Introduction

Welcome to Mikas Middle East FZE (“Mikas”, “we”, “us” or “our”). These Terms & Conditions (“Terms”) govern your use of the website mikas.ae (the “Site”) and any services, transactions, or interactions you undertake via our Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

Definitions

• User, you, your : the person or entity who accesses or uses the Site or purchases from us.
• Products: heavy equipment, machinery, spare parts, or related goods offered by Mikas.
• Services:  spare parts supply, maintenance, global shipping, consulting, etc.
• Order : your request to purchase Products or Services from us.

Eligibility & Account Registration

1. You must be at least 18 years old (or the legal age in your jurisdiction) and capable of entering binding agreements.
2. You may need to register an account to access certain services. You must provide accurate, complete, and current information, and keep it updated.
3. You are responsible for maintaining the confidentiality of your account credentials, and for all activity under your account.

Products & Services

1. All descriptions, specifications, drawings, images, and other content on the Site are for illustration and marketing purposes only. We strive for accuracy but do not guarantee that all information is error-free, complete, or current.
2. We reserve the right to modify, discontinue, or correct any product or service at any time, including after you place an Order, subject to agreement.
3. We may impose minimum order quantities, delivery limits, or other restrictions at our discretion.

Orders, Pricing & Payment

1. When you place an Order, you agree to pay the price quoted plus applicable taxes, duties, shipping, customs, and handling fees.
2. Prices quoted on the Site are in AED (or as specified) and exclude taxes/duties unless explicitly stated.
3. Payment must be made via the methods we accept (e.g., bank transfer, credit card, etc.) by the time or in the manner specified.
4. We may refuse or cancel orders for any reason (e.g. product out of stock, error in pricing, inability to verify your order).
5. If we cancel an Order after payment, we will refund you the amount paid (excluding any non-recoverable bank or transaction fees) promptly.

Delivery, Shipping & Risk

1. We arrange for shipping and delivery, domestically (UAE) and globally. You are responsible for customs, import/export duties, and relevant permits, unless otherwise agreed.
2. Risk of loss or damage to Products transfers to you upon delivery to the carrier.
3. We aim to deliver within estimated timeframes, but these are not guarantees. Delays due to customs, force majeure, or third parties are not our liability.
4. You must inspect Products upon delivery and notify us of visible damage or shortages within a specified period (e.g. within 3 working days).

Warranty & Returns

1. We may offer warranties on Products (manufacturer or seller warranties). The details (duration, coverage, exclusions) will be provided separately or with the Product.
2. Unless explicitly stated, all Products are sold “as-is.” We disclaim all implied warranties (fitness for a particular purpose, merchantability) to the fullest extent permitted by law.
3. Returns or exchanges are allowed only per our return policy (if applicable) and must be authorized by us in writing. You may have to bear return shipping costs.
4. We reserve the right to reject returns that do not comply with policy (e.g. used, damaged, missing parts).

Use of the Website & Restrictions

1. You may use the Site only for lawful purposes and in compliance with these Terms.
2. You agree not to:
   • Use the Site in any unlawful manner or for fraudulent purposes;
   • Interfere with or disrupt the Site or servers or networks connected to it;
   • Reverse-engineer, decompile, or disassemble any portion of the Site;
   • Use any automated means (bots, scrapers) to access or monitor parts of the site;
   • Use the Site in a manner that could harm, injure, or abuse minors.
3. All content on the Site (text, graphics, logos, images, software) is owned or licensed by us and protected by applicable intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works except as permitted under these Terms.

Intellectual Property Rights

1. We (or our licensors) retain all rights, title, and interest in and to the Site, Products (as applicable), trademarks, copyrights, logos, and materials on or associated with the Site.
2. You are granted a limited, non-exclusive, non-transferable license to access and use the Site in accordance with these Terms.

Limitation of Liability & Disclaimers

1. To the maximum extent permitted by law, Mikas and its officers, employees, affiliates, or agents are not liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, business interruption, or data loss, even if advised of the possibility of such damages.
2. Our total liability in any claim arising out of or related to these Terms or your use of the Site or Products is limited to the total amount you paid to us (if any) in the 12 months preceding the claim.
3. Nothing in these Terms limits liability for death or personal injury caused by negligence or for other liabilities that cannot legally be limited under applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless Mikas and its officers, directors, employees, agents, affiliates, licensors, and partners from and against all claims, liabilities, losses, damages, costs, or expenses (including legal fees) arising out of or relating to (a) your breach of these Terms; (b) your use of the Site; (c) your violation of any law or rights of a third party; or (d) any content you submit or transmit.

Force Majeure

We will not be liable for failure or delay in performance if caused by events beyond our reasonable control (e.g. acts of God, war, labor disputes, government orders, natural disasters, pandemics, supply chain disruptions). In such cases, we may suspend performance temporarily or terminate obligations with notice.

Governing Law & Dispute Resolution

1. These Terms are governed by and construed under the laws of the United Arab Emirates (UAE) (or the applicable Emirate, as the case may be), without regard to conflict of laws principles.
2. Any disputes arising out of or relating to these Terms or your use of the Site shall be resolved exclusively by competent courts in the UAE (or as mutually agreed).
3. If a provision of these Terms is found invalid or unenforceable by a court, that provision shall be modified or severed to the minimum extent necessary, and the remaining provisions will continue in full force.

Changes to Terms

We may amend or update these Terms at any time (for example, to comply with legal requirements or business changes). The updated Terms go into effect when posted on the Site (with a modified “Last Updated” date). Your continued use after that indicates your acceptance.

Severability & Waiver

• If any provision is adjudicated invalid or unenforceable, the remainder of the Terms remains in effect.
• No waiver by us of any default or breach is a continuing waiver or waiver of any other provision.

Notices & Contact Information

All notices under these Terms must be in writing (e.g. via email or postal mail) and sent to us at:

Mikas Middle East FZE
Office No: 139/A, Building Q1-04
P.O. Box: 61397, Sharjah, UAE

If you have questions, concerns or complaints concerning these Terms, or want to report misuse, please contact us at [email protected]