Product Recall Policy
1. Purpose and Scope
This Policy explains when and how noon may remove or recall products sold on its marketplace, and what Sellers must do when that happens. It forms part of the Seller Agreement. If this Policy conflicts with the Seller Agreement, the Seller Agreement prevails, unless this Policy is stricter on safety matters.
2. When noon May Recall or Remove a Product
noon may, at its sole discretion and with or without prior notice, suspend, remove, block, or recall any product (a “Recalled Product”) where:
the product is, or is suspected to be, unsafe, defective, contaminated, mislabelled, or hazardous;
the product is counterfeit, adulterated, unauthorised, or infringes third-party intellectual property rights;
the product lacks, or noon is not satisfied as to, the required approvals, certifications, registrations, or documentation;
the product is subject to a manufacturer, brand owner, or Seller recall;
a government or regulatory authority orders or requests removal or recall;
the product is sold in violation of the rights of a registered commercial agent or exclusive distributor, or of any other third-party rights;
the Seller fails to provide requested evidence of authenticity, lawful source, or compliance within the time requested; or
noon otherwise reasonably considers removal necessary to protect customers, noon, or the integrity of the marketplace.
3. What noon May Do
Where a recall or removal applies, noon may, without limitation:
delist the product and block future sales;
cancel open orders and refund customers;
notify affected customers and relevant authorities;
quarantine Recalled Products held in noon’s warehouses or fulfilment network;
require the Seller to retrieve, return, re-export, or destroy Recalled Products; and
suspend or restrict the Seller’s account, withhold or set off payouts, and take any other action permitted under the Seller Agreement.
4. Seller Obligations
When a Seller is notified of a recall or removal, or becomes aware of a safety issue, defect, or recall affecting its products, the Seller must:
Notify noon within [24] hours of becoming aware of any such issue, even if no noon notice has been issued.
Cooperate fully and promptly, including by providing documents, test reports, batch information, and import or supply records on request.
Quarantine any Recalled Products in its own possession and not sell or supply them through any channel in the affected market.
Collect Recalled Products held at noon’s warehouses or fulfilment centres within the Collection Period set out in Section 5.
Bear all costs of the recall, including customer refunds, return and collection logistics, storage fees, disposal or destruction, and any fines or penalties attributable to the Seller’s products, to the extent permitted by law.
5. Collection of Recalled Products from noon Warehouses
5.1 Collection Period. The Seller must collect all Recalled Products from the noon warehouse or fulfilment location within five days of the date noon sends the recall notification (the “Collection Period”). Notification is deemed given when sent to the Seller’s registered email address or posted to the Seller dashboard, whichever is earlier.
5.2 Collection arrangements. Collection must be arranged through the process notified by noon and carried out by the Seller or its authorised representative. noon may require proof of ownership, authorisation, and identity at collection. Where a Recalled Product may only be re-exported, repaired, or destroyed under authority direction, collection will be subject to those requirements.
5.3 Storage fees. noon may charge storage and handling fees for Recalled Products held in its facilities, at the rates notified to the Seller, from the date of notification.
5.4 Uncollected Products. If any Recalled Product is not collected within the Collection Period:
noon will have no further obligation to store, safeguard, insure, or maintain the Recalled Product;
noon will have no liability or responsibility for the Recalled Product, including for loss, damage, deterioration, expiry, or devaluation, whether before or after the Collection Period expires;
the Seller is deemed to have abandoned the Recalled Product and to have authorised noon, without further notice or compensation, to dispose of it, including by destruction, donation where lawful, re-export, return to the source, or any other lawful means, at the Seller’s cost; and
noon may recover from the Seller any storage fees, disposal costs, and other expenses, and may set these off against amounts due to the Seller.
5.5 Extensions. noon may extend the Collection Period in writing at its discretion, including where an authority or legal process requires that the products be held. An extension does not waive the rights in this Section.
5.6 Counterfeit, unsafe, or unlawful goods. For products that are counterfeit, unsafe, or unlawful to supply, noon may dispose of or destroy the goods, or hand them to the relevant authority, at any time and without a Collection Period, and the Seller will have no claim against noon.
6. Commercial Agency and Third-Party Rights Claims
Where a claim is made that a product is sold in breach of a registered commercial agency or other third-party rights, noon may:
request from the Seller proof of lawful source, authorisation, and import documentation within the time stated in noon’s notice;
suspend the listing while the claim is reviewed; and
delist the product if the Seller fails to respond adequately or the claim is verified, or if required by any authority.
noon is not a party to disputes between Sellers and agents or brand owners, and its decisions do not constitute a finding of liability. Sellers are solely responsible for ensuring they have the right to sell their products in the UAE and KSA. Delivered orders for genuine goods will generally not be recalled solely because of an agency violation, but noon may stop further sales and quarantine its stock.
7. Indemnity and Limitation of Liability
The Seller will indemnify and hold harmless noon, its affiliates, and personnel from all claims, losses, fines, penalties, costs, and expenses (including legal fees) arising from the Seller’s products, any recall or removal of them, or any breach of this Policy, to the extent permitted by law. noon is not liable to the Seller for any loss of sales, profit, or goodwill arising from the suspension, removal, or recall of products under this Policy, including where the claim later proves unfounded, except to the extent liability cannot be excluded by law.
8. Consequences of Non-Compliance
Failure to comply may result in listing removal, account suspension or termination, withholding of payouts, recovery of costs, and referral to the competent authorities.
9. Changes and Contact
noon may update this Policy from time to time by notice on the Seller dashboard or by email. Continued use of the marketplace constitutes acceptance. Recall notices and queries should be directed to compliance@noon.com.