Conditions of Use

INTRODUCTION

You agree to use the almayaonline.com mobile app / website only for purposes that are permitted by these Terms & Conditions and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.

You agree that you will not access or attempt to access the Mobile app / website other than through the interface that is provided by almayaonline.com unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of almayaonline.com. You specifically agree not to access or attempt to access the Mobile app / 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 Mobile app / website (or the servers and networks that are connected to the Mobile app / website). You agree that you will not duplicate, reproduce, copy, sell, trade, or resell the Mobile app / website for any purpose.

You agree that you are solely responsible for any breach of your obligations under this Terms & Conditions and for the consequences (including any loss or damage which almayaonline.com may suffer) of any such breach.

1. YOUR ACCOUNT AND AMENDMENT TO THE TERMS OF USE
   • You may be required to register with almayaonline.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 mobile phone / tab / pad / computer or any other technical devise, and you agree to accept responsibility for all activities that occur under your account or password.
   • In addition to all other rights available to almayaonline.com including those set forth in these Terms & Conditions, almayaonline.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 Conditions. 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. Terms and Conditions Agreement applies from this date onwards.

2. INTELLECTUAL PROPERTY
   • All content included on the app / Site, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively "Content") is owned or licensed property of almayaonline.com 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 app / Site is the exclusive property of almayaonline.com and its suppliers and licensors expressly reserve all intellectual property rights in all Content.

3. LEGAL CAPACITY TO MAKE AGREEMENTS AND TRANSACT
   • If you are under the age of eighteen (18) years you cannot place orders with almayaonline.com. By accepting these Terms of Use you acknowledge that you are over the age of eighteen (18) years.
   • Should almayaonline.com suffer any damage or other losses as a result of a transaction entered into by a minor, almayaonline.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 almayaonline.com.

4. PRICES

All prices are in UAE Dirhams (AED) Base Currency. Almayaonline.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 the promotional period after the order was placed.

Should the price of those items change with respect to the pre-order price, the customer will be informed and will have the possibility to cancel the order. We reserve the right to update prices displayed on the mobile app / website from time to time and once updated, they cannot be claimed against an order that has already been confirmed or delivered.

• Changing of Prices
  • 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 Mobile app / 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 are entirely accurate, complete or current, nor can we assume responsibility for these errors.
  • In the event, that a product listed on our mobile app / website is labelled with an incorrect price due to some typographical, informational, technical, or other error, almayaonline.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 mobile app / websites from almayaonline.com are provided as resources to customers looking for additional information and/or professional opinions. Almayaonline.com does not assume responsibility for the claims and/ or representations made on these or any other mobile app / websites.

5. ORDERS 
   • Placing an Order

• • • Placing an order can be done from the mobile app / website almayaonline.com. All customers should place an order from the mobile app / website, and you have to be sure that personal data is correct and updated.
    • com suggests the customer proofread his/her form several times before validating an order. almayaonline.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 as per the expected delivery time at the time of order. If provided items are in stock and there are no problems with online payment verification.

• • Order Acceptance Policy
    • Your receipt of electronic or other forms of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
    • com reserves the right at any time after receipt of your order to accept or decline your order for any reason*. Almayaonline.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 verification or information before accepting any order.

*Almayaonline.com reserves the right to refuse a delivery or honour 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.

• • Order Acknowledgement
    • com will keep you informed of your order status via e-mail / SMS / in app popup. All tracking information will be emailed to your ID that is registered with almayaonline.com once your order has been processed or changed status. You may also acquire your order status and other live updates by logging in to your account on our mobile app / website.
  • Quantity Limits and Dealer Sales
    • We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household, or per order. The said limitations may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at its sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms and Conditions, reselling shall be defined as purchasing or intending to purchase any product(s) from carrefouruae.com for the purpose of engaging in a commercial sale of that same product(s) with a third party.

• • Change Orders
    • You may request changes to your order if the order provided has not already been charged to your account. Please call 800-ALMAYA during almayaonline.com 24/7 hours of operation to request a change to your order.
    • Please have your confirmed order number (ON) or customer number (User ID) 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
    • A user can request to cancel an order if the provided order hasn't been processed and shipped. Please call 800-ALMAYA during almayaonline.com hours of operation to request your order cancellation.
    • We strongly discourage sending order cancellation requests via email because it is unlikely, we may not notice the message on time to void the order, due to the sheer volume of emails we receive each day.

• • Faulty Products
    • If your products arrive damaged or are faulty, you may return them and obtain a refund or replacement product. Please visit our returns and refunds (Hyperlink of Return and Refund Policy) for details of how to return them and details of our replacement and refund policy.

• • Incomplete order fulfilment/substitution
    • The primary objective of almayaonline.com is to deliver all the products ordered in the right quantity and to a high-quality standard. The user acknowledges that the Groceries are subject to stock availability and to human errors. Almayaonline.com reserves the right to amend your order in whole or in part, at any time, and without liability or compensation remove any item that is out of stock, damaged, spoiled, or unavailable for any other reason, to successfully complete your order.
    • It’s our best intention to maintain the replaced item’s price the same as per the brand you ordered but in case of a higher-valued replacement, the price may increase. We do our best to ensure that all items shown on our mobile app / website are available to order. If, however, any product you order is out of stock or unavailable we may send you a push notification enabling you to select a substitute. If an item is not delivered, despite being billed, the amount in question will be credited to the User at a reasonable time after almayaonline.com becomes aware of this. No subsequent delivery is obligatory to be made, and the customer is not entitled to claim any further compensation.
    • If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to the User. Please note that we will attempt to send the User a push notification of substitute products if selected products are unavailable, the User may reject these substitutes. Although we will always try to cater to your orders, an order of unusually large quantities of different or one product can only be fulfilled at the discretion of the Shop.
    • com reserves the right to forward a user order to another shop than the one initially selected by the user without informing the user if the initial shop fails to fulfil the order. In this case the new shop the total value of the goods ordered should be the same or lower than the value as per the pricelist of the initial shop. The payment method will remain the same.

6. PAYMENT
   • com currently offers Online and Cash on Delivery, Card on Delivery, Al Maya Points and selected third-party loyalty points as payments.
   • To protect the mobile app / website visitors to the best of our knowledge, we implement several security policies and SSL certificates. These layers of protection could be bypassed if the user's mobile or any other devices is/was infected with a virus or malicious software.
   • com or its associated partners and employees cannot be held responsible in such a scenario or circumstance.
   • com reserves the right to refuse a delivery or honour 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.
   • com also reserves the right to take any necessary steps including legal action in case of outstanding or non-payment of fees by you.

7. INVOICE
   • The order form filled out online by the Customer cannot be considered an invoice. Regardless of the purchase or payment methods, the customer will receive a digital invoice via a registered E-mail ID by Almayaonline.com.
   • A digital/hard copy of each invoice is registered in the almayaonline.com database.

8. SECURITY
   • 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 because of unauthorized access to the information you may provide. If you have any queries or issues regarding security at almayaonline.com. Please contact 800 ALMAYA.

9.    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 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 almayaonline.com to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and almayaonline.com shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.

10. LIMITATIONS OF LIABILITY
    • In all circumstances almayaonline.com maximum liability is limited to the purchase price of the products sold.
    • 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.
    • 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 almayaonline.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 because of your negligent act or omission would result in irreparable injury to almayaonline.com, and almayaonline.com shall treat any such unauthorized use as subject to the Terms and Conditions of this User Agreement.
    • com reserves the right to cancel any unpaid order under any circumstances without any owed liability towards the customer or otherwise, in case of a paid order almayaonline.com still reserves this right if the paid amount is returned in full.

11. 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.

12. PRE-ORDER
    • Pre-order is a service that lets you order a product before the official launch date Payment. We aim to deliver pre-ordered products on the official launch date, if 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 reasons that we may or may not disclose. The delivery date for the pre-ordered items may change without any prior notice or confirmation.

13. RIGHT TO SUSPEND OR CLOSE YOUR ACCOUNT
    • We may suspend or close your account immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. You will not be able to order products on the almayaonline.com site if your account is suspended or closed.

14. MISCELLANEOUS
    • You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
    • If you breach these Terms and Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies later or in any other situation where you breach these Terms and Conditions.
    • Neither party shall be responsible for any breach of these Terms and Conditions, caused by circumstances beyond that party's control.
    • Except as expressly set out in these Terms and Conditions, all use of your personal information will be made in accordance with our Privacy and Cookies Policy.