The purpose of these general terms and conditions is to define the rules applicable to access the Platform and use the Services offered on the Platform and the conditions of sale that apply between a Buyer and a Seller for the purchase of Product(s) on the Platform.
Unless otherwise defined in these general terms and conditions, capitalized terms used in this general terms and conditions in either singular or plural form have the following meanings:
Buyer:
means any natural person or legal entity that is using the Platform to purchase Product(s) for non-commercial purposes. Natural person(s) must be 16 years old or older to be able to purchase Product(s) on the Platform and have the capacity to take legal actions or have the authority of their parent or legal guardian to transact if they are under 18 years old.
Platform:
means the internet website accessible at the address www.dayramarket.com through which Buyers and Sellers can be put in contact for the purchase of Product(s).
Products:
means product(s) sold on the Platform. Unless otherwise specified, products sold on the Platform are renewed products: they are second-hand products that have been refurbished.
Product Sheet:
means a description of a Product, as provided by the Seller and displayed on the Platform.
Seller:
means any professional seller of Products registered on the Platform.
Seller Sheet:
means the information (such as trade name, address of establishment) on a Seller, as provided by the Seller and displayed on the Platform.
Services:
means the services and resources available on the Platform, as further described in Article 3.
User:
means any natural person or legal entity that accesses the Platform for non-commercial purposes, regardless of whether such person or entity has a customer account. For the avoidance of doubt, a Seller shall not be considered as a User for the purpose of these general terms and conditions.
PLEASE READ THESE GENERAL TERMS AND CONDITIONS CAREFULLY. If needed, these general terms and conditions can be downloaded from the Platform so that Users can keep a copy and refer to them as necessary.
BY ACCESSING OR USING THE PLATFORM IN ANY WAY, INCLUDING USING THE SERVICES OFFERED BY DAYRA MARKET ON THE PLATFORM, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE, THE USER REPRESENTS THAT:
THEY HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS.
THEY HAVE THE AUTHORITY TO ENTER INTO THESE GENERAL TERMS AND CONDITIONS PERSONALLY OR ON BEHALF OF THE LEGAL ENTITY THEY HAVE NAMED AS USER, AND TO BIND THAT LEGAL ENTITY TO THE GENERAL TERMS AND CONDITIONS.
THESE GENERAL TERMS AND CONDITIONS INCLUDE:
THE USER’S AGREEMENT THAT THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY (ARTICLE 15).
THE USER’S CONSENT TO RELEASE DAYRA MARKET FROM LIABILITY (ARTICLE 15).
THE USER’S AGREEMENT TO INDEMNIFY DAYRA MARKET FOR ANY MISUSE OF THE SERVICES (ARTICLE 16).
These general terms and conditions and any action related thereto will be governed and interpreted by and under the laws of Egypt.
DAYRA MARKET MAY MODIFY THESE GENERAL TERMS AND CONDITIONS AT ITS SOLE DISCRETION AT ANY TIME. When changes are made, DAYRA MARKET will make a new version of the general terms and conditions available on the Platform. PLEASE REGULARLY CHECK THE PLATFORM TO VIEW THE CURRENT GENERAL TERMS AND CONDITIONS.
Users: Dayra Market offers access to and use of its Platform; a customer account, a secure payment method, and several quality services that are detailed on the Platform. Buyers who place an order via the Platform are charged a service fee for these Services. The exact amount of such service fee is specified to the Buyer before they confirm the order.
Sellers: Dayra Market offers access to and use of its Platform, a vendor panel, an installment payment service and other services such as the DayraCare service (where Dayra Market assists the Seller in the management of their customer service on behalf of the Seller), DayraShip service (where Dayra Market puts the Seller in relation with a partner to ship the Product(s)). A fee is charged for these Services to the Seller. The conditions for these services are covered by the general terms and conditions applicable to Sellers. Sellers are the only persons liable for the Product(s) sold to the Buyer, whether they subscribed to the Services or not. Sellers are charged a commission for these Services. The exact amount of such commission is in accordance with the terms agreed upon between Dayra Market and the Sellers.
The User needs an email address and a password to create their customer account. Login credentials are strictly personal, and the User undertakes to keep their password confidential. The User must take all appropriate measures to ensure that their password remains confidential and that access to their computer and other devices is restricted. If the User becomes aware of unauthorized access to their customer account by a third party, the User undertakes to immediately change their password and inform Dayra Market by filing the form available under this link.
Unless Dayra Market expressly agrees otherwise, the User undertakes to create and use no more than one customer account. If a customer account is closed by Dayra Market, such User agrees not to create a new account unless specifically authorized by Dayra Market.
The User undertakes that they will not
Harass the Platform’s other Users.
Make disparaging, slanderous, defamatory, false, misleading, inaccurate, discriminatory, or racist remarks or comments on the Platform, and more generally, that they will not make any comments contravening applicable laws, rights of other individuals and/or public order.
Obtain information about other Users, either manually or using automated methods.
Access personal accounts belonging to other Users, or attempt to jeopardize the functioning of the Platform.
The User acknowledges that all the elements contained on the Platform, including, but not limited to, texts, comments, illustrations, images, sound elements, company names, brands, and other distinctive signs, as well as elements composing the Platform, such as databases and any underlying technology (hereinafter, the “Elements”) are potentially protected by intellectual property rights, such as copyright, trademark, etc. Consequently, the User acknowledges that the following are strictly prohibited:
Any reproduction, representation, modification, or adaptation of the Platform and / or all or part of the Elements without Dayra Market’s prior written consent.
Any use of the Elements for commercial or professional purposes without Dayra Market’s prior written authorization.
Any use of software, devices, scripts, robots, or any other means or process (including crawlers, browser plug-ins, or any other technology) aimed at performing “web scraping” on the Platform.
By using the Platform, the User represents and warrants that they are not located in a country that is subject to an embargo by the Egyptian government, or that has been designated by the Egyptian government as a supporter of terrorist activities. The User will not use the Platform for any purpose prohibited by Egyptian law. The User acknowledges and agrees that Services or technology provided by Dayra Market are subject to the laws and regulations of Egypt. The User must comply with these laws and regulations and will not, without proper authorization, engage in any activity that violates Egyptian law or regulations.
These general terms and conditions must be accepted without reservation by each Buyer prior to ordering any Product(s).
Sellers are fully and solely liable for the veracity and completeness of:
(a) the information provided in the Seller Sheet
(b) the Product description in the Product Sheet
The Product’s full compliance with their description in the Product Sheet.
The price of the Product(s) is fixed freely by the Seller.
When ordering, the Buyer selects the Product(s) they wish to purchase. The Buyer must click “Buy” and then provide the required information when prompted (desired delivery address, payment method, etc.). Once the Buyer has confirmed the payment and their payment method, an authorization hold is placed on the Buyer’s payment. The Buyer is informed that the sale is not completed at this point. Indeed, the Seller may have limited availability of Product(s). The Seller therefore has 24 business hours to confirm that the Product(s) are available and that they can honor the order. The contract of sale of Product(s) is concluded when the Seller has confirmed the availability of the Product(s), and the Buyer is charged the amount of their order. If the Product(s) are not available or if the Seller does not confirm availability within the aforementioned 24 business hours period, the order is automatically canceled, and the sale is deemed never to have been completed. The authorization hold in respect of the Buyer’s payment is then immediately released. The payment may take several days to be released to the Buyer by their bank. Orders made by a Buyer are independent of each other, and if an order contains several Products, each Product order is independent from the other. Thus, if one or more orders have not been confirmed by a Seller(s), the Buyer’s other Product(s) order(s) are not canceled, and the Buyer is obliged to pay for order(s) that have been confirmed.
The order may also be canceled by Dayra Market or the Seller for a legitimate reason, including:
(a) An obvious mistake in the Product(s) and/or the price (e.g., a pricing error or any other error regarding an essential characteristic of the Product(s)).
(b) a claim regarding payment of the order.
(c) the creation of multiple Users accounts or a fraudulent use of discount codes.
The Product(s) presented for sale on the Platform can only be shipped within Egypt.
The Product(s) are delivered to the delivery address indicated by the Buyer when ordering. Delivery times and methods are indicated by the Seller. The risk of loss or damage passes from the Seller to the Buyer upon delivery. If a Buyer has opted for a tracked delivery method, they may track the delivery of the ordered Product(s) directly on the Platform through its customer account and/or email and/or website.
The Buyer will be informed of the delivery date after they have selected a shipping method. The delivery of the ordered Product(s) shall not be subject to any unjustified delay.
Unless otherwise mentioned when ordering, shipping fees are charged. The shipping fees are communicated to the Buyer prior to any payment.
In the event that Product(s) are damaged in transit (damaged or opened package / missing or damaged Product(s)), the Buyer shall make all possible reservations upon delivery of the Product(s). Dayra Market ALSO ASKS THE BUYER TO FILE A COMPLAINT WITHIN THREE BUSINESS DAYS VIA THE PLATFORM ONCE THE PRODUCT(S) HAVE BEEN RECEIVED.
Title to the Product(s) is transferred when the price is paid by the Buyer and delivery is complete, i.e., when the ordered Product(s) have been physically delivered to the Buyer or any third party designated by the Buyer.
For returns: in case of a change of mind, the risk of loss passes from the Buyer to the Seller upon reception of the Product(s) by the Seller; for any other cause, the risk of loss passes from the Buyer to the Seller as soon as the Product(s) are shipped by the Buyer.
The payment methods on the Platform are made available by Dayra Market’s payment partners and are specified on the Platform (for instance, payment in installments and credit card). Dayra Market’s payment service providers collect payments in the name and on behalf of the Sellers and of Dayra Market and ensure security of the transaction.
Promotional or discount codes. When purchasing Product(s) on the Platform, the User can use a discount or promotional code. Unless otherwise specified, these codes are valid for all Product(s) offered for sale on the Platform until the code’s expiration date. Unless otherwise specified,
Codes cannot be combined.f
Codes cannot be applied to shipping fees.
Codes are neither exchangeable nor refundable (i.e., if the order paid for using a code is refunded, the code may not be used again) unless the order is canceled by the Seller due to unavailability of the Product(s) ordered.
Codes having a monetary value must be used all at once (i.e., if the monetary value of the code exceeds the price for the Product(s), the code’s unused value will be lost).
Codes cannot be retroactively used for an order already placed by the Buyer.
If payment is made in installments, the terms and conditions applicable to the payment are specified by the payment service provider before the associated loan agreement is entered into.
If you require an invoice for your order, you can request it within 72 hours from the delivery date through Dayra Market customer support.
Buyers may return Product(s) within 14 days of receipt of the Product(s) even in cases where there are no defects or other discrepancies with the order (“Right to cancel”). The date the Product(s) are received is not counted when determining the 14-day period. If this period ends on a Saturday, Sunday, or a public holiday, such period is extended until the next business day.
To return Product(s), Buyers must log into their account and indicate that they are returning the Product(s) because they have changed their mind (and not because of a defect or some other discrepancy) by clicking on the "Get Help" button for the order in question.
Buyers will then have a period of 14 days after having notified the Seller to ship the Product(s) to the Seller’s address unless the Seller requests that the Product(s) be sent to another address or proposes to collect the Product(s).
Buyers must package the Product(s) returned to the Seller with care. Buyers are free to select the method for sending the Product(s) and to decide to take out insurance in the event of loss, theft, or destruction of the package. ONLY PRODUCT(S) RETURNED WHOLE, WITH ALL THE ACCESSORIES THEY ARRIVED WITH, AND IN THE CONDITION IN WHICH THEY WERE SOLD ARE ACCEPTED (EXCEPT IF THE BUYER HAS INDICATED THAT THE PRODUCT(S) RECEIVED WAS IN A CONDITION DIFFERENT FROM THAT DESCRIBED IN THE PRODUCT SHEET). BUYERS MUST ALSO ENSURE THAT ANY PERSONAL DATA IS DELETED FROM THE PRODUCT(S) PRIOR TO RETURNING THE PRODUCT(S) AND THAT THE PRODUCT(S) ARE DISCONNECTED FROM ANY ACCOUNT.
All costs and risks related to the return of Product(s) to the Seller are borne by the Buyer.
If all the conditions relating to the exercise of the Right to cancel are met, the Seller will refund the Buyer the total amount of their order (including delivery costs).
Buyers may be held liable for a loss in value of the Product(s) resulting from mishandling the Product(s) and/or their accessories.
Buyers benefit from a 12-month limited warranty granted by the Seller. To implement these rights, the Buyer must contact the Seller in accordance with Article 11. The content of this limited warranty is described in the “Limited Warranty Agreement”, available on the Platform. Except to the extent prohibited by applicable law, implied warranties and conditions (including warranties and conditions of merchantability and fitness for a particular purpose) shall be limited to the duration of this limited warranty (i.e., 12 months). Users are reminded that these limitations shall be enforceable to the extent permitted by law.
Is it possible to subscribe for an additional protection plan?
Besides the limited contractual warranty, when ordering on the Platform, the Buyer may subscribe to an additional protection plan covering defects and accidents caused by normal handling (drops, spills, and cracked screens).
Communication via the Platform. The Buyer and the Seller agree to only communicate via their respective accounts on the Platform. As an exception, if this method of communication is not possible, for example if the Buyer’s customer account has been closed, the Buyer may contact Dayra Market by filling the form available under this link or call our number where you must provide the order date and number. Dayra Market will forward the claim to the Seller so the Seller can respond.
Handling of Buyer complaints by the Seller. The Seller must answer any Buyer complaint within 24 hours (weekends and holidays excluded). The Buyer is informed that the Seller is responsible for customer service on all subjects related to the Product(s) they sell, their warranties, and other related complaints. Dayra Market is not liable for the Product(s) or their sale. However, as provided in article 11.3, Dayra Market may get involved if a Buyer encounters difficulties with a Seller.
Dayra Market’s intervention. When a Buyer encounters difficulty with a Seller, Dayra Market may intervene in the name and on behalf of the Seller if the following cumulative conditions are met:
(a) The Buyer has an active account.
(b) The Buyer has made a claim on the platform within the warranty period using their customer account.
(c) The Seller has not replied to the Buyer within 24 work hours (weekends and holidays excluded) after the request or has replied inadequately.
(d) The Buyer’s claim relates to a defective Product. If these conditions are met, the Buyer may request that Dayra Market intervene by completing the form on his profile under warranty claim In such a case, if Dayra Market considers that the Buyer’s claim is justified and that the Seller has violated their obligations, Dayra Market will ask the Seller to, depending on the Buyer’s request, either
refund the price of the Product to the Buyer.
send the Buyer a Product that matches the order.
offer a repair or replacement solution.
offer a prepaid return label to enable the Buyer to return the Product.
If the solution proposed by Dayra Market satisfies the Buyer, that solution becomes binding upon the Seller. If the solution suggested by Dayra Market is not implemented within 24 work hours (weekends and holidays excluded) following its notification, Dayra Market may then enforce the suggested solution in the name and on behalf of the Seller).
The Buyer’s personal data is processed by Dayra Market and by the Sellers. In addition, Dayra Market uses cookies. The policies applicable to personal data and cookies are described in the documents “Data Protection” and “Cookies” available on the Platform.
User’s closing of their customer account. Users may freely close their customer account at any time without notice, through their customer account or by writing to [email protected]. So long as there are no outstanding orders or warranties, the account closure will take effect within 30 days’ maximum after the date the User notifies Dayra Market that they wish to close their customer account.
Dayra Market’s closing of the customer account. Dayra Market may close a customer account if the User has refused an update to these general terms and conditions, and/or if the User has breached the obligations imposed by these general terms and conditions, and/or if the User has been inactive. Dayra Market may also close a customer account without cause, with reasonable prior notice.
Informing the User. Dayra Market shall inform the User of its intention to close the customer account by sending the User an email detailing the reasons for the closure. Before the account is closed, the User is invited to download information and invoices related to their orders. After the account is closed, the User retains the ability to make a claim. However, the User may no longer order Product(s) on the Platform or use the Services.
Once a Buyer’s order is finalized, the Buyer may review the Seller and the Product(s) through the reviewing system available on the Platform. The Buyer is informed that the date of their purchase and criteria for categorizing reviews are displayed with their review.
Concerning the Services. Dayra Market will make every effort to ensure that the Services and the Platform are available. Dayra Market reserves the right to suspend or limit access to the Services and the Platform to carry out repairs, maintenance operations, and/or add and/or develop a function and/or a Service. Dayra Market may not be held liable for any damage suffered by a User due to their inability to access or use all or part of a Service or the Platform.
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THEIR USE OF THE SERVICES IS AT THEIR SOLE RISK, AND THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WITH REGARDS TO THE SERVICES, DAYRA MARKET EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
DAYRA MARKET MAKES NO WARRANTY, REPRESENTATION, OR CONDITION THAT:
THE PLATFORM AND THE SERVICES WILL MEET USERS’ REQUIREMENTS
USERS’ USE OF THE PLATFORM AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
ANY ERRORS WILL BE CORRECTED.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE PLATFORM IS ACCESSED AT THE USER’S OWN RISK, AND THE USER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, THEIR COMPUTER SYSTEM AND ANY DEVICE USED TO ACCESS THE PLATFORM, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. DAYRA MARKET MAKES NO WARRANTY, REPRESENTATION, OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, AND OTHER CHARACTERISTICS OF SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DAYRA MARKET OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
FROM TIME TO TIME, DAYRA MARKET MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH THEIR USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND AND MAY BE MODIFIED OR DISCONTINUED AT DAYRA MARKET’S SOLE DISCRETION. THE PROVISIONS OF THIS ARTICLE APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
DAYRA MARKET USES THIRD-PARTY SERVICES, NAMELY TO ALLOW THE PLATFORM TO FUNCTION. THE USER ACKNOWLEDGES AND AGREES THAT DAYRA MARKET IS NOT LIABLE, AND THE USER AGREES NOT TO SEEK TO HOLD DAYRA MARKET LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH THE USER.
Concerning the Products. As indicated above, Dayra Market is not the Seller or reseller of Products and acts solely as an intermediary. The Seller thus assumes full responsibility with regard to the Product(s) they offer for sale through the Platform, in particular regarding warranties that, according to the laws and regulations, rest with the Seller or manufacturer.
DAYRA MARKET MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH PRODUCT(S), OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION RELATED TO THE PRODUCT(S) OBTAINED THROUGH THE PLATFORM.
Disclaimer. USERS UNDERSTAND AND AGREE THAT IN NO EVENT SHALL DAYRA MARKET BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT DAYRA MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS, ON ANY THEORY OF LIABILITY, RESULTING FROM:
THE USE OR INABILITY TO USE THE PLATFORM.
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE PLATFORM.
UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA.
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM, OR.
ANY OTHER MATTER RELATED TO THE PLATFORM, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR.
The User undertakes to use the Services and the Platform in compliance with the general terms and conditions and to not breach any law, regulation, or public policy.
The User agrees to indemnify and hold Dayra Market, its direct and indirect parent companies, subsidiaries, affiliates, officers, employees, agents, partners, and licensors harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of their misuse of the Platform; their violation of these general terms and conditions, their violation of any rights of another party, including any Users; or their violation of any applicable laws, rules, or regulations. This Article will survive any termination of the customer account or access to the Platform.
These general terms and conditions and any action related thereto will be governed and interpreted by and under the laws of Egypt.
Nothing in these general terms and conditions creates any agency, joint venture, partnership, or other form of joint enterprise, employment, or fiduciary relationship between Dayra Market and the User. Neither Dayra Market on the one hand, and the User on the other hand, has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party, or to bind the other party to any contract, agreement, or undertaking with any third party.
Communications between Users and Dayra Market are made electronically. For contractual purposes, Users
Consent to receive communications from Dayra Market in an electronic form.
Agree that all terms and conditions, agreements, notices, disclosures, and other communications that Dayra Market provides to Users electronically satisfy any legal requirements that such communications would satisfy if it were in writing.
The User is responsible for providing Dayra Market with their most current email address. In the event that the last email address provided to Dayra Market is not valid, or for any reason Dayra Market is unable to deliver any notices required/permitted by the general terms and conditions, Dayra Market’s dispatch of the email containing such notice will nonetheless constitute effective notice. Users may give notice to Dayra Market at the following address: [email protected].
Severability. If any provision of these general terms and conditions is, for any reason, held to be invalid or unenforceable, the other provisions of these general terms and conditions will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
