Summary
Below is a brief summary of the salient provisions of the terms and conditions of using this site, and does not constitute the full terms and conditions of use.
- Using this site implies that you accept the terms and conditions and agree to be bound by them. If you do not agree to these terms, you must not use or access this site.
- Use this site only for the purpose intended, and do not infringe on the rights of other persons while using this site. If we become aware of any abuse of the site, we may have to block access to the site, or to a specific user where applicable.
- These terms and conditions also refer to other documents such as the Privacy Policy, Delivery/Shipment Policy and Refund & Cancellation Policy. You are required to familiarize yourself with these documents as they govern your use of this site.
- Where required, you must provide accurate information, and ensure that it is up to date at all times.
- This site is owned and operated by Thumbay Group in the United Arab Emirates. Shipping of products to other countries may be available, but additional charges may apply.
- This site may not be available from time to time for maintenance or upgrades.
- 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.
- The cardholder must retain a copy of transaction records and Merchant policies and rules.
- We accept payments online using Visa and MasterCard credit/debit card in AED.
Detailed Terms and Conditions
a) FOREWORD
a.1: These Terms and Conditions apply to the use of this website owned and operated by Thumbay Group (hereafter referred to as “The Company/We/Us/Thumbay Group” in this and related policies and documents pertaining to the use of this Site. These Terms and Conditions apply to such use by any person who accesses and/or uses this site for any purpose.
a.2: This Site is a means for customers to view and place orders for goods and services traded by the Company, and also to interact with the company through various means provided therein for the purpose of facilitating sales and services offered by the Company.
a.3: In these Terms and Conditions, and in all other documents/policies relating to this site, all legal aspects on the user including any and all litigations shall be executed as per the Laws of the United Arab Emirates, where the Company has its registered offices.
a.4: Shipping to destinations outside the U.A.E. may be available for some countries. Please note that additional charges for deliveries outside the U.A.E. may apply, and these may be added to the invoice amount for your order. Customs duties, taxes and other charges applicable at the point of entry into your country are not included, and these will be the responsibility of the purchaser. Please refer to our Shipping Policy for more details.
a.5: These Terms & Conditions shall maintain at all times your ‘statutory rights’ as a consumer as per applicable U.A.E. laws.
b) USE OF THIS WEBSITE AND IMPLICATIONS THEREOF
b.1: The use of this website, or any of the services herein, implies total acceptance of these Terms and Conditions. You are advised to familiarize yourself with all the provisions of these Terms and Conditions and, at all times, to stay up to date with any changes made thereto.
By using this website, you agree that any information you provide to us at any time through this website is not misrepresented, is true and accurate in all respects, and that you will inform the Company of any changes to any information you provided to us as necessary. The company hereby assumes that at any time, the information you have provided to us is true and accurate in all respects. Please refer to our Privacy Policy for more information pertaining to our use of your information.
b.2: By ‘website’ we refer to the connected group of pages on the World Wide Web/Internet and we regard them as a single entity owned and maintained by Thumbay Group.
b.3: The Terms & Conditions outlined here, and any other policies referred to therein (including any policies or documents to which a link is provided) apply to your use of and access to the Website and any other website or application permitting you to create a personalized account as well as to place an order with the correspondingThumbay Groupentity for any products and services (such websites and applications being the “Applications” as defined in these Terms) including all orders submitted by you for any products or services made available by us for purchase through the Website and/or Applications. References to “Website” in these Terms shall also include Applications as applicable. By accessing this Website and/or the Applications, you agree to these Terms and Conditions. We therefore advise you to read these Terms carefully and to save or print a copy of these Terms and Conditions for your reference.
b.4: If you do not agree to any or all of these Terms and Conditions, you must immediately STOP using and accessing this Website and all its related Applications. These Terms, and any related policies may be changed and/or updated from time to time and such changes will be effective from the time of publication on the Website and/or the relevant Application. As such we encourage you on a regular basis to continually acquaint yourself with any of the changes. Please note that any or all options available on our Website might not be accessible across different platforms (such as on mobile devices).
b.5: We reserve the right withdraw, change or suspend your access to this Website (in whole or in part, and temporarily or permanently) with or without notice and we will not be liable if our website is unavailable for any reason whatsoever.
b.6: The Website may include links to other websites or resources (“Linked Websites”). Thumbay Group will have no responsibility over the content of Linked Websites and you agree that, should you access a Linked website using a link from our Website, Thumbay Group shall not be responsible for the availability of the Linked Websites, and is not liable or in any way responsible for the content of Linked websites, including (without limitation) any goods or services available from such Linked websites, other advertising or content on such Linked websites or the use of such Linked websites that store your personal information. Moreover, Thumbay Group will not be responsible for any offence, damage or loss caused by or connected to the use of, or reliance on such Linked websites or the content in such Linked websites. For more details, please read our Privacy Policy.
b.7: The Service and all content provided through the Service is provided on an “as is” basis and from time to time we may suspend access to the website to carry out upgrades or maintenance. We will endeavour to schedule such downtime so as to minimize disruption to the Service.
We will use reasonable care and skill in making the Service available. Apart from this, we make no representation or warranty (and exclude all warranties and conditions otherwise implied, to the fullest extent permitted by law). This does not affect any statutory rights you may have.
b.8: Any material or information that you upload to the Website for publication e.g product reviews and/or public feedback will be considered non-confidential and nonproprietary. As such, we reserve the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material for any purpose, with the exception of any financial and/or banking information. We also reserve the right to disclose your identity to any third party who may reasonably claim that any material posted or uploaded by you on our site, for public viewing, constitutes a violation of their Intellectual Property rights or of their right to privacy. For more information, please refer to our Privacy Policy.
b.9: At our sole discretion, we reserve the right to deny any user access to the Website at any time without notice or liability. For instance, we reserve the right to deny you access which includes (but is not limited to) instances in which we have reason to believe that your use of the Website is in Violation of any of these Terms & Conditions and/or any other policies of this website, or any applicable laws, or the rights of any third party, or is disrespectful to others.
b.10: The content or accuracy of any materials posted by you or any other user of the Website is your responsibility, and you hereby agree to indemnify and keep Thumbay Group indemnified against all Costs, Damages, Expenses, Losses and Liabilities incurred and/or suffered by Thumbay Group as a result of any claim in respect of your use of our Website, or putting any material or input into our Website. We will not be liable to you nor any third party for such contents.
b.11: Thumbay Group reserves the right to remove any material or information that you, or any third party makes on your behalf on the Website at its sole discretion.
c) ONLINE PURCHASE
c.1: Eligibility
c.1.1: This Site is intended for use by persons aged 18 years and above. The use of this Site by any user implies that the user is 18 years or older. If we reasonably believe, or become aware that you are using this Site and are below the age of 18, we reserve the right to restrict your access to this Site and/or any services herein with no liability to us. For more information on eligibility, please refer to Section 3 of our Privacy Policy. Emirates.
c.2: Order Acceptance
c.2.1: The information contained in this Website is an invitation only and does NOT constitute an offer or unilateral contract. You hereby agree that your order is an offer to purchase the product/s listed in your order (“Product/s”) from us in accordance with the stated terms. Any order/s submitted by you is/are subject to acceptance and approval by us. We may choose not to accept your order/s at our sole discretion for any reason whatsoever without liability to us. Instances of when we might reject/not accept your order are stated below (this not an exhaustive list):
(a) Products are present in the Website but are not available in stock, or are incorrectly priced, or incorrectly described;
(b) Authorisation for your payment is not received;
(c) If you order multiple quantities of an individual Product where such Products are to be shipped to different customers or delivery addresses;
d) If a shipping restriction/s applies on the ordered product/s.
c.2.2: Upon placing an order for the first time, we invite you to Register with us and complete certain required information. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Website, such as the “My Account” section of the Website. You shall comply with all mandatory security directions given by us and inform us immediately if you become aware of or suspect any unauthorised use of your account, or if your access becomes available to an unauthorised party. Without prejudice to your other rights and remedies, we may suspend your access to the Website without Liability to us, if in our reasonable opinion, such action is necessary for safeguarding the Website.
More information about order acceptance and shipping can is available in our Shipping Policy
d) PRICES
d.1: All prices displayed with the products on this Site are the prices of the concerned products only. Other charges, including but not limited to shipping, taxes, customs duties, etc that may be applicable to your order are not included unless otherwise specified. For more information about other charges please refer to our Shipping Policy.
d.2: We may vary the prices of Products listed on the Website at any time and without any notice. Such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation.
d.3: From time to time, we may offer free gifts for purchases above certain threshold amounts. Where such promotions are active, it will mean only one gift (or set of gifts) per customer, per transaction. Such promotions will only be valid while stocks last. Please be advised that gifts given with such purchases cannot be exchanged for any monetary value, and such promotions may not be valid in conjunction with any other offer or promotion.
d.4 Free gifts obtained online through this promotion cannot be exchanged for any other gift. Thumbay Group reserves the right to substitute any free item to offer with a purchased item. In the event of any dispute, the decision of Thumbay Group shall be final. Thumbay Group reserves the right to alter, amend or foreclose such promotion without prior notice and with no liability. If a customer wishes to return an order which qualified for a gift with purchase, the transaction can only be refunded if the gift with purchase item is also returned.
f) INVOICING
f.1: Where we select, or are required by applicable laws, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of Invoicing.
g) DELIVERY AND RISK INVOLVED
g.1: The risk in the purchase will transfer from Thumbay Group to the buyer/purchaser upon delivery. It is the responsibility of the purchaser to ensure that the goods received are in good order and condition prior to accepting the delivery. Should you receive damaged goods / different goods from those ordered, please inform Thumbay Group immediately, or make a report to Thumbay Group within 3 days of receiving such an order. In such cases, the provisions of the Return Policy will apply.
g.2: As part of the ordering process, you may be contacted for delivery of goods by our shipping or delivery partner. After placing an order you, may receive various email confirmations in relation to your order, some of which may be automated communications. In respect of each of these and any other similar email confirmation, please note that references to shipping; express courier; shipping and handling and any other similar terms shall be related to the services performed by our shipping or delivery partner.
g.3: Delivery information such as Customer Name, Location Address and Contact Number will be stored for delivery purposes. Other personally identifiable information might not be stored and if the is any need for the use of such information it will be covered by our Privacy policy.
h) CANCELLATIONS AND RETURNS
h.1: Should you wish to cancel or return any Products, you may only do so in accordance with our Returns Policy.
For Further Queries and Questions, Please Contact us on info@thumbay.com
