Terms & Conditions

Information About Us

Abayati LLC (“Abayati”) owns, manages and maintains the Abayati.shop Website (“Site”). Throughout the site, the terms “we”, “us” and “our” refer to Abayati. The following are the terms of use that govern use of the Site (“Terms of Use”). By using the Site you expressly agree to be bound by these Terms of Use and the Abayati privacy policy and to follow these Terms of Use and all applicable laws and regulations governing use of the Site.

“Using” this Site includes, but is not limited to, registering an account, viewing online Boutiques or products, browsing web pages, viewing member or user profiles or articles, or any uses via mobile applications, mobile devices, personal computers, email, telephones or other electronic devices.

Abayati reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If you violate these Terms of Use, Abayati may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you. Also, Abayati may in its sole discretion bar any Boutique, Shopper or other user that in Abayati’s opinion presents an imminent risk of harm to Abayati or any website user. Any new features or tools which are added to the current store shall also be subject to the Terms of Service.

Site Operation

The United Arab Emirates “U.A.E” is our Country of Domicile. Abayati controls this Site from the U.A.E. Abayati makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations, you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.

Eligibility for Membership

Abayati wishes to ensure that its members (Shoppers and Boutiques) are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore, membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of Abayati under this User Agreement or at law, Abayati reserves the right to limit or withdraw access to the Site or the membership of any person if Abayati believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by Abayati. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.

Registration Obligations and Account Privacy

When you register as a member on the Site you have been or will be required to provide certain information and register a username and password for use on this Site. On becoming a member of the Site, you agree:

1. You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify Abayati.shop of any unauthorized use of your password or account or any other breach of security. In no event will Abayati.shop be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
2. You agree to reimburse Abayati.shop for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorized such access. 
3. You will provide true, accurate, current and complete information about yourself as prompted by Abayati.shop registration form. 
4. You will not include: any of your contact details, including but not limited to email addresses, telephone numbers or other personal details in your registration user ID. 
5. You will treat any other member’s information provided to you by Abayati.shop or any other user as confidential. 
6. You will maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Abayati.shop has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms and Conditions, without prejudice to any other rights and remedies of Abayati.shop under this Terms and Conditions or at law, Abayati.shop has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site. Abayati.shop may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person’s authority to act on your behalf. You agree to provide any information and/or documentation to Abayati.shop upon such requests.
7. You acknowledge and agree that if you do not, Abayati.shop without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time. 
8. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
9. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
10. You must not transmit any worms or viruses or any code of a destructive nature. 
11. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Services and Related Fees

Abayati.shop is not an auction house nor a bank, and does not offer auction or banking services. The Site is an online platform allowing for the sale and purchase of items between Merchants and Shoppers. The purpose of our Service is to provide a simple and convenient service to Merchants, linking them to the Shoppers, concluding orders on their behalf and delivering the products to Shoppers.

Abayati does not own any of the products listed on the website, and has no involvement in their manufacture, production or distribution. Abayati relies in good faith that information provided by Merchants on the Website is accurate, and therefore does not warrant that such information is accurate, complete, reliable, current, or error-free. You should not rely solely on the information presented on the Website, and you should read labels, warnings and directions provided with the Products. Please let Abayati know of any errors that you find.

Membership for Shoppers on the Site is free. Abayati does not charge any fee for browsing and buying listed items on the Site. Abayati charges transaction fees to all Merchants when their item is successfully sold on the Site.

Abayati may choose to temporarily change the fees for our services for promotional events (for example, free shipping days) or new services, and such temporary changes are effective in accordance with their terms when we post them on the Site.

Delivery/Shipment Policy

Abayati will terminate the membership of any Boutiques that sell or attempt to sell  services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.

Multiple shipments/delivery may result in multiple postings to the cardholder’s monthly statement.

Disputes with Fragrane

If any dispute, claim, controversy or difference in respect of Abayati arises out of or in connection with or in relation to this Terms and Conditions (“Dispute”), including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this Terms and Conditions or this clause, or any question regarding the legal relationships established by this Terms and Conditions 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 a 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 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 Abayati to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and Abayati shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.

Limited License

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. Abayati may change, suspend, or discontinue any aspect of the Site at any time. Abayati may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

Your Information

You grant Abayati a non-exclusive, worldwide, perpetual, irrevocable, royalty-free to use any information or material, personal or otherwise, that you provide to us or other users of the Site and/or post on the Site in the registration for the purposes of operating and promoting the Site in accordance with this Terms and Conditions, subject to Abayati’s Privacy Policy.

Copyright Policy

Abayati may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.

Violation of Terms of Use

You understand and agree that in Abayati’s sole discretion, and without prior notice, Abayati may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if Abayati believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of Abayati, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to Abayati for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. Abayati may release user information about you if required by law or subpoena.

Advertising

The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. Boksha does not endorse, and is not responsible for the acts or omissions of any advertiser or sponsor.

Communication

Applicable Law

Multi-Currency Priced Transaction

Any charges imposed by the bank for transacting in a currency other than AED is the responsibility of the Shopper.