Terms & Conditions

TERMS & CONDITIONS

GENERAL TERMS AND CONDITIONS OF PURCHASE AND USE

1. INTRODUCTION

This document establishes the general terms and conditions that govern the use of this website (sheyaaka.com) and the purchase of products on it (hereinafter referred to as the "Conditions"). We urge you to read the Conditions, our Cookies Policy and our Privacy Policy carefully before using this website. When using this website or placing an order on it, you are bound by these Conditions and our Data Protection Policies. If you don’t agree with the Conditions and with the Data Protection Policies, do not use this website. These Conditions may be modified. It is your responsibility to read them periodically. If you have any query regarding the Conditions or the Data Protection Policies, you may contact us by using the contact form.

2. ABOUT US

Sheyaaka FZ LLC” maintains the website www.sheyaaka.com and all its subsidiaries. Sheyaaka FZ LLC is a virtual mall partnering with vendors in different countries. Sheyaaka FZ LLC is merely a portal through which the shopper can access information and material offered by the vendor regardless of their region. Sheyaaka FZ LLC is in not in any way responsible for the stock nor the information available for each item. Though we may act as mediators, our administrators are not responsible for solving the customer dispute, this is the sole responsibility of our vendors. Sheyaaka FZ LLC will promise the arrangement of delivery by the vendor and follow up on the delivery process with each of its shipping companies.

3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE 

The information or personal details that you provide shall be processed in accordance with the each of our Cookies Policy and Privacy Policy. When you use this website, you agree to the processing of the information and details, you also state that all information and details provided are true and correspond to reality. 

4. USE OF OUR WEBSITE 

When you use this website and place orders through it, you agree to:

1. Use this website to make enquiries and legally valid orders only. 
2. Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorised to cancel it and inform the competent authorities.
3. Provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary (see our Privacy Policy). If you do not provide us with all the information we need, you cannot place your order. When you place an order on this website, you state that you are over the age of 18 and are legally eligible to enter into binding contracts. 

5. SERVICES

The Services we offer allow you to search through the Website and purchase products from a large number of Partner stores and brands worldwide. As part of the Services, we also provide some ancillary services such as arranging delivery of the products, providing you with customer service assistance and payment processing without charge.

6. SERVICE AVAILABILITY 

Delivery service for the articles offered on this website is available locally and internationally. 

7. CONTRACT

The contract for the purchase of the products is between you and the relevant Partner. We are acting as agent and are authorized by the relevant Partner to conclude the contract on its behalf but we are not a party to that contract and you are not purchasing the products directly from us.

We request that all Partners using the Website have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Partners’ business policies. If you are unhappy with the product or service you have received from a Partner, you should contact us and we will liaise with the relevant Partner on your behalf to try and resolve the issue.

8. FORMALISING THE CONTRACT & ORDERS

This contract is formalized the moment you start browsing our platforms and whenever you complete an order.

To place an order, you must follow the online purchasing procedure and click on "Make Payment". After doing so, you will receive an email confirming receipt of your order (the "Order Confirmation"). This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by the Partner. The contract between you and the Partner in relation to the products will not be formed until we have checked that the Partner accepts your order. This email will be followed with “order has been shipped” which means that the partner has accepted and shipped your order. Only those products listed in the dispatch confirmation email are included in the contract between you and the Partner. These Conditions and the Contract constitute a written agreement between us. An electronic receipt with the details of your order will also be attached to the Shipping Confirmation (the “electronic receipt”). 

9. TECHNICAL MEANS TO CORRECT ERRORS

In case you detect that an error occurred when entering your personal data during your registration as a user of this website, you can modify them in the “My Account” section. In any case, you will be able to correct errors related to the personal data provided during the purchase process by contacting the customer service via the email address [e-mail]. This website displays confirmation boxes in various sections of the purchase process that do not allow the order to continue if the information in these sections has not been correctly provided. Also, this website offers details of all the items you have added to your shopping cart during the purchase process, so that before making the payment, you can modify the details of your order. If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service, via the email address above to correct the error.

Clients have the sole responsibility for maintaining the confidentiality of his account

10. AVAILABILITY OF PRODUCTS 

All product orders are subject to availability at our partners warehouses, Sheyaaka FZ LLC does not have its own warehouse. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, this information will be provided at the time of discovery and those products will be removed from your order. We will reimburse any amount that you may have paid.

11. PRODUCT DETAILS

We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact our Customer Service Advisors if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colors accurately, we cannot guarantee that your computer's display of the images accurately reflects the true color of the products.

We do not allow Partners to offer flawed items or products of lower quality than the corresponding market standards for sale on our platforms. If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to us and we will liaise with the Partner on your behalf. Once the item is received by the relevant Partner, you will receive a full refund of the defective product, or a replacement for the item where possible. 

12. REFUSAL TO PROCESS AN ORDER

Our partners reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same. For the sake of transparency, there may be exceptional circumstances that force our partners to refuse to process an order after having sent the Order Confirmation. You will be reimbursed promptly if this case shall ever arise, and we promise to investigate the causes of this with certain measures taken against the partner in question. As Sheyaaka FZ LLC , we shall not be liable to you or to any third party for the removal of any product from this website, or for removing or modifying any material or content from the website or not processing an order once we have sent the Order Confirmation. 

Sheyaaka FZ LLC does not trade with or provide any services to OFAC (Office of Foreign Assets Control) and sanctioned countries in accordance with the law of UAE’

13. DELIVERY

Estimated delivery date of products will be stated in your order confirmation email. If you do not receive an estimated delivery date from us, we will deliver the order within 30 days after the date of dispatch.

We (and not the Partners) supply delivery services to you and we will try to ensure that your order is delivered by the estimated delivery date if given,) but there may be circumstances where delivery is delayed because of events beyond our reasonable control. If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.

Delivery times may vary depending on the availability of the products and your delivery address.

 If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid. To elaborate further, there may be circumstances where delivery is delayed because of events beyond our reasonable control (please see section 25 below for further information). If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay. The "delivery" shall be understood to have taken place or the order "delivered" as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by you. 

Orders made from different vendors will have separate parcels and AWBs for tracking unless otherwise mentioned.

14. TRANSMISSION OF RISK OF THE PRODUCTS

 The products shall be under your responsibility from the moment the delivery is confirmed by the courier and the ownership has been rendered to you. 

15. PRICE

Products purchased on Sheyaaka.com may be subject to certain tax and duties that apply in your country of residence or selected shipping destination. Although we make every effort to ensure that the prices featured on the website are correct, error may occur by any of our partners. If an error in the price of any of the products that you have ordered was discovered, our partner will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If you weren’t reachable for any reason, the order will be considered cancelled and all amounts paid will be reimbursed to you in full. There is no obligation to provide you with any product at the incorrect lower price (even when we have sent the Shipping Confirmation). The prices on the website are final, but exclude delivery charges, which are added to the total price upon checkout. Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders for which we have sent an Order Confirmation.

16. PAYMENT

1. Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process in the Shopping Guide. Also, if you are a registered user, a record of all the orders placed by you is available in "My Account" area. You may use, as payment method, the following cards: Visa Card, Master Card and American Express. Furthermore, certain shipping destinations can pay for their order to the courier in cash when they deliver your order. To minimize the risk of non-authorized access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorization on your card to ensure that there are sufficient funds to complete the transaction. Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any Contract with you. 

It is advisable that the Cardholder must retain a copy of transaction records and Merchant policies and rules.

Sheyaaka FZ LLC” maintains the https://www.sheyaaka.com/ and all its platforms.

1. Accepted Currencies:

Sheyaaka FZ LLC accepts USD and AED as a currency of payment, other currencies to be added at a later date. Updates will be added to this policy in due time.

17. BUYING GOODS AS A GUEST

The functionality of buying goods as a guest is also available on our platforms. Under this type of purchase, only such data which are essential to process your order will be requested from you. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continuing as a non-registered user. 

18. CANCELLATION and ORDER AMENDMENT POLICY

You may contact us at any time prior to your Order being accepted and marked as “Shipped" on our online Order tracking system to cancel it (ideally prior to 12-24hr). If you do so, we will at your request cancel it free of charge and issue you with a full refund.

Outside sale periods, our registered clients have the option to change their order within 60 minutes of making said order  under the “orders” tab in the “My account” page. To do so, click on the order you wish to edit, add or remove items as desired.

19. RETURN POLICY 

19.1 Returns and Refunds

 If you are contracting as a consumer, you have the right to withdraw from the Contract in other words, return all or some of the products received, within 10 days. The withdrawal period will expire after 11 days from the Shipment Receipt Confirmation (order delivery confirmation) provided through your selected shipping company. To exercise the right of withdrawal, you may notify us by filling the return form found under “My Account” tab or by writing to our customer service, of your decision to withdraw from this contract. We will execute the refund to the same payment solution initially used by the customer. The refund will include all the payments received excluding delivery charges plus any additional charges without any undue delay after which the items are received. This service is exclusive to prepaid transactions. The client can also choose to have the value refunded as Sheyaaka credit, any of the chosen refund methods for prepaid transaction will be settled without delay. The internal processing time frame for mentioned refund varies between 3 to 5 working days, please allow an approximate of extra 14 working days for bank to bank processing time. However, clients who opt to cash on delivery payment method will have the amount credited to their Sheyaaka account to be used on a later date.

19.2 Exceptions

 You shall not have the right to withdraw from the Contract or return the items and be reimbursed when: 

• Goods returned are not returned sealed as per their original packaging.
• Goods show evidence of wear and tear

Your right to cancel the Contract shall apply exclusively to the products that are returned in the same condition in which you received them. No reimbursement will be made if the product has been used once it has been opened, for products that are not in the same condition as when they were delivered or if they have been damaged, so take care of the products(s) while in your possession.

Please return the products using or including all their original packaging, instructions and other documents, if any, accompanying the products. Upon cancellation, you are required to log in to your account and go to returns and fill in the form, we will coordinate with our shipping partners for the pick up of the products from the address of which the items were initially delivered to. You should send the product in its original packaging and follow the directions on the "RETURNS" section of this website. If you have bought any goods as a guest, you may request returns by Courier by sending an email to [e-mail] or fill in the Return Order Made as Guest form. None of the above options will entail any additional cost to you. After examining the article, we will inform you of whether you have the right to reimbursement of the amounts paid. The refund will be paid as soon as possible 

20. EXCHANGE POLICY

Sheyaaka FZ LLC offers a limited exchange policy. This means that items cannot be exchanged unless they are exchanged for others from the same store they were purchased from. In addition, this service is limited to registered users only. There are no refunds option in this case and the client covers the shipping fees of their new order. Go to our exchange policy to learn more.

21. INTELLECTUAL PROPERTY 

You recognize and agree that all copyrights, registered trademarks and other intellectual and industrial property rights to the materials or contents provided as part of the website belong at all times to us and to the partner that published this material. You may NOT use said material unless you has clear authorization. This does not prevent you from using this website to the extent necessary to copy the information on your order or contact details. 

22. VIRUSES, PIRACY and OTHER COMPUTER ATTACKS

You must not make undue use of this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorized access to this website, the server on which the site is hosted or any server, computer or database related to our website. You undertake not to attack this website through any means of attack. Failure to comply with this Clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this Clause, authorization to use this website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects you.

23. WRITTEN COMMUNICATION

The applicable regulations require that some of the information or notifications that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you by email or we will provide you information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your statutory rights. 

24. NOTIFICATIONS 

The notifications that you send us must be sent preferably through our contact form. Pursuant to the provisions in Clause 22 above and unless otherwise stipulated, we may send you notifications either by email or by SMS which you provided us when placing an order. It is understood that notifications will be received and acted upon as soon as they are posted on our website, 24 hours after they have been sent by email or SMS. As proof that the notification has been sent it shall be sufficient to prove, in the case of an email, that the notification was sent to the email address specified by the recipient. 

25. EVENTS BEYOND OUR CONTROL

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control ("Force Majeure"). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following: i. Strike, lockout or other forms of protest. ii. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war. iii. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster. iv. Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private. v. Inability to use public or private telecommunication systems. vi. Acts, decrees, legislation, regulations or restrictions of any government or public authority. vii. Strike, failure or accident in maritime or river transport, postal transport or any other type of transport. It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure. 

26. WAIVING RIGHTS 

The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations. The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions. The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalized and notified to you in accordance with the provisions of the Notifications and Written Communication sections listed above.

27. PARTIAL ANNULMENT

Should any of these Conditions or any provision of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment. 

28. ENTIRE CONTRACT

These Conditions and any document referenced in the same constitute the Entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing. The Parties acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other Party or that could have been inferred from any statement or document in the negotiations entered into by the two Parties prior to said Contract, except those expressly mentioned in these Conditions. Neither Party shall take any action regarding any untrue statement made by the other Party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently). The only action that may be taken by the other Party shall be due to breach of contract in accordance with the provisions of these Conditions. 

29. OUR RIGHT TO MODIFY THESE CONDITIONS 

We have the right to review and modify these Conditions at any time. You are subject to the policies and Conditions in effect at the moment in which you use this website or place each order, except when by law or decision of governmental entities we must make changes retroactively to said policies, Conditions or Privacy Policy. In this case the possible changes will also affect orders made previously by you. 

30. APPLICABLE LEGISLATION AND JURISDICTION

 The use of our website and the product purchase contracts through said website shall be governed by laws of the United Arabs Emirates. Any controversy that arises or is related to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of the courts. If you are entering into the contract as a consumer, nothing in this Clause shall affect the statutory rights you have, as recognized in any applicable legislation in this area.