This website (the “Website”) belongs to [Vitabrid MENA Limited] (“us”, and “we” and/or “Vitabrid”).
Your use of this Website, whether to order a product from us or perform any other kind of action, shall be governed by these terms and conditions (“Terms”) which you unconditionally accept by your continuing use hereof. You may not use, and shall immediately leave and discontinue your use of this Website if you are not able to create a legally binding agreement in accordance with applicable laws and/or if you do not agree to the content of these Terms in full.
- ACCESS TO THIS WEBSITE
- License to Use. Subject to the rest of the content of these Terms below, we hereby grant you a non-transferable, non-exclusive, revocable, limited license to use and access our Website solely for your own personal use but reserve our right to revoke any or all of such authorizations at any time.
- You agree to use our Website only for lawful purposes and in a way that does not infringe on the rights of any third party or restrict or inhibit such third party’s use and enjoyment of this Website.
- Certain Restrictions. The rights granted to you under these Terms are subject to the following restrictions:
1.2.1 you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit this Website, whether in whole or in part, or any content displayed on this Website, or otherwise deal in any such content for commercial use;
1.2.2 you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of this Website and/or the content thereof;
1.2.3 you shall not access this Website in order to build a similar or competitive Website, product, and/or service;
1.3.4 except as expressly stated herein, no part of this Website may be copied, modified, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to linked, framed, hyperlinked or deep-linked into any other website, without our express written consent;
1.3.5 all copyright and other proprietary notices on this Website (or on any content displayed on this Website) must be retained on all copies thereof and the source clearly displayed; and
1.3.5 unless otherwise indicated, any future release, update, or other addition to functionality of this Website shall be subject to these Terms.
- You should review these Terms periodically as we reserve our right, at any time, to amend or modify these Terms, suspend, or discontinue this Website, in whole or in part, without prior notice to you.
- No Support, Maintenance, or Protection. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with our Website and your use thereof. We also cannot guarantee that there will be no viruses or other harmful code embedded in this Website which could adversely affect the device you are accessing it from. It shall be your sole responsibility to ensure that your device is protected against such threats.
- PRODUCT DESCRIPTIONS AND PRICE
- All product specifications, colors, descriptions, drawings, weights, dimensions and illustrations provided on our Website are provided on a best effort basis and are not intended to be provided as a form of guidance only. Our actual products (“Goods”) may vary accordingly.
- All prices shown on our Website are shown in USD, AED and SAR currencies and do not include delivery charges, packaging, taxes (including value added taxes), custom duties or other charges, which will be added to any order you place upon checkout in accordance with the provisions of clause 5.1 (Delivery).
- ORDERING YOUR GOODS
- We provide a platform from which you can order and purchase Goods online. To order and purchase Goods, simply select the Goods you would like to order and complete the checkout process.
- Before placing an order to purchase the Goods, you will be given the option to proceed with placing your order as a ‘guest’ or to register an account with us. By creating an account with us, you will be able to complete any future orders a lot quicker, store multiple shipping addresses, view and track your order status, order history and more. In order to create an account with us, you will be asked to provide your email address, which will function as your username, and to pick a secure password to create and log in to your account. You are responsible for keeping your login information secret and secure at all times. You hereby agree not to permit any other person use your username and password and not to disclose or provide any other person your username, your password or any other information that may allow any other person to gain access to your account.
- You shall be responsible for ensuring the accuracy of the information you submit with making your order and in the use of our Website. We will not be liable for costs and expenses incurred by you due to inaccurate information.
- When you place an order with us, your order is representative of an offer to purchase those Goods which you have included in your order. We may choose to accept or refuse your offer, which is not a legally binding contract. Our acceptance of your order is conditional upon the Goods being intended for personal use only and not for resale or commercial use. All orders shall be subject to these Terms and are subject to availability, on a first-come first-serve basis.
- Whilst we will do our best to fulfil your order, we cannot guarantee that we will be able to do so (for example, where our vendors are out of stock, where your card issuer refuses to authorize your payment or where Goods have been incorrectly priced on our Website). Your offer is accepted by us and becomes binding only when we expressly confirm your order to you by email.
- The price for Goods shall be provided with such Goods on our Website.
- Payment may be made through credit card (via a secure connection provided by one of our third party payment providers).
- During the checkout process, you will be asked to complete your payment details as instructed to make payment. All highlighted fields must be completed and you will need to select your payment method. Kindly familiarize yourself with clause 6 (Returns) below before proceeding with your chosen payment method.
- We will not retain a copy of any credit card information. All credit card payments may be subject to authorisation by your credit card issuer. If the card is declined, your order will not be processed however, they may be a pending transaction until your credit card issuer removes the authorization.
- We will arrange for the delivery of the Goods on your behalf in accordance with the delivery method you have selected upon completing and paying for your order. In cases where delivery is made by a carrier, courier, freight forwarder or delivery service provider (“Logistic Provider”), an additional fee in the form of shipping and handling charges may apply. This will be in addition to the prices we charge you for the Goods and will be added to your total bill upon checkout but before payment of the total amount. In addition, you will be liable for all customs requirements and duties arising for delivery of the Goods outside of the United Arab Emirates. It shall be your responsibility to ensure the Goods you are ordering comply with the applicable laws in the country where you are ordering them to. We shall not be liable for delayed delivery times or Goods returned to us due to packages being inspected by customs and/or Goods being rejected. The transport and delivery of the Goods to you by the Logistics Provider, shall be subject to the Logistic Provider’s terms and conditions, which terms and conditions shall be incorporated in this clause by reference.
- When making an order, you will be requested to provide certain information for the Logistics Provider to be able to deliver the Goods to you, including information such as your name, delivery address, email address and telephone number. Delivery will be made to the address you provide specified with your order and you be responsible for making all of the necessary arrangements to be able to accept and take delivery of your order. If no one is available to accept your order at the address at the time of delivery, the Goods will be retained by the Logistics Provider for a reasonable period of time and then returned to us if they remain undelivered and/or uncollected. If Goods are returned to us by the Logistics Provider, we will issue you a refund for the Goods but reserve the right to retain any costs incurred in arranging for the delivery and return of the Goods.
- Times for deliveries will vary depending on various factors such as the Goods that you order, the size of your order, the availability of your order, where the Goods are being shipped to/from and so forth. All risk in the Goods you order (including risk of loss and/or damage to the Goods) shall pass to you once we hand them over to the Logistics Provider. Notwithstanding the foregoing, ownership of the Goods shall not pass to you until the price for such Goods (and all delivery and/or additional charges) have been paid in full. The actions of the Logistics Provider are out of our control and as such, we cannot and do not accept any liability for the actions or the inactions in relation to the same. Furthermore, neither us nor the Logistics Provider shall be under any liability for any delay or failure to deliver Goods if the delay or failure has been wholly or partly caused by circumstances beyond our control.
- You should check all Goods you receive against your order. If you would like to make a return, the Goods must be in their original condition, unopened, unused and untampered with. Goods that are damaged, opened or used will not be eligible for return and will not be accepted.
- To return an item, please contact us to request for the return within seven (7) working days from receiving your order. We may ask you to fill in a return form and/or request additional information from you, such as the details of the Goods you are wishing to return and your reasons for doing so. Should you fail to give notice in accordance with the timeframes set out in clause 6.1 above and do not follow our instructions for returning the Goods in a timely manner, the Goods shall be deemed to have been accepted by you. Goods that you received damaged or incorrectly supplied shall be automatically eligible for return. We will reply to you with further instructions for making your return. Neither us nor the Logistics Provider shall have any liability with regards to the return of any Goods not raised in a timely manner.
- Once we receive notice of your return, we will, at our option, provide a replacement or allow you to cancel your order. Should you exercise your option to cancel your order in the circumstances set out above, the provisions of clause 6.4 below shall apply in relation to your refund.
- For Goods paid for by credit card, you will be refunded the amount you paid for the Goods that have been returned and accepted for return by us, to the same credit card from which you made the order less any shipping and handling costs and any other expenses reasonably incurred from the return (“Returned Amount”). Unfortunately, we cannot refund cash on delivery payments. The Returned Amount will be given back to you in the form of store-credit. For payments made through PayPal, the Refunded Amount shall be returned to you through PayPal in accordance with their methods and in accordance with their terms and policies for completing such transactions.
- If we cannot supply you with the Goods that you have ordered, we will cancel your order and inform you of this as soon as reasonably possible. We will give you a full refund where you have already paid for the Goods. Whilst we will use our reasonable commercial endeavors to keep prices up-to-date on the Website, we reserve the right to alter or change prices and delivery charges at any time. Goods ordered may also become unavailable upon sudden notice. Should this occur, we will refund you the amount which has been paid (if any) in accordance with this clause.
- You agree to indemnify and hold Vitabrid (and its affiliates, officers, employees, and agents) harmless from any and all claims and demands (including reasonable costs and attorneys’ fees) made by any third party due to or arising out of (a) your use of this Website, (b) your violation of these Terms or any other terms or guidelines referred to herein (including third party provider terms and conditions), or (c) your violation of applicable laws and regulations. We reserve our right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to fully cooperate with us with regards thereto and not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- INTELLECTUAL PROPERTY
- As between you and us, you acknowledge that any and all intellectual property rights, including copyrights, patents, trademarks and trade secrets (collectively “Intellectual Property”) in this Website, the Goods, their packaging, any leaflets provided with them, or any other part of the Goods as you receive them, are owned by us. Neither these Terms (nor your access to or use of this Website or ownership of the Goods) shall transfer to you or any third party, any rights, title or interest in or to such Intellectual Property, except for the limited access rights expressly set forth in clause 1 above. We reserve all of our rights not granted in these Terms and reserve the same for our third party providers. For the avoidance of any doubt, there are no implied licenses granted under these Terms or by your use of this Website.
- You shall be prohibited from reproducing, copying, distributing or re-selling the Goods to any third party. Any distribution or re-sale of our Goods, shall be subject to our prior written consent and may be subject to additional terms and conditions.
- THIRD-PARTY LINKS & ADS; OTHER USERS
- The Website may contain links to third-party websites and services and/or display advertisements for third parties (collectively “Third-Party Links & Ads”). We do not review, approve, monitor, endorse, warrant, or make any representations with respect to any Third-Party Links & Ads found on or through our Website and hereby expressly disclaim any and all liability in relation thereto. Access to Third-Party Links & Ads have been provided for your convenience only. Your use of any Third-Party Links & Ads shall be at your own risk. When accessing any Third-Party Links & Ads, additional terms and conditions are likely to apply, including but not limited to, the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with or any access to any Third-Party Links & Ads.
- Your interactions with other Website users and/or third parties shall be solely between you and such other users and/or third parties. We will not accept responsibility for any loss, damage, cost, expense or other liability having occurred as a result of any such interactions. If there is a dispute between you and any other Website user and/or third party, we are under no obligation to become involved or defend the same.
- Certain activities, whether legal or illegal, may be harmful to you and to others. For your own protection and for the protection of others, you may not at any time during your use of this Website:
- harass or abuse other users and/or third parties, whether by threatening, stalking, spamming, transmitting junk mail, chain mail and/or any other form of harassment and/or abuse;
- violate the privacy of other users and/or third parties, either by infringing applicable privacy laws, soliciting personally identifiable information for the purposes of harassment, exploitation, commercial activities, promotional activities, or any other reason which is contrary to the reason such information was
- unfairly interfere with any other user or third party’s uninterrupted use and enjoyment of our services and/or this Website;
- upload or transmits viruses or other harmful, disruptive or destructive files; or
- disrupt, interfere with, or otherwise harm or violate the security of our Website, system resources, accounts, passwords, servers or networks connected to or accessible through our Website.
- You hereby release and forever discharge us and our affiliates, officers, employees, agents, successors and assigns (as applicable) from and against each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly, in whole or in part, out of your use of this Website (including any and all interactions with, or act or omission of, other Website users and/or Third-Party Links & Ads).
- This Website, its content, and the Goods sold on it, are all provided on a strictly “as is” basis. We expressly disclaim any and all warranties and conditions of any kind, whether express, implied or statutory, including without limitation, warranties and conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy and non-infringement. We make no warranty that this Website or the Goods will meet your requirements and/or expectations, will be available on an uninterrupted, timely, secure and error-free basis, or that this Website will be accurate, reliable, free of viruses or without other harmful code, complete, legal or safe at all or any times. If applicable law requires any warranties with respect to this Website or the Goods to be given, all such warranties are limited in nature and duration to the minimum requirements imposed on us by law.
- LIMITATION ON LIABILITY
- To the maximum extent permitted by applicable laws, in no event will we accept any liability to you or any third party for any loss of profits, loss of data, costs of procurement of substitute goods, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or in relation to the Goods, these Terms and/or your use, or inability to use, this Website. Access to, and your use of this Website and the Goods, shall be at your own risk. By accessing our Website, you accept sole responsibility for any damage to the device you are accessing it from, its computer system, and/or any loss resulting therefrom.
- To the maximum extent permitted by law and notwithstanding anything herein to the contrary, our maximum liability arising from or in relation to the Goods, these Terms and your use of our Website (for any cause whatsoever and in any form of action) shall be limited to fifty USD ($50.00) or the value of the Goods, whichever is higher. The existence of more than one claim will not enlarge this limit as it shall be in the aggregate. You agree that our suppliers will have no liability of any kind arising from or relating to these Terms.
- We will not be liable to you for any breach of these Terms caused by any event beyond our reasonable control including but not limited to, acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, decrees or laws, prohibitions or measures of any kind on the part of any governmental, parliamentary OR local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labor, fuel, parts or machinery; power failure or breakdown in machinery.
- These Terms shall not affect your legal rights whether under any mandatory consumer protection laws, which cannot be excluded or limited by applicable law.
- TERM AND TERMINATION.
- Subject to this clause, these Terms will remain in full force and effect for the entire time that you use this Website and/or order Goods from us. We may suspend or terminate your rights to use this Website and/or order Goods from us at any time for any reason at our sole discretion. Upon termination of your rights under these Terms, any account you may have with us and any right to access this Website and/or order Goods from us shall be terminated immediately. We shall not be liable in any way whatsoever for any termination of your rights under these Terms. Even after your rights under these Terms have been terminated, the following provisions of these Terms will remain in effect and shall be fully enforceable against you under law: clauses 7, 8, 9, 10, 11, 12, 13 and 14.
- GOVERNING LAW AND DISPUTE RESOLUTION.
- Survival of Agreement. These Terms will survive the termination of your relationship with Vitabrid for a period of five (5) years from the date you last visited this Website.
- Electronic Communications. All communications between us and you will be in electronic form. For contractual purposes, you (a) consent to receive communications from us in an electronic form and (b) you agree that all terms and conditions, agreements, notices, disclosures, and other forms of communication that we may provide you with, satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy. The foregoing does not affect any non-waivable rights.
- Copyright/Trademark Information. Copyright © 2018 All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Website and with the Goods (in any way, shape or form) are our property. You are not permitted to use these Marks without our prior written consent.
You confirm your acceptance of these Terms in full by continuing to use our Website. We shall be under no obligation to prove that you have read these Terms, as may be amended from time to time. It shall be your sole responsibility to ensure that you are aware and keep yourself aware of the same.