. The Service enables the Customer
to submit their legitimate offer for products. Once the Customer submits a buy-
order, SAFIR will send a non-binding buy-order confirmation to the Customer.

8. Prices, Payment and Retention

8.1. The price that is published at the time of the order confirmation applies. Any
price changes that occurred after the order are not taken into account. However,
SAFIR reserves the right to change the price of products sold through its Services
at its sole discretion.
8.2. All prices published on the website https://safir.com and its portal doesn’t
include VAT (value added tax). Supplementary costs (e.g. shipping costs,
packaging costs, surcharges for certain means of payment, transport guarantee /
insurance, services) are not included in the price and can also be subject to
changes, errors and misprints. SAFIR reserve the right to adjust any other charges
or surcharges on individual payment type.
8.3. When purchasing with debit and credit cards, the debit is made at the time of
the order. The data of payments via credit and debit cards are encrypted. When
purchasing in advance, the order is only triggered as soon as the corresponding
payment has been received by SAFIR. The requested items cannot be reserved
during this time. If payment has not been received by SAFIR within 10 days,
SAFIR is entitled to cancel the order.
8.4. In case of transactions involving digital currency, the Customer must be the
beneficial owner of the digital currency, the sending address or the destination
address for each transaction. The given addresses shall not be associated with
terrorism, fraud, scam or any type of illegal activity. SAFIR does not provide
custodial services, meaning that digital currencies are not stored as part of
Customer transactions.
8.5. The Customer agrees to pay the fees for transactions completed through
Services as defined by SAFIR, which may change from time to time. The Customer
is solely responsible for any applicable taxes which may be payable for using
SAFIR Services or for buying any product through using the Services.
8.6. The goods delivered by SAFIR remain in any case the property of SAFIR until
the entire purchase amount (including all surcharges) has been received by
SAFIR.
8.7. SAFIR reserves the right to have the property registered in the respective
retention register or another register provided for the retention of product.
8.8. The Customer agrees to bear the risks associated with IT systems, such as the
failure of hardware, software and Internet connections or with the Blockchain
Protocol, such as any malfunction, unintended function, unexpected functioning
of or attack on the Blockchain protocol. The Customer confirms that it recognizes
the significant market and legal uncertainty regarding the usage of Services (e.g.
transactions in Bitcoin and Cryptocurrencies) and hence shall bear all the risks,
costs and consequences involved herein.
8.9. Notwithstanding the foregoing, SAFIR has the right to accept, refuse to
process, to cancel or to reverse any buy-order from the Customer at its sole
discretion.

9. Shipment and Delivery

9.1. There is no entitlement to pick up the goods at any storage or SAFIR office
addresses.
9.2. For all goods to be shipped, the Customer ensures that the address provided
during the order or registration process is accurate and the Customer covers the
cost and risk associated with shipping to that given address. The Customer must
confirm and acknowledge the correctness, authenticity and legality of all the
transaction details and will be held responsible for the same. If changes to the
business address are not notified promptly, any explanatory information sent by
SAFIR by post to the last known address will still be considered to have been
received by the Customer.
9.3. Physical products will be delivered to the delivery address specified by the
Customer, depending on availability. Physical products which remain with the
manufacturer using the so called “housing” option, are maintained and serviced
by the manufacturer on behalf of the Customer. If the Customer decides to get
 the housing product delivered, all associated additional costs are to be borne by
the Customer, as this changes his original purchase decision.
9.4. Proof of Shipment is online or physical documentation from a shipping
company that includes all of the following: The date the item is shipped AND the
recipient's address, showing at least the city/state or postal code (or international
equivalent).
9.5. Proof of Delivery (for tangible items) is online documentation from a shipping
company that includes all of the following: The date the item is delivered AND the
recipient's address, showing at least the city/state or postal code (or international
equivalent).
9.6. The Customer confirms to check the delivered goods immediately for
correctness, completeness, and integrity. Damage to the delivered goods must be
reported to the executing transport company and SAFIR as soon as possible, but
no later than 1 calendar day after delivery.

10. Return, Warranty and Repair

10.1. In the event of complaints, all parts of the original packaging must be kept.
These may only be disposed of with the written consent of the transport company
or SAFIR (with sufficient transaction proofs as mentioned in this Agreement).
10.2. The Customer has no general right of return and exchange. In the event of
any return or exchange request the decision is exclusively on SAFIR.
10.3. If a return or exchange request is granted, SAFIR will request the Customer to
send the product at its own cost and risk with all accessories in the original
packaging to SAFIR and will reverse the transaction after receiving the product or
will send the Customer a replacement product in exchange. The Customer agree
to indemnify SAFIR against any losses that may incur because of providing a
wrong or inaccessible address.
10.4. SAFIR is not the manufacturer of the products sold through its Services. While
SAFIR works to ensure that product information on its portal is correct, actual
product packaging and materials may contain more and different information to
that displayed on SAFIR portal. All information about products on SAFIR portal
are provided for information purposes only. SAFIR recommends that the Customer
should not rely solely on the information presented on SAFIR portal. SAFIR also
recommends to read labels, warnings and manuals provided with products
purchased through SAFIR Services before using it. SAFIR is shall not be held
responsible for any warranty claims of products sold through the SAFIR portal or
Services. Any warranty claims shall be addressed towards with the manufacturer
of the product.

11. Liability
11.1. The Customer hereby agrees to indemnify SAFIR against any losses that incur
during shipping or after delivery of products, claims for damages arising from the
 impossibility of performance, from breach of contract, from fault at the conclusion
of the contract and from unlawful acts, unless there is willful action.
11.2. The liability of SAFIR for indirect damage and consequential damage (including
loss of goodwill, loss of profit, loss of any contract, loss of opportunity, loss of
anticipated profits or revenue or costs of capital) resulting from Customer’s use,
incorrect performance or loss of performance is excluded.
11.3. To the extent allowable pursuant of applicable law, the Customer shall
indemnify, defend, and hold SAFIR and/or its subsidiaries, affiliates, directors,
officers, employees, agents, successors, and permitted assignees harmless from
and against all claims, damages, losses, suits, actions, demands, proceedings,
expenses, and/or liabilities (including but not limited to reasonable attorneys’ fees
incurred and/or those necessary to successfully establish the right to
indemnification) filed/incurred by any third party against the Customer, arising
out of a breach of any warranty, representation, or obligation hereunder.
11.4. Force Majeure: A party is not liable for failure to perform the party’s obligations
if such failure is as a result of force majeure including fire, flood, earthquake,
storm, hurricane or other natural disaster, pandemics, war, invasion, act of
foreign enemies, hostilities regardless of whether war is declared civil war,
rebellion, revolution, insurrection, military or usurped power or confiscation,
terrorist activities, nationalization, government sanction, or government
prohibition or regulation preventing the manufacture, sale, import, export,
possession or use of devices.
11.5. Nothing in this Agreement, expressed or implied, is intended to confer upon
any third party any rights, remedies, obligations, or liabilities under or by reason
of this Agreement.
11.6. SAFIR focuses on direct sale to Customers and prohibits sales by professional
and institutional resellers. Sales by resellers refer to the Customers who resell
products purchased through SAFIR Services to their direct Customers on its own
invoice. If SAFIR acknowledges that the Customer resells products purchased
through SAFIR Services, SAFIR reserves the right to prohibit the use of SAFIR
Services including the submission of buy-orders and product purchases and may
permanently close the given Customer account. Marketing and promotional
activities using SAFIR promotion links are allowed and not considered to be resale.

12. Requests and Disputes

12.1. Any request should be submitted by using SAFIR’S contact form given in SAFIR
portal and by trackable letter sent by post to registered SAFIR office. To make
sure that the sender of the letter is actually the respective Customer, this letter
must be notarized.
12.2. The request should contain information that will help SAFIR identify the user
or transaction for which the information is being thought. This could include, but
 is not limited to, public address, transaction ID, IP address, time & date of
suspicious activity, etc.
12.3. In the event of any dispute, claim, difference or controversy arising out of,
relating to or having any connection with this agreement, including as it may
relate in any way to your use of the Service, or to the products sold or distributed
by SAFIR or through the website or the existence, validity, interpretation,
performance, breach or termination and/or any dispute relating to any non-
contractual obligations arising out of or in connection with them (for the purpose
of this section, a “Dispute”) qualifies for determination through the DIFC Small
Claims Tribunal (“SCT”), then the SCT shall have exclusive jurisdiction to settle
any such Dispute. For any other disputes, the courts of the DIFC shall have
exclusive jurisdiction to settle such Dispute and each party submits to the
exclusive jurisdiction of the courts of the DIFC. For the purposes of this section,
the Customer waive any objection to either the courts of the DIFC or the SCT, as
applicable, on the grounds that either of them is an inconvenient or inappropriate
forum to settle any Dispute.
12.4. In the event of any dispute the Customer shall fill the claims and dispute form
to be downloaded from SAFIR portal and direct it by trackable letter sent by post
to registered SAFIR office. To make sure that the sender of the letter is actually
the respective Customer, this letter must be notarized.
12.5. If a party has any concerns regarding a breach or default under this
Agreement, the complaining party must first notify the other party within 7 days
of the purchase and negotiate for resolution of the dispute between the parties.
The notified party shall be allowed for at least 30 days, depending on the claim,
to remedy such breach or default. The parties have an obligation, before initiating
possible court proceedings, to hold settlement negotiations at the registered office
of SAFIR.
12.6. After 37 days of notifying the other party and without negotiating a satisfying
result between the parties, the notifying party is allowed to escalate a dispute at
SCT or Dubai Courts. If the complaining Party do not escalate the dispute after 90
days of the purchase, the dispute shall be permanently closed.
12.7. In case of a dispute, the parties must respond on a request in a timely manner
and shall not use SAFIR support channels that are not intended for dispute
resolution to submit enforcement inquiries. During the claim process, SAFIR may
require the Customer to provide documentation or other information such as
receipts, third party evaluations, police reports, or anything else that SAFIR
specifies.

13. Miscellaneous
13.1. If this Agreement will be replaced by a new version, it will apply from that
moment on. In this case, all purchases that were confirmed to the Customer up
to this point are subject to the rules of the Agreement that were in effect at the
 time of confirmation of these activities. As a result, the Customer cannot make
any claims against SAFIR based on non-fulfillment of this Agreement. Any new
Agreement version will be published on https://safir.com and on SAFIR portal. If
the Customer does not raise a written objection within 48 hours sent in a trackable
letter by post to registered SAFIR office, the new Agreement is automatically
deemed to have been accepted by the Customer. To make sure that the sender
of the letter is actually the respective Customer, this letter must be notarized.
13.2. The Customer is not authorized to assign this Agreement or the rights and
obligations established between the parties based on this Agreement to a third
party, or to transfer the same in any other way, including by universal succession,
without prior written consent of SAFIR. Furthermore, the Customer is not
authorized to encumber any existing rights with a lien without the prior written
consent of SAFIR. Any Affiliate of SAFIR may get transferred any liability of SAFIR
and may enforce any of the rights of SAFIR under this Agreement.
13.3. The right of the Customer to offset against claims from SAFIR is excluded. This
does not apply in the case of reciprocal claims which are dependent on each other
or if the Customer is offsetting against an undisputed claim or a claim that has
been established as legally binding or ready for a decision.
13.4. Individual agreements concluded in any individual case shall, in any event,
take precedence over this Agreement. For the content such agreements, a written
contract or a written confirmation from SAFIR shall be decisive. Furthermore,
SAFIR is entitled to send the Customer contractual declarations and information
required for the performance of the contract via text message or email if the
Customer has given the relevant contact information and does not object to this.