Terms and Conditions

Last Modified [25/06/2020]

This website is offered in connection with Glomar Trading LLC (collectively, “we”, “us” or “our”). As used in these terms and conditions (“Terms and Conditions”) the singular term “Platform” includes byminaalsheikhly.com as well as any and all websites that we or our successors, parents, subsidiaries, affiliates, related companies or other companies under a common control that we may have now or in the future, as well as any potential sponsorship  and advertising partners (individually and collectively, the “Affiliated Companies”).

These Terms and Conditions form a contract between Glomar Trading LLC and the person or entity that register with Glomar Trading LLC. These Terms and Conditions govern the terms that apply to your use of the Glomar Trading LLC Platform to book or list spaces or any other services through our Platform.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE PLATFORM. BY ACCESSING AND/OR USING THE PLATFORM (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH BELOW. SUCH CHANGES BECOME EFFECTIVE IMMEDIATELY AND IF YOU USE THE PLATFORM AFTER THEY BECOME EFFECTIVE SUCH USE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE CHANGES. YOU SHOULD CHECK BACK FREQUETNLY AND REVIEW THESE TERMS AND CONDITIONS REGULARLY SO YOU ARE AWARE OF THE MOST CURRENT RIGHTS AND OBLIGATIONS THAT APPLY TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE PLATFORM.

You agree that these Terms and Conditions are supported by good and valuable consideration the receipt of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Platform and the materials and information available on the same.

 

The Services

We provide an e-commerce platform dedicated to Fast Moving Consumer Goods which helps users (“You” “Your” “Guest” or “Guests”) purchase hair and skin products through the Platform (the “Services”). Each user is independent from the other.

 

Eligibility of Use

These Terms and Conditions form a legally binding contract and you represent and warrant that you are legally entitled to use this Platform and have attained the minimum age of 18 years. If you are between the ages of 14 and 18, you need to obtain parental consent and supervision in order to use the Platform. The use of and access to this Platform is strictly prohibited in the event we have restricted or banned you from the Platform for any reason whatsoever.

By browsing through and/or using this Platform, you guarantee and undertake that you meet the eligibility criteria to use the Platform. In the event you are browsing through and/or using the Platform on behalf of a corporate entity, you represent, warrant and undertake that you are authorized to act on behalf of such entity.

To the extent you do not meet the eligibility criteria set herein, we may, at our sole discretion, restrict or block your access to and use of the Platform and seek any other remedies legally available to us. We further reserve the right to exercise whatever lawful means we deem necessary in order to prevent unauthorized access to or use of the Platform.

 

Restricted Use

You must not misuse this Platform. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Platform; corrupt data; infringe upon the rights of any  other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Platform. Breaching this provision would constitute a criminal offence under the laws of the United Arab Emirates.

You will be held personally responsible for any misuse of the Platform, and we may pursue any legal course where you: (i) knowingly introduce viruses, trojans, worms, spyware, adware or other material, programme or code which adversely affects the operation of any computer software or hardware (or is designed to do so) or the Platform; (ii) gain or attempt to gain unauthorized access to the server on which the Platform is stored or any server, computer or database connected to the Platform; (iii) attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; and (iv) use the Platform for any reason that is contrary to law or public order.

 

Prices and Payment

All prices and payments for the Services shall be in United Arab Emirates Dirhams, United States Dollars, Euros, Kuwaiti Dinars, Saudi Riyals (the “Accepted Currencies) which may amended from time to time. Should you choose to pay with any other currency other than the Accepted Currencies, we have the right to charge the exchange rate given to us by our bank on the date of the payment. We hereby accept payment in advance for the Services by way of Visa, Mastercard, PayPal so long as the payment is made in the Accepted Currencies over our payment gateway.

The prices for the Services are displayed on the Platform and may vary from time to time upon exclusive decision by us.

As the payment for providing the Services is executed by a third party, you acknowledge that we are not responsible nor liable whatsoever for this payment gateway and shall not under any circumstances whatsoever file a claim against us for the Services or the payment gateway.

 

Refunds and Cancellations

Return of products and goods purchased through the Platform must be made within 14 days of you receipt date for a refund. In accordance with global retail industry standards, we are unable to accept returns or exchanges of haircare, skincare, make-up & cosmetics unless damaged by us, faulty or incorrectly supplied.

You will be responsible for all shipping & handling charges for returning the Products or Goods, which will not be refunded, unless you received damaged merchandise or you received an incorrect order (wrong items). Please make sure to record your tracking number because we cannot issue a refund until our office confirms receipt of the returned merchandise. We are not responsible for lost packages.

If an order is returned with no valid reason (i.e. the product is not damaged, opened or used), the delivery charges including any shipping and handling charges will be deducted from the total and then that amount will be refunded.

All returns will be credited to the original credit card used at the time of purchase. Returns will be processed within approximately 2 weeks of our office receiving your item.

 

Claims, Reviews & Feedback

If you are not satisfied with the Services provided by us, you shall directly raise your claim with us directly.

If you have an issue with the payment gateway, you shall directly contact the payment gateway provider, but will keep us informed so that we may, at our sole discretion, assist in your claim.

You may also contact our customer care department at info@byminealsheikhly.com and we shall assist in any way we can.

In order to improve and make sure that our Services maintain a high level of competency, you are permitted to provide feedback through our live chat service on the Platform. You agree that no comments submitted by you to the Platform will violate any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Platform will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make and we have the right to remove same and take all necessary measures to ensure that we are protected under the relevant laws.

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted on the Platform or otherwise disclosed, submitted or offered in connection with your use of this Platform (collectively, the “Feedback”) shall be and remain our property. Such disclosure, submission or offer shall not be limited in anyway in its use, commercial or otherwise, of any Comments. Thus, we will own exclusively all such rights, titles and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay to users any compensation for any Feedback; or (3) to respond to any user Feedback.

 

Maintenance

We will do our best to have the Platform up and running for the whole year, with the exceptions (i) scheduled system maintenance (notice of same to be provided by us as soon as practical), (ii) emergency maintenance which might occur from time to time.

 

Communications

You consent to receive communications, including commercial communications (whether by phone, email or text) from us and our third-party partners, including without limitation, brands. You acknowledge and agree that your primary phone numbers and email addresses and other information may be used for the purpose of initiating commercial messages.  Your consent to receipt of such messages is not, and will not be, a condition to any purchase. If at any time you change your mind regarding your consent to such messages, you must contact us. You may opt out of receiving messages that are primarily commercial in nature.

 

Service Provider & Third Party Content

The Platform will contain advertising submitted by us and/or third parties. The Service Provider and the third parties are solely responsible for the content of such advertising and for ensuring that it complies with all relevant legislation and regulations of the United Arab Emirates. The Platform will also contain links to the Service Providers and/or third party’s websites. Should you decide to click on such links and visit such websites you do so at your own risk. Under no circumstances are we in any way affiliated, associated or endorsing such websites.

 

Intellectual Property

You are not allowed to use any content from the Platform for any commercial purpose without the prior express written consent of and/or license granted for this purpose by us

You are not entitled to change, modify and/or edit the digital or hard copies of any particular content of the Platform and/or add, modify and/or use certain photographs, texts, images and/or video and/or audio content to the original content of the Platform.

We expressly reserve all rights regarding the byminaalsheikhly.com domain name and all related domains and sub-domains, the name “Mina Alsheikhly”, the logo, service marks, trading names and/or trademarks. Other trademarks, products and company names mentioned on the Platform may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.

 

Term & Termination

These Terms and Conditions and other rights granted herein commence on the date of acceptance, whether direct or by continued use of the Platform, of same and shall continue until terminated by you or us. We may terminate your use of the Platform at any time without notice, at our own sole discretion, if you fail to comply with one or more provisions of these Terms and Conditions. Upon termination (i) all license and other rights granted to you under these Terms and Conditions will terminate immediately, and (ii) you must cease all use of the Platform. You acknowledge that we may restrict, modify, or terminate these Terms and Conditions, without liability, for its convenience or if you violate this Agreement or any law, rule, or regulation.

 

Limitations of Liability

In no event shall we be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Services, the Platform, or any information  available on the Platform howsoever arising.

Notwithstanding anything to the contrary herein and to the extent permitted by law, our aggregate liability to you, whether in contract, tort (including negligence) or otherwise, will be limited to a maximum of (I) AED 1,000, or the amount you paid for the Services for the past three months prior to the claim, whichever is lower.

 

Miscellaneous

Nothing in these Terms and Conditions shall be construed as creating an agency, partnership, joint venture, or employment between you and us. You agree and understand that you do not have any authority to bind us in any respect whatsoever under any circumstances.

Paragraph headings and titles are for ease of reference only and shall not affect the interpretation of these Terms and Conditions.

We are not responsible for any additional charges including customs or import fees on orders over AED 1000.00.

No failure or delay on our part to exercise any right or remedy available to us under these Terms and Conditions or the law shall be construed or operate as a waiver thereof nor shall any single or partial exercise of any right or remedy as the case may be.  The rights and remedies provided for in these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law.

If any provision of these Terms and Conditions is or may become, under any applicable law, or is found by any court or administrative body of competent jurisdiction to be, illegal, void, invalid, prohibited or unenforceable then such provision shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability and the remaining provisions of these Terms and Conditions shall remain in full force and effect.

We may assign any or all our rights and duties under these Terms and Conditions to any party at any time without notice to you.

 

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the United Arab Emirates. Any dispute which may arise out of or in connection with these Terms and Conditions, or connected with the Platform or arising there from or related thereto in any manner whatsoever, shall be referred exclusively to the courts of Dubai.

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