CONDITIONS OF USE & SALE
Conditions of Use
Please read these conditions carefully before using Habab Store Services. By using Habab Store Services, you signify your agreement to be bound by these conditions.
We offer a wide range of Habab Store Services, and sometimes additional terms may apply. When you use an Habab Store Service (for example Your Profile, Gift Cards or Habab Store applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that Habab Store Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Notice and Procedure for Making Claims of Right Infringements [email protected]
1. ELECTRONIC COMMUNICATIONS
When you use any Habab Store
Service or send e-mails to us, you are communicating with us electronically. We
will communicate with you electronically in a variety of ways, such as by
e-mail, text, in-app push notices or by posting e-mail messages or
communications on the Website or through the other Habab Store Services, such
as our Message Center. For contractual purposes, you agree that all agreements,
notices, disclosures and other communications that we provide you
electronically satisfy any legal requirement that such communications be in
writing, unless mandatory applicable laws specifically require a different form
of communication.
2. RECOMMENDATIONS AND
PERSONALIZATION
As part of the Habab Store Services, we will recommend features, products, and services that might be of interest to you, identify your preferences, and personalize your experience.
3. COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS
All content included in or made available through any Habab Store Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Habab Store or its content suppliers and is protected by local and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through any Habab Store Service is the exclusive property of Habab Store and is protected by local and international copyright and database right laws.
You may not extract and/or re-utilize parts of the content of any Habab Store Service without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the content of any Habab Store Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Habab Store Service (e.g. our prices and product listings) without our express written consent.
4. TRADEMARKS
Click here to see a non-exhaustive list of Habab Store trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Habab Store Service are trademarks or trade dress of Habab Store. Habab Store’s trademarks and trade dress may not be used in connection with any product or service that is not Habab Store's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Habab Store. All other trademarks not owned by Habab Store that appear in any Habab Store Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Habab Store.
5. PATENTS
One or more patents apply to the Website, certain features and services. Click here to see a non-exhaustive list of applicable Habab Store patents and applicable licensed patents.
6. LICENCE AND ACCESS
Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, Habab Store or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Habab Store Services. This license does not include any resale or commercial use of any Habab Store Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Habab Store Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Habab Store or its licensors, suppliers, publishers, rights holders, or other content providers. No Habab Store Service, nor any part of any Habab Store Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Habab Store without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Amazon's names or trademarks without our express written consent.
You may not misuse the Habab Store Services. You may use the Habab Store Services only as permitted by law. The licenses granted by Habab Store terminate if you do not comply with these Conditions of Use or any Service Terms.
7. YOUR ACCOUNT
You may need your own Habab Store account to use certain Habab Store Services, and you may be required to be logged into the account and have a valid payment method associated with it.
If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Click here to manage your payment options.
If you use any Habab Store Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access your information in the Your Account section of the Website.
You must not use any Habab Store Service: (i) in any way that causes, or is likely to cause, any Habab Store Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.
We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.
8. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
You may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not, in the absence of a valid notice form, the obligation) to remove or edit such content. If you believe that any content on or advertised for sale on any Habab Store Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any Habab Store Service, please notify us by completing and submitting the appropriate notice form and we will respond.
If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the Website (including any images, video or audio, all together "content", you grant Habab Store a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, perform, create derivative works from, distribute, make available, translate, and modify such content throughout the world in any media. You grant Habab Store and Habab Store’s sublicenses the right to use the name that you submit in connection with such content.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; and that use of the content you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Habab Store for all claims brought by a third party against Habab Store arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us. Habab Store has the right but not the obligation to monitor and edit or remove any activity or content. Habab Store takes no responsibility and assumes no liability for any content posted by you or any third party.
9. INTELLECTUAL PROPERTY CLAIMS
Habab Store respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Right Infringements Plse Contat us [email protected].
CONDITIONS OF SALE
These Conditions of Sale govern the sale of products by Habab Store LLC, anHabab Store Affiliate, to you. For conditions relating to the sale by third parties to you on habab.net, please see Article 13 of the Conditions of Use. We offer a wide range of Habab Store Services, and sometimes additional terms may apply. When you use an Habab Store Service (for example Your Profile, Gift Cards or Habab Store applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that Habab Store Service ("Service Terms"). If these Conditions of Sale are inconsistent with the Service Terms, those Service Terms will control.
Please read these conditions carefully before placing an order with Habab Store LLC. By placing an order with Habab Store LLC, you signify your agreement to be bound by these conditions.
1. OUR CONTRACT
Your order is an offer to Habab Store to buy the product(s) in your order. When you place an order to purchase a product from Habab Store, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Receipt Confirmation E-mail"). The Order Receipt Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we ship the product to you and send e-mail confirmation to you that we've shipped the product to you (the "Shipping Confirmation E-mail"). If your order is shipped in more than one package, you may receive a separate Shipping Confirmation E-mail for each package, and each Shipping Confirmation E-mail and corresponding shipment will conclude a separate contract of sale between us for the product(s) specified in that Shipping Confirmation E-mail. Your contract is with Habab Store LLC. Both you and Habab Store can cancel your order for a product at no cost any time before we send the Shipping Confirmation E-mail relating to that product. Your right to cancel does not apply to certain categories of products and services, including digital products or software which are not supplied in a physical format (e.g. on a CD or DVD), once download or use (whichever is earlier) has begun.
You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the Your Account area of the web site. For each delivery, we will inform you in our Shipping Confirmation E-mail if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.
Habab Store focuses on business development for end users, and prohibits sales by resellers. Sales by resellers refer to behavior of customers who resell to their direct customers of products purchased from Habab Store. If Habab Store finds out that you resell products purchased from Habab Store, we reserve the right not to allow product purchase by your account and may permanently close your account.
2. RETURNS, REFUNDS AND TITLE
Habab Store does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Habab Store does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center.
3. WARRANTY
Habab Store provides up to twelve (12)- month warranty on eligible products purchased in the United Arab Emirates (the “UAE”). At Habab Store’s discretion, this warranty obligation is limited to repair of defective product or replacement of the defective part, or replacement or refund according to the price of the product at the time of repair or replacement. For selected products and in instances where the transaction takes place in the UAE and Habab Store is the seller of record, warranty repairs will be carried out by authorized service centers designated by Habab Store. Details on the warranty policy can be found here.
4. PRICING AND AVAILABILITY
All prices are inclusive of legally applicable VAT.
We list availability information for products sold by us on the Website including on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and will refund you if you are charged for those products.
Please note that unless otherwise stated on the Website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order. If we have made a mistake and a product's correct price is higher than the price on the Website, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.
5. PRODUCT INFORMATION
Unless expressly indicated otherwise, Habab store is not the manufacturer of the products sold on this Website. While we work to ensure that product information on our Website is correct, actual product packaging and materials may contain more and different information to that displayed on our Website. Ingredients may also change. All information about the products on our Website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our Website. Please always read labels, warnings and directions provided with the product before use.
For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on this site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. Habab Store accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties.
6. CUSTOMS
When ordering products from Habab Store for delivery outside of the UAE you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Habab Store, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information see About Customs.
7. OUR LIABILITY
Habab Store and its Affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any because which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are shipped, you may cancel your order at any time prior to shipping.
8. APPLICABLE LAW
These conditions are governed by and construed in accordance with the laws of the Dubai International Finance Center (“DIFC”). If any dispute, claim, difference or controversy arising out of, relating to or having any connection with these conditions, including as it may relate in any way to your use of any Habab Store Service, or to any products or services sold or distributed by Habab Store or through habab.net, or the existence, validity, interpretation, performance, breach or termination and/or any dispute relating to any non-contractual obligations arising out of or in connection with them (for the purpose of this section, a “Dispute”) qualifies for determination through the DIFC Small Claims Tribunal (“SCT”), then the SCT shall have exclusive jurisdiction to settle any such Dispute. For Disputes that do not qualify for determination through the SCT, the courts of the DIFC shall have exclusive jurisdiction to settle such Dispute and each party submits to the exclusive jurisdiction of the courts of the DIFC. For the purposes of this section, you waive any objection to either the courts of the DIFC or the SCT, as applicable, on the grounds that either of them is an inconvenient or inappropriate forum to settle any Dispute.
9. AMENDMENTS TO THE CONDITIONS OF SALE
We reserve the right to make changes to our Website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
10. WAIVER
If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.
11. CHILDREN
We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 16 you may only use habab.net with the involvement of a parent or guardian.
12. OUR CONTACT DETAILS
Our contact details are:
Habab Store LLC
Diera, Dubai, United Arab Emirates