TERMS AND CONDITIONS
Last updated: 28 - November 2020.
Effective date: 01- December 2020.
- Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made between you as online Customer or Visitors), whether personally or on behalf of an entity (you), and Mawasim Albaraka Fruits and Vegetables LLC or its affiliates (Albaraka Orders) , Located at UAE, Abu Dhabi, Mina Zayed, Fruits and Vegetable market, Shop No 21(we, us), that states the terms and conditions under which you may use our website (https://www.Albarakaorders.com), our mobile applications (iOS & Android) (the Site and Apps are collectively, Platform) and receive Albaraka Orders service, which includes processing and delivery (or arranging for delivery) of groceries product by (the Albaraka Orders Service).
1.2 Your use of the Albaraka Orders Service and the Platform constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, Albaraka Orders or its affiliates or staff, then you may not use (the Site and Apps are collectively, Platform). On breach of this policy, Albaraka Orders will not be liable to any claims arisen from the use of our platform’s services or our products on any way directly or indirectly.
1.3 We may make changes to theses Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of (the Site or Apps are collectively) represents that you have accepted such changes.
1.4 We may update or change the Site or App from time to time to reflect changes to our products, our users’ needs and / or business priorities.
1.5 Our Store (App or Web) is directed to people residing in U.A.E. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would contrary to law or regulation or which would subject us to any registration requirement within jurisdiction or country.
1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
1.7 Additional policies which also apply to your user of the (Site or App) include:
- Our Contents.
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with the Acceptable Use Policy.
- Trade mark, Content, Copywrite.
- The Albaraka orders is a registered trade mark with Ministry of Economic and trade in U.A.E for Mawasim Albaraka Fruits and Vegetable company L.L.C
- We reserve the right to change, modify, or remove the contents of the site at any time or for any reason at our sole discretion without notice.
- The content on the Site is provided for general information only. It is not intended to amount advice on which you should rely. You must Obtain professional or specialist advice before taking or refraining from taking any action on the basis of the content of the products displayed on the Site.
- Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
- Unless other wise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our content) are owned or licensed to us, and are protected by copyright and trade mark laws in UAE.
- Except as expressly provided in these Terms and Conditions, no part or the Site, services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or other wise exploited for any commercial purpose whatsoever, without our express prior written permission.
- The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third-party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability, contents, and products.
- We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/ services from any third party who advertises in the site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/ or services and if you any questions or complaints in relation to them, you should contact the advertiser.
- Acceptable Use. As a user of this Site, you agree not to:
- Access or use the Site for any purpose other that that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
- You shall not (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and / or (b) make any purpose including error correction, any modifications, adaptations, additions or enhancements to the site or our Content.
- Provide any information that is untrue, inaccurate, not current or incomplete.
- User Registration. Account Roles & information. You represent and warrant that:
- All registration information you submit will be true, accurate, current and complete and relate to you and not to a third party.
- You will maintain the accuracy of such information and promptly update such information as necessary.
- User Name and Password: Access to the Platform is accomplished by creating an account through the use of a user name and a password that you choose upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your user name password and all use or charges incurred from use of the Albaraka Orders online store service with your password. You agree to notify Albaraka Orders promptly of any unauthorized use of your password and you will remain liable for any use of the Platform or Albaraka Orders Service until you notify Albaraka Orders.
- Your Account. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and authorized representative for your order. You can update your information in under your profile section on our Platform or contact our Customer Service department. Please do not send Card or other payment information via email. You agree that you will not provide fraudulent information / stolen Credit/ Debit cards and that you are solely responsible for any information you provide to Albaraka Orders and accept responsibility for all activities that occur under your account or password. You will comply with all UAE laws to your activities on the usage of Albaraka Orders Platform and with this Agreement.
- If you would like to update or correct information previously provided to us, please send an e-mail with your new information to cs@Albarakaorders.com, or you can update your account information yourself by going to Your Account on the Platform or you can contact our customer care at 800baraka (800227252). Please do not send credit card or other payment information via email or over phone to any staff of Albarakaorders.
- Term and Termination. These terms and Conditions shall remain in full force and effect while you use the Site or services or otherwise a user of the Site, as applicable. You may terminate your use at any time, for any reason, from your account settings under your profile or by contacting the customer support team on 800 baraka.
- Your Orders
- Ordering through the Platform. Orders must be received before posted cutoff times for a given delivery (see Delivery of Products below for details). Available delivery date and time windows and associated delivery fees and promotions will be shown during the ordering process. Delivery timeslots are available on a first-come first-served basis. To view delivery and cutoff times, visit the Delivery Info section of the Platform.
- Order confirmations. An email will be sent from our system once you complete the order process. A second order confirmation email will be sent out on the day / time of delivery. All our customers will have access to their historical orders under the order history section under customer profile. If something is missing from your order, please feel free to contact our Customer Service department on 800baraka between 9:00 AM to 9:00 PM UAE time.
- Order Modification. You can only modify the existing orders via calling our customer Happiness call center on 800baraka. Our customer Happiness agent will be happy to take your order modification request. Note that modified orders will result in a revised order confirmation and revised delivery date / time slot. Albaraka Orders will not guarantee the availability of your desired items at time of orders.
- Order Cancelation. You may cancel orders by contacting our Customer Happiness Center at 800baraka. Please see the Contact Us section of the Platform for Customer Service hours.
- Order cut-off time & delivery Slots. Albaraka Orders strives to maintain highest standards in customer satisfactions in terms of (a) quality of products, (b) Customer Service, and (c) exceptional experience for our delivery service. Therefore, we have limited number of delivery slots for same day delivery. i.e. once the slot is full you will be presented with the next available delivery slot. Our cut off time for same day delivery is at 6:00 pm UAE time. All orders beyond 6:00 pm will be delivered next day. If the next day delivery slots become full, we will deliver it on the next available day. Our Delivery times start from 7:30 am to 10:30 pm, 7 days a week including public holidays.
- Price & Availability. We at Albaraka Orders receive fresh products every day to assure you the highest quality. Albaraka Orders strives to provide you with great prices compared to the competition near your delivery address, and certain items may be priced differently depending on seasonality, Quality grade, packing, products types (organic / bio/ non organic) the sourcing farm, country of origin, and importing (Sourcing mode) Local source / by Air / by Sea / by Road.
- Products Substitutions. Due the perishable nature of our products, certain products may be unavailable due to market conditions beyond our control or quality that is below our standards. If we have an item that's very similar to the item you ordered, we will contact you with the available item substitutions. If you're not happy with the substitution, we will only authorize the available items from your shopping cart. If we are unable to fulfill your entire order with the items you order or appropriate substitutions, we will use reasonable efforts to contact you prior to delivery (which may include notice in your confirmation email) or a phone call to you registered mobile number.
Once you complete checkout, your price, or price per KG/grams/pack/Box (when applicable), is guaranteed unless you placed an order for an item where we have inadvertently listed an incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products; we will contact you immediately in such circumstances, and, of course, your payment method will not be charged.
- Products safety, (a) Packing hazardous. Please keep an eye on your little one, always dispose the packing materials. (b) chocking risk, pay extra attention to baby and kids when they consumed fruits and Vegetables and they should be under parental observation during any meal. (c) Allergic reaction. Please make sure when you do your shopping you are aware of all products that might cause allergic reaction to your family members. (d) Some products are used for home cleaning, please keep them away from kids and a safe locker. (e) Some products are high in caffeine such as energy booster drinks, please be aware of using them if you are in pregnancy or have any heart or Hypertension, diabetic diseases. (f) Always wash and sanitized your fresh fruits and vegetables using Vinegar and warm water.
- Orders Limitations. At any time, we reserve the right to limit your order or the quantity of a particular product that you may order. This is to allow wider base of our loyal customers to benefit from the listed attractive products prices.
- Orders Delivery Fee. Any such fee is not a gratuity for the delivery personnel who delivers or is otherwise involved with the delivery of your order and will not be given to any such delivery personnel as a gratuity. Delivery Service is free for certain areas. A delivery fee may be added to your order if your address is falling out of the delivery service coverage areas. Some Remote locations are subject to delivery fees as they are beyond our geo fence. In this case we use a third-party delivery companies to handle the logistics. For more details for delivery locations and charges. Please visit our FAQ’s page.
- If you wish to tip, it is our customer choice. Albaraka Orders delivery personnel are allowed to accept tips. Customers are under no obligation to tip delivery personnel but have the option of doing so if exceptional service is provided by the delivery personnel. Our customers can have an option to pay tips by cash or on COD machines that’s are available with our drivers.
- Variable Weight Orders. Many perishable items are individually prepared for you, the per-item price you see in your shopping cart for variable weight items is based on an estimated weight. The final price of these variable weight items will be based on the same price per KG/grams indicated at time of checkout, but the actual price charged is determined once we have prepared and weighed your order, and that actual price will appear on the invoice issued to you on the day of your delivery.
- Minimum Purchase within the city. Your order may be subject to minimum Purchase of 75 AED, not including taxes & delivery charges if applicable.
- Minimum Purchase out of City & remote Locations. There is a minimum basket order size set to 250 AED, not including taxes and delivery fees.
- Payment options
- Credit / Debit Card Payment. To place an order, you must have a credit or debit card, you can pay online or on delivery. We accept all types of debit cards and credit cards. Please visit our FAQ’s for supported cards. If you have an issue to use your card during delivery. You can always call service desk to use pay by link feature where you will get a link to share it with any one to make the payment on your behalf. (Visa, Master card, American Express, Apple pay)
- Card Authorization and Estimated Costs. Your Card will be charged for your order on the day your order is delivered. Since certain perishables are priced by variable weight and the actual price is not known until we have prepared and weighed your order, we require a Card authorization of the estimated cost of perishables, but only charge you the actual cost that is determined after preparing and weighing your actual items.
- Customers Credit cards / Debit Cards. Albaraka Orders will not process an order that attempts to use an incorrect, expired, or over-the-credit limit Card. We will make reasonable efforts to contact you if this occurs. Albaraka Orders may charge a redelivery fees if the order was not delivered due to non-availability of the authorized personnel from the customer side at the time of delivery for more than three attempts. Your right to use the Albaraka Orders Service is subject to limits established by Albaraka Orders and/or by your Card issuer.
- Cash on delivery COD. During COVID time our preferred option of payment is using online payment. Albaraka Orders customers should keep the exact cash changes ready in advance to hand it over to our delivery Agent. Please note we only accept UAE dirhams for cash on delivery transactions.
- Payment using Gift Cards. We have a number of Gift cards available to be purchased online or from our physical store which will be a valuable gift to your family or to your friends or to any charity establishment. The beneficiary can register online using our platform (Mobile or Web and he can place his order and use the card for completing the payments. You can call 800baraka to place an order and activate it for your beloved ones.
- Payment using Cash back or Wallet. Our customers will have the option to have their cash back rewards, cash from refunded orders or cash from canceled order deposited directly to their digital wallet under their profile at our platform for future order.
- Delivery Service.
- Delivery of Products. Albaraka Orders uses refrigerated VAN’s with freezer compartments to maintain the quality and integrity of your ordered products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. In an effort to meet the committed delivery times for all of our customers, our delivery personnel cannot wait more than 10 minutes for an inspection of the items delivered.
- Delivery Requirements. To receive delivery, you must live in a residential apartment or home or office address and you or an authorized representative must be present to receive your order from our delivery personnel during your selected delivery window. The authorized representative can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you, your doorman / maid, and your authorized representative are not present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery (15 AED redelivery fee may apply) for the same day. In such case, if we are unable to redeliver the order to you for any reason, the order will be cancelled. This will impact your order history status and rating.
- Unattended Delivery. In certain areas, Albarakaorders may offer unattended delivery. If available in your area, if you opted for the unattended delivery option, you, and not Albarakaorders, are solely responsible for products that are left at your delivery location as perishable items cannot be kept outdoor for a long time. To Avail this option, please contact our customer happiness service desk (800baraka) to make this arrangement as full payment of the ordered will be collected from the credit Card. Albarakaorders will process your payment over the phone by sending you a payment link.
- Inclement Weather and Unforeseen Delivery Complications. In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule which will cause us to suspend chosen delivery dates and times. If there will be a significant delay in delivering your order, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will attempt to deliver your order as quickly as possible when the conditions permit. We will never deliver an order past 10:30 PM without your consent. If your designated delivery location (e.g. street closure) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date to make the delivery.
- Site Management
- We reserve the right at our sole direction, to (a) monitor the site for breaches of these terms and Conditions; (b) take appropriate legal action against any against anyone in breach of applicable laws or these terms and Conditions; (c) restrict your access or disable your account.
- We also reserve the right to modify or discontinue all or part of the services without notice at any time.
- We can not guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or services during the downtime or discontinuous of the site or services.
- There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
- Warranty Disclaimer; Limitation of Liability; Indemnification
- YOU EXPRESSLY AGREE THAT USE OF THE ALBARAKA ORDERS SERVICE, THE PLATFORM, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE ALBARAKAORDERS SERVICE, THE PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALBARAKAORDERS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE ALBARAKAORDERS SERVICE, THE PLATFORM, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE ALBARAKAORDERS SERVICE; ALBARAKAORDERS DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. ALBARAKAORDERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, RELIABILITY, CORRECTNESS, ACCURACY, CONTENT, OR OTHERWISE OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE PLATFORM OR THE ALBARAKAORDERS SERVICES. ALBARAKAORDERS DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
- NEITHER ALBARAKAORDERS NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, ALBARAKAORDERS PARTIES) SHALL BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, THE ALBARAKAORDERS SERVICE, OR THE INTERNET. ALBARAKAORDERS’S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE ALBARAKAORDERS SERVICE AND TO TERMINATE THIS AGREEMENT. ALBARAKAORDERS RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER.
- You agree to defend, indemnify, and hold Albaraka Orders Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorney's fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from, your use of the Platform or Contents, or violation of this Agreement by you or through use of your account.