Terms & Conditions

Welcome to Abarcy.ae.

Abarcy LLC and/or its affiliates ("Abarcy") provide website features and other products and services to you when you visit or shop at Abarcy.co (the "Website"), use Abarcy products, or services, use Abarcy applications for mobile, or use software provided by Abarcy in connection with any of the foregoing (collectively "Avarcy Services"). “Affiliate” means, with respect to a particular person, any entity that directly or indirectly controls, is controlled by, or is under common control with such person. Please see our Privacy Policy to understand how we collect and process your personal information through Abarcy Services. Abarcy provides the Abarcy Services and sells our products to you subject to the conditions set out on this page. Abarcy.ae is the trading name for Abarcy.

Table of Content

Conditions of Use
Conditions of Sale

Conditions of Use

Please read these conditions carefully before using Abarcy Services. By using Abarcy Services, you signify your agreement to be bound by these conditions. We offer a wide range of Abarcy Services, and sometimes additional terms may apply. When you use an Abarcy Service (for example Your Profile or Abarcy applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that Abarcy Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

1. ELECTRONIC COMMUNICATIONS

When you use any Abarcy 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 Abarcy 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 Abarcy 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 Abarcy Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Abarcy 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 Abarcy Service is the exclusive property of Abarcy 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 Abarcy 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 Abarcy Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Abarcy Service (e.g. our prices and product listings) without our express written consent.

4. TRADEMARKS

In addition graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Abarcy Service are trademarks or trade dress of Abarcy. Abarcy's trademarks and trade dress may not be used in connection with any product or service that is not Abarcy's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Abarcy. All other trademarks not owned by Abarcy that appear in any Abarcy Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Abarcy.

Click here to see list of Abarcy trademarks.

5. PATENTS

One or more patents apply to the Website, certain features and services.

Click here to see list of applicable Abarcy patents and applicable licensed patents.

6. LICENCE AND ACCESS

Subject to your compliance with these Terms and Conditions and your payment of any applicable fees, Abarcy or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Abarcy Services. This license does not include any resale or commercial use of any Abarcy Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Abarcy 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 Terms and Conditions are reserved and retained by Abarcy or its licencors, suppliers, publishers, rights holders, or other content providers. No Abarcy Service, nor any part of any Abarcy 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 Abarcy without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Abarcy's names or trademarks without our express written consent.

You may not misuse the Abarcy Services. You may use the Abarcy Services only as permitted by law. The licenses granted by Abarcy terminate if you do not comply with these Terms and Conditions.

7. YOUR ACCOUNT

You may need your own Abarcy account to use certain Abarcy 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 Abarcy 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 Abarcy Service: (i) in any way that causes, or is likely to cause, any Abarcy 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 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 Abarcy Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any Abarcy 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 Abarcy a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable 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 Abarcy and Abarcy’s sublicenees 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 Abarcy for all claims brought by a third party against Abarcy 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. Abarcy has the right but not the obligation to monitor and edit or remove any activity or content. Abarcy takes no responsibility and assumes no liability for any content posted by you or any third party.

9. INTELLECTUAL PROPERTY CLAIMS

Abarcy 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 contact our Customer Service.

10. ABARCY SOFTWARE TERMS

In addition to these Terms and Conditions, the terms found below apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Abarcy Services (the "Abarcy Software").

Use of the Abarcy Software. You may use Abarcy Software solely for purposes of enabling you to use and enjoy the Abarcy Services as provided by Abarcy, and as permitted by the Terms and Conditions, these Software Terms and any Service Terms. You may not incorporate any portion of the Abarcy Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Abarcy Software or otherwise assign any rights to the Abarcy Software in whole or in part. You may not use the Abarcy Software for any illegal purpose. We may cease providing any Abarcy Software and we may terminate your right to use any Abarcy Software at any time. Your rights to use the Abarcy Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Terms and Conditions or any other Service Terms. Additional third party terms contained within or distributed with certain Abarcy Software that are specifically identified in related documentation may apply to that Abarcy Software (or software incorporated with the Abarcy Software) and will govern the use of such software in the event of a conflict with these Terms and Conditions. All software used in any Abarcy Service is the property of Abarcy or its software suppliers and protected by local and international copyright laws.
Use of Third Party Services. When you use the Abarcy Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
No Reverse Engineering. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Abarcy Software, whether in whole or in part, or create any derivative works from or of the Abarcy Software.
Updates. In order to keep the Abarcy Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

11. SANCTIONS AND EXPORT POLICY

You may not use any Abarcy Service if you are the subject of U.A.E. sanctions or of sanctions consistent with U.A.E. law imposed by the governments of the country where you are using Abarcy Services. You must comply with all U.A.E. or other export and re-export restrictions that may apply to goods, software (including Abarcy Software), technology, and services. Nothing in these Terms and Conditions shall, or shall be interpreted or construed to, induce or require Abarcy or you to act in any manner (including taking or failing to take any actions in connection with a transaction) which is inconsistent with or penalized under any applicable U.A.E. laws, regulations, rules, or requirements.

12. OTHER BUSINESS

Parties other than Abarcy operate stores, provide services, or sell product lines on this Website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Abarcy does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. When a third party is involved in your transactions, we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other terms and conditions.

13. ABARCY'S ROLE

Abarcy allows third party sellers to list and sell their products at Abarcy.co. In each such case this is indicated on the respective product detail page. While Abarcy helps facilitate transactions that are carried out on the Abarcy marketplace, Abarcy is neither the buyer nor the seller of the seller's items. Abarcy provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. Abarcy is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller. Because Abarcy wants the buyer to have a safer buying experience, Abarcy provides the Abarcy A-to-Z guarantee in addition to any contractual or other rights.

14. OUR LIABILITY

We will do our utmost to ensure that availability of the Abarcy Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Abarcy Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Abarcy 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 you commenced using the Abarcy Services.

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 cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

15. 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 Abarcy Service, or to any products or services sold or distributed by Abarcy or through Abarcy.co, 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.

16. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE TERMS AND CONDITIONS

We reserve the right to make changes to any Abarcy Services, policies, terms and conditions and Service Terms at any time. You will be subject to the terms and conditions and policies in force at the time that you use the Abarcy Services. If any of these Terms and Conditions 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.

17. WAIVER

If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions.

18. CHILDREN

We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 21 you may use the Abarcy Services only with the involvement of a parent or guardian.

19. OUR CONTACT DETAILS

This Website is owned and maintained by Abarcy LLC. Our contact details are:

Abarcy LLC

Sharjah Media City

Sharjah, United Arab Emirates

https://www.abarcy.co

20. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS

If you believe that your rights are being infringed, please contact our Customer Service. We respond expeditiously to rights owners and their agents who concerns about any alleged infringement.

Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to Abarcy the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Abarcy for all claims brought by a third party against Abarcy arising out of or in connection with the submission of a Notice Form.

Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on Abarcy.co and are posted solely at the direction of Third Party Sellers who may be contacted via their Seller Information page, accessible from any of their listings.

Conditions of Sale

These Conditions of Sale govern the sale of products by Abarcy General Trading LLC, an Abarcy Affiliate, to you. For conditions relating to the sale by third parties to you on Abarcy.co, please see Article 13 of the Terms and Conditions. We offer a wide range of Abarcy Services, and sometimes additional terms may apply. When you use an Abarcy Service (for example Your Profile, Gift Cards or Abarcy applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that Abarcy 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 Abarcy General Trading LLC. By placing an order with Abarcy General Trading LLC, you signify your agreement to be bound by these conditions.

1. OUR CONTRACT

Your order is an offer to Abarcy to buy the product(s) in your order. When you place an order to purchase a product from Abarcy, 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 Abarcy General Trading LLC. Both you and Abarcy 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.

Abarcy 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 Abarcy. If Abarcy finds out that you resell products purchased from Abarcy, we reserve the right not to allow product purchase by your account and may permanently close your account.

2. RETURNS, REFUNDS AND TITLE

Abarcy 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, Abarcy does not take title to the refunded item. For more information about our returns and refunds, please see our Returns and Refunds Policies.

3. WARRANTY

Abarcy provides up to twelve (12)- month warranty on eligible products purchased in the United Arab Emirates (the “UAE”). At Abarcy’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 Abarcy is the seller of record, warranty repairs will be carried out by authorized service centers designated by Abarcy. 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, Abarcy 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. Abarcy accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties.

6. CUSTOMS

When ordering products from Abarcy 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 Abarcy, 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

Abarcy 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 cause 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

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 21 you may only use Abarcy.co with the involvement of a parent or guardian.

12. OUR CONTACT DETAILS

Our contact details are: