TERMS OF SERVICE


TERMS AND CONDITIONS

OVERVIEW

This website is operated by Abela & Co LLC. Throughout the site, the terms “we”, “us”, “our” and “Abela Online” refer to Abela & Co LLC. Abela & Co LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your city, state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

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). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

This website is owned and operated by Abela & Co LLC. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs images, illustrations, videos and software (‘content’), is owned by Abela & Co LLC, and its content providers. The Content is protected by copyright law, registered and unregistered trademarks, database rights and other intellectual property rights.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5- ORDER AND CONFIRMATION

Product orders must be placed online by the Abela Online customer at abelaonline.com In general, the Abela Online customer is responsible for all online purchases made through their Abela Online account. An order number will be allocated to the Abela Online Customer once the order has been duly validated and payment has been accepted. An order confirmation message will appear on the Customer’s screen and sent to the Customer by email with the order number. In the event that payment for the order is refused, the order will be cancelled, and the Customer will be notified by e-mail. The Customer's order is final. The Customer has no right of retraction or cancellation of the order, except with the prior explicit and exceptional agreement of Abela Online.

SECTION 6 - PRODUCTS OR SERVICES (if applicable)

Product offers are valid as long as they are visible on the website, within the limit of available stocks. In the event of the unavailability of all or part of the products ordered, the Abela Online customer will be able to cancel all or part of the unavailable order, subject to prior written confirmation from Abela Online.

In any event, no modification of the order (other than in the event of unavailability of products) will be accepted unless expressly agreed in advance by Abela Online.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new products, services and/or features through the website (including, the release of new tools and resources). Such new features and/or products or services shall also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments and/or feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Abela & Co LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Abela & Co LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - GOVERNING LAW

These Website Terms shall be governed by and construed in accordance with UAE law. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the Dubai courts.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at enquiries@abelaonline.com

RETURN POLICY

Abela Online takes customer satisfaction very seriously. In case of any problem with your order, please send us an email on enquiries@abelaonline.com and we will assist you. In appropriate cases, if you have already been billed, Abela Online will issue full or partial refund. In the following cases: if you did not receive your order or if you have received an incorrect order, you may be issued a full refund; if part of your order is missing, we may issue a partial refund. In every event, we will do our best to ensure your satisfaction. Refunds will be done only through the Original Mode of Payment used at the time of purchase.

Kindly ensure to check and confirm your items on delivery and return any unsatisfactory items to the driver at the time of the delivery. Please make sure to raise any delivery or quality concern to the driver at the time of delivery. Please be informed that we are unable to accept returns later due to potential safety issues. For any other concerns please email us at enquiries@abelaonline.com within 24 hours of delivery.

Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If your refund is approved, it will be processed, and a credit will automatically be applied to your credit card or original method of payment, in accordance with the issuing financial institution’s credit return policy.

Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account records. Then contact your credit card company; it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at enquiries@abelaonline.com .

In the event that a price happens to be clearly incorrectly displayed, whatever the reason (computer virus, manual error, technical error etc.), the order for the product concerned will be cancelled. Abela Online will inform the Customer as soon as possible. The Customer will be able, if he wishes, to reorder at the corrected and exact price.

In the event of a total or partial refund of a payment made by bank transfer, the refund will be effective within a minimum period of 10 days for payments made in full upon approval. Any payment incident will authorize Abela Online to impede the delivery of the ordered products.

In the event that, for any reason whatsoever, the debiting of sums owed by the Customer proves impossible, Abela Online will contact the Customer in order to rectify the situation. If the Customer does not rectify the situation within the period agreed with Abela Online, the sale will be immediately cancelled by operation of law and the electronic purchase process will be cancelled without the Customer being able to claim any compensation.

Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at enquiries@abelaonline.com

Order Cancellation (if applicable)

When you place an order on Abela Online and then if you decide you want to cancel your order, you can reach out to our dedicated WhatsApp number by contacting +971 50 659 2853 or email enquiries@abelaonline.com and let them know you want to cancel your order. You can cancel your order within 3 hours of placing it on our site. All messages that are received after business hours will be replied to the following day.

SHIPPING POLICY

The delivery of the order is made to the address provided by the Customer at the time his information on Abela Online, on his own authority. Delivery is made by road transport. The place of delivery must therefore be accessible by road.

Abela Online does not accept deliveries that require special equipment (boats, vats, lifts, etc.) or abnormal handling to unload the goods.

If events beyond the control of Abela Online, such as force majeure, strikes, administrative decisions, epidemic, pandemic, natural events (sand storm, landslides, storms...) or any other circumstances, have prevented or delayed the performance of its services, Abela Online cannot be held liable in any way. No compensation will be granted to the Customer in any of these situations.

Upon receipt of the order, the Customer undertakes to check the goods delivered (number of products, good condition of the products, etc.) and return any unsatisfactory items to the driver at the time of the delivery. Please make sure to raise any delivery or quality concern to the driver at the time of delivery. Unfortunately, we are unable to accept returns later due to potential health and safety issues. For any other concerns, please email us at enquiries@abelaonline.com within 24 hours of delivery.

In any event, in the absence of a reservation and written confirmation in the aforementioned forms and within the aforementioned time limits, the product order is deemed to have been delivered in compliance and any claim will be deemed inadmissible.

Absence of the Customer upon delivery: If the Customer does not arrange for a new delivery or collect his order within 3 days after the carrier's attempted delivery, this will have the effect of cancelling the sale. The sums paid by the Customer will then be retained by Abela Online as a compensation. It must be specified that it is not possible to make partial deliveries.

PRIVACY POLICY

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address, telephone number and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 - CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at enquiries@abelaonline.com.

SECTION 3 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 - SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

SECTION 5 - THIRD-PARTY PAYMENT PROVIDER SERVICES/NETWORK INTERNATIONAL

Network International Data Privacy policy

Network International will always ensure that your privacy is protected and secured. You can be assured that we shall use your personal information only in accordance with this privacy policy. Please read and understand the Network International Privacy Policy carefully to know our views and practices regarding your personal data and on how we use it.

Network International reserves the right to make changes to this policy at any point in time on its discretion, and accordingly update this page. Please check this page periodically to make sure you are happy with the changes.

Network Privacy Policy: https://www.network.ae/en/contents/view/privacy-notice

Network International Data Storage and access

The data we collect from you are stored in our system servers and will be treated with utmost confidentiality. Your personal information will be used only by Network International for all business transactions that require your information to complete the transactions

Network International may allow third party application to access your information in cases where a need arises for verification of your data and other validation purposes. Network International ensures that verification processes used by third party application will help to make your account safe from fraud or any money laundering.

Network International Security

Network International recognizes its responsibility to keep confidential and secure at all times any information which Network International receives in connection with a transaction. Network International has all the necessary electronic and physical procedures in place to keep your information secure in order to prevent any unauthorized access. When you log in to your Network International account, all internet communication is secured using Transport Layer Security (TLS 1.2) technology with 256-bit encryption security.

Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - PROTECTING CARDHOLDER DATA:

  • full contents of any track (from the magnetic stripe located on the back of a card, equivalent data contained on a chip, or elsewhere) are not stored after authorization.
  • Note: In the normal course of business, the following data elements from the magnetic stripe may need to be retained: To minimize risk, store only these data elements as needed for business.
    • The cardholder’s name,
    • Primary account number (PAN),
      • Expiration date, and
      • Service code
    • card verification code or value (three-digit or four-digit number printed on the front or back of a payment card) is not stored after authorization
  • personal identification number (PIN) or the encrypted PIN block is not stored after authorization
  • card verification code or value (three-digit or four-digit number printed on the front or back of a payment card) is not stored after authorization
  • access assigned based on individual personnel’s job classification and function
  • strict control maintained over the internal or external distribution of any kind of media
  • strict control maintained over the storage and accessibility of media
  • all media destroyed when it is no longer needed for business or legal reasons
  • policies and procedures require that a list of POS devices maintained

SECTION 7 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 8 - COOKIES

We have a list of cookies that we use. You can choose if you want to opt-out of cookies or not.

SECTION - AGE OF CONSENT

By using this site, 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.

SECTION 10 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at enquiries@abelaonline.com.