TERMS & CONDITIONS

Welcome to the Habiby website, (“Habiby,” “we,” or “our”) and located at http://www.Habiby.com/ (the "Site"). The following terms and conditions (“Terms”) govern your use of this Site. By accessing, viewing, creating an account with or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them, and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 18 years of age, you are not granted permission to use this Site and must exit immediately.

 

Please read through them carefully before placing your order. By using this website and/or placing an order, we assume you agree to be bound by the terms and conditions set out below. We may change these terms from time to time without notice you. Changes will apply to any subsequent order received. Once your order has been confirmed, we will not be able to make any changes.

 

This Site is an e-commerce platform that allows enterprise users to offer the premium quality products direct from factories and manufacturer, and individuals and enterprise entities to buy products.

 

You specifically agree not to access or attempt to access the Website, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers. You agree that you will not engage in any activity that disrupts or otherwise interferes with the Website (or the servers and networks which are connected to the Website). You agree that you will not duplicate, reproduce, copy, sell, trade or resell the Website for any purpose. You agree that you are solely responsible for any breach of your obligations under this Terms & Condition and for the consequences (including any loss or damage which Habiby.com may suffer) of any such breach.

 

YOUR ACCOUNT AND AMENDMENT TO THE TERMS OF USE

You may be required to register with Habiby.com in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the username you request. Your username and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Habiby.com including those set forth in these Terms & Conditions, Habiby.com reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

 

We may from time to time modify or change the Terms and Condition. The revised Terms of Use will govern your future use of our Site and Service, so we strongly suggest that you visit and review our Terms of Use periodically. Each version is specifically dated. If you do not agree to the revised version, you must immediately stop using our Site and Service.

 

INTELLECTUAL PROPERTY

All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively "Content") is owned or licensed property of Habiby or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Habiby.com and its suppliers and licensors expressly reserve all intellectual property rights in all Content. You agree that you have no right to use any of our trademarks without our prior written consent. All rights not expressly granted to you in these Terms of Use are reserved and retained by us or our licensors.

 

Habiby.com respects the intellectual property of others. If you believe that your intellectual property rights (such as copyright or trademark right) have been violated, please contact us to provide us with information of the alleged infringement, and you may seek to notify us of that violation by sending an email to info@habiby.com. If it is appropriate, we will strive to notify you as promptly as possible under the circumstances. Habiby reserves the right to remove any links of infringing intellectual property, if Habiby believe, at his own discretion, that the links may violate rights of any third parties or cause any infringement or damage to Habiby's reputation, goodwill damage, etc. With this regard, Habiby is free from any form of responsibility or obligation, direct or indirect of loses, compensation request, etc.

 

 

LEGAL CAPACITY TO MAKE AGREEMENTS AND TRANSACT

If you are under the age eighteen (18) years you cannot place orders with Habiby.com. By accepting these Terms of Use you acknowledge that you are over the age of eighteen (18) years. Should Habiby.com suffer any damage or other losses as a result of a transaction entered into by a minor, Habiby.com reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Habiby.com.

 

Changing of Prices.

Habiby.com prices are subject to modification at any time. Prices may also vary due to a launching price, a promotional offer or sales. Prices of items that are not in stock or that are available for a pre-order are valid during its promotional period after the order was placed. Should the price of those items change with respect to the pre-order price, Customer will be informed and will have the possibility to cancel the order. We reserve the right to update prices displayed on the website from time to time and once updated, they cannot be claimed against an order that has already been confirmed or delivered.

 

COOKIES

“Cookies” are small encrypted data files (containing references to user ID information supplied by the user and stored on our secure server) that may write to your hard drive once you have accessed a website. Habiby uses cookies to enhance your shopping experience with us. Cookies are used to keep track of your shopping cart and to save your password, so you do not have to re-enter it each time you visit the Site.

 

WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, contact, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Marketing (if applicable): With your permission, we may send you promotional emails, text messages about our store, offers, new products and other updates.

 

Typographical

Habiby.com strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our Website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our Web site is labeled with an incorrect price due to some typographical, informational, technical or other error, Habiby.com shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information.

 

Additionally, all hyperlinks to other Web sites from Habiby.com are provided as resources to customers looking for additional information and/or professional opinion. Habiby.com does not assume responsibility for the claims and/or representations made on these or any other Web sites.

 

ORDERS

Placing an Order

Placing an order can be done from the website only. Should you place an order from the website, you have to be sure that personal data is correct and updated. Habiby.com suggests the Customer to proof-read his/her form several times before validating an order. Habiby.com is neither responsible for sending e-mails to the wrong e-mail address nor for sending parcels to the wrong delivery address if the form is incorrectly filled-out.

 

Processing Time

You can expect your order to be processed within approximately 3 to 24 hours, provided the items are in stock and there are no problems with payment verification. Habiby.com normally ship all orders within same working day except the manufacturing-required products that are marked “manufacturing XXX days” on product detail page, which need  but does not guarantee all orders can be shipped or delivered same day due to various reason such as weather condition, courier company efficiency etc. Orders might not be processed on weekends and holidays in time.

 

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Habiby.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. Habiby.com reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.

 

Order Acknowledgement

Habiby.com will keep you informed of your order status via e-mail. All tracking information will be emailed to your Habiby.com ID once your order has processed or changed status. You may also acquire your order status and other live updates by logging in to your account on our Website or by email us.

 

Change Orders

You may request a change to your order provided the order has not already been charged to your account. Please call us during local working hours immediately to request a change to your order. Please have your order number or customer number ready for better assistance. We strongly discourage sending change order requests via email because it is unlikely we will receive the message in time to make an adjustment due to the sheer volume of emails we receive each day.

 

Cancel Orders

You may request that an order be cancelled provided the order has not already been processed and shipped. Simply call us during working hours to request an order cancellation. We strongly discourage sending order cancellation requests via email because it is unlikely, we will receive the message in time to void the order due to the sheer volume of emails we receive each day.

 

PAYMENT

 

If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.

We accept payments online using Visa and MasterCard credit/debit card in AED (or any other agreed currency). The cardholder must retain a copy of transaction records and Merchant policies and rules.

In order to protect the website visitors to the best of our knowledge, we implement several security policies and certificates. These layers of protection could be by-passed if the user's computer is/was infected with a virus or malicious software. Habiby.com or its associated partners and employees cannot be held responsible in such a scenario or circumstance.

 

Habiby.com reserves the right to refuse a delivery or honor an order from a Customer who has not paid part or the totality of a previous order or with whom a litigious dispute is in progress. Habiby.com also reserves the right to take any necessary steps including legal action in case of outstanding or non-payment of fees by you.

 

INVOICE

The order form filled out online by the Customer cannot be considered as an invoice. Regardless of the purchase or payment methods, the Customer receives an invoice inside his/her parcel when it is delivered. A digital/hard copy of each invoice is registered in Habiby data base.

 

SECURITY

Habiby.com will take all reasonable precautions to ensure the security of any payment details included in your order, nevertheless, barring direct negligence on our part, we cannot be held liable for any losses incurred as a result of unauthorized access to information you may provide. If you have any queries or issues regarding security at Habiby.com please contact us.

 

DISPUTES

If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) ("Dispute") arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute.

 

In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration Rules of the Dubai International Financial Centre - London Court of International Arbitration ("LCIA"), which rules ("Rules") are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator to be nominated to the LCIA court for appointment. If the parties to the arbitration fail to nominate a sole arbitrator within 30 days from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by the LCIA Court), the sole arbitrator shall be appointed by the LCIA Court. The seat or legal place of the arbitration shall be Dubai International Financial Centre in Dubai, UAE.

 

The arbitration proceedings shall be conducted in the English language and the award shall be in English. The foregoing provisions of this clause are without prejudice to the right of Habiby.com to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and Habiby.com shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.

 

LIMITATIONS OF LIABILITY

IN ALL CIRCUMSTANCES Habiby.COM 'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. Habiby.COM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. Habiby.COM SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT Habiby.COM HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

 

If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to Habiby.com and Habiby.com shall treat any such unauthorized use as subject to the Terms and Conditions of this User Agreement.

 

Products deemed to be super-savers or highly discounted by the company might be limited by quantity per order and company reserve the right to alter ordered quantity for such products and or cancel the order with or without consent of the customer.

 

HABIBY.com reserves the right to cancel any unpaid order under any circumstances without any owed liability towards customer or otherwise, in-case of paid order HABIBY.com still reserves this right as long as paid amount is returned in full.

 

GOVERNING LAW

This User Agreement is governed by, and construed in accordance with, UAE law. This clause will survive any expiry or cancellation of this User Agreement for any reason.

 

Pre Order

Pre-order is a service that lets you order a product before the official launch date.

 

Delivery:

We aim to deliver pre-ordered products on the official launch date, provided that we have received and processed your payment. This is not always possible due to availability at our warehouse. Delivery charges may apply to all pre-orders unless otherwise stated. Standard Delivery timelines will apply from the moment the pre-ordered product is available. We reserve the right to cancel any order for reason that we may or may not disclose. Delivery date for the pre-ordered items may change without any prior notice or confirmation.

 

Payment:

Payment must be made in advance to confirm your preorder. If for any reason you would like to cancel your order before shipment you must do so at least 3 days before we dispatch your order.