Dear Alabalii customer,

By accessing or using Alabalii, you indicate that you have read, understood and agree to be bound by the Terms and to the collection and use of your information as set out in the Alabalii privacy policy (“Privacy Statement”) , to the extent permitted by the applicable law.

Alabalii provides website features and other products and services to you when you visit or shop at Alabalii, use Alabalii products, or services, use Alabalii mobile applications or use software provided by Alabalii in connection with any of the foregoing ("Alabalii Services").

 

Affiliate” means, with respect to a particular person, any entity that directly or indirectly controls, is controlled by, or is under common control with such person. Please see our Privacy Statement to understand how we collect and process your personal information through Alabalii Services. Alabalii provides the Alabalii Services and sells our products to you subject to the Terms.

Services Used

Alabalii is an online marketplace that allows individual users (buyers) to choose from a variety of ready and customized gifts. By using Alabalii and Alabalii Services, you understand that you may not be buying directly from Alabalii, but through one of the gift providers on Alabalii.

We act as a link between our customers and other companies and local businesses that are legally established and that act responsibly and are compliant with the local consumer protection act. Alabalii is not responsible for testing or assessing, and we do not warrant the offerings nor the products of, any of these businesses or individuals or the content of their products. However, we have strict policies in terms of vendor and items selection.

Alabalii does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. If a third party (“3P”) is involved in your transactions, we may share your information related to those transactions with the relevant 3P.  

We allow 3P sellers to list and sell their products on Alabalii. While Alabalii helps facilitate transactions that are carried out on Alabalii, Alabalii is not the buyer nor the seller of the relevant items.

Where Alabalii is not selling its own products, Alabalii provides a platform for sellers and buyers to buy and sell their products respectively. Accordingly in such cases, the contract formed at the completion of a sale for these 3P products is only formed between the buyer and seller. Alabalii is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent.

Alabalii selected vendor is solely responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.

 

Accounts & Payment Policy

To use Alabalii Services including accessing our subscription facility, you may need to create  an account, and you may be required to be logged into the account and have a valid payment method associated with the created account.

 If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. 

When you create an account with us you represent and affirm that the information you provide is accurate, complete, and current. Inaccurate, incomplete or obsolete information may result in termination or suspension of your account.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. To the extent permitted by applicable law, you accept responsibility for any and all activities or actions that occur under your account and/or password.

You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Alabalii immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.

You must not use any Alabalii Service:

  • in any way that causes, or is likely to cause, any Alabalii Service, or any access to it to be interrupted, damaged or impaired in any way, or
  • for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or
  • to cause annoyance, inconvenience or anxiety.

 

Electronic Communication

When you use any Alabalii Service or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or mobile app.  

For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication. 

Age

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

Purchases and Payments

If you wish to purchase any product or service made available through the Alabalii website, you may be asked to supply certain information relevant to your purchase such as your credit card number, the expiration date of your credit card, your billing address, and your shipping information

You vouch that

  • you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase
  • The information you supply to us is true, correct and complete. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction when such charges are incurred.

The service may employ the use of 3P services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our policy. You acknowledge that Alabalii is not liable for any breaches of credit card or debit card security or privacy.

We do our best to ensure that the information on our website concerning products availability is true and complete, but we reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

Liability Limitation

In no event shall Alabalii, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, revenue, contracts, anticipated savings, data, use, goodwill, wasted expenditure, or other intangible losses including any indirect or consequential losses that were not foreseeable to yourself or us at the commencement of using Alabalii Services, resulting from

  • Your access to or use of or inability to access or use Alabalii
  • Any conduct or content of any 3P on Alabalii
  • Any content obtained from Alabalii, unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Your access to Alabalii Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. Alabalii will not be held liable for any disruptions that may be caused due to this.

Alabalii will not be liable nor held responsible for any delay or failure to comply with our obligations under these conditions if such delay or failure arises from any cause which is beyond our reasonable control.

 

Questions & Feedback

Alabalii welcomes your questions or comments with feedback and ideas regarding these Terms. If you believe that Alabalii has not adhered to these Terms, please contact us.

No Waiver

Failure of Alabalii to take action on the breach of any of the Terms shall not amount to a waiver of such breach or acceptance or variation by Alabalii. Furthermore, no waiver by Alabalii of any breach of the Terms, express or implied, shall serve as a waiver of another breach of the same nature and Alabalii will still be entitled to use the applicable rights and remedies. 

 

Applicable Law and Jurisdiction

These Terms and the Privacy Statement are governed by and construed in accordance with the laws of the Dubai International Finance Center (“DIFC”). If any dispute, claim, difference or controversy arising out of, in relation to or in connection with any of the terms and conditions herein, including in relation to your use of any Alabalii Service, or any products and/or services sold or distributed by or through Alabalii, or the existence, validity, interpretation, performance, breach or termination and/or any dispute relating to any non-contractual obligations arising out of or in connection with them (for the purpose of this section, a “Dispute”) qualifies for determination through the courts shall have exclusive jurisdiction to settle any such Dispute and each party submits to the exclusive jurisdiction of the courts of the DIFC.

 

Terms and Privacy Statement Updates

We reserve the right, at our discretion, to change, modify, add, or remove portions from these Terms at any time. If we decide to change our Terms (including the Privacy Statement), we will post the revised Terms here so that you will be informed of such changes. Your continued use of the website indicates your assent to the Terms as posted. Please check this page periodically for changes to these terms.

We may e-mail periodic reminders of our notices and conditions, however, you should check our website frequently for changes. Unless stated otherwise, our current Terms and Privacy Statement applies to all information that we have about you and your account.