Terms & Conditions
Please read the Terms carefully before accessing or using the information and services available through this Website.
These Terms will constitute a legal agreement between "you" (the user of this Website) and Bayara. If you do not agree to, or cannot comply with, the Terms, please kindly refrain from using this Website.
1. BASIS OF USE OF THE BAYARA SITE
- 1.2 These Terms and Conditions govern your use of the shop.bayara.com in all services provided in connection with it.
- 2.1 You are eligible to register on shop.bayara.com if you are over eighteen years of age
- 2.2 You are able to provide an address in the UAE for delivery of products ordered through bayara.com
- 2.3 You are required to provide information that is true, accurate, current and complete in all its aspects, at registration, or at any other time.
3. PASSWORD AND SECURITY
- 3.1 When you register to use the shop.bayara.com site you will be asked to create a password. The account password you provide should be unique and kept secure and you are responsible for maintaining the confidentiality of, and restricting access to and use of your account and password. You will accept responsibility for all activities and orders that occur or are submitted under your password. You agree to immediately notify our Customer Service of any breach of security or unauthorized use of your password and/or account.
- 3.2 We may ask you to change your password or we may suspend or cancel your account if we have a reason to believe that there is likely to be a breach of security or misuse of the shop.bayara.com, per paragraph 21 of these Terms and Conditions.
4. INTELLECTUAL PROPERTY
- 4.1 All right, title and interest in shop.bayara.com, including any derivative works thereof is protected by copyright, trademarks, database and other intellectual property rights. You may view and use the content only for your personal, non-commercial use and for shopping and ordering and you shall retain intact all copyright and other property notices. Except as provided in the foregoing, shop.bayara.com does not grant you or any person to reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the shop.bayara.com without written permission from shop.bayara.com.
- 4.2 No licence is granted to you in these Terms and Conditions to use any trademark of shop.bayara.com, or its affiliated companies. “Intellectual Property” means all trademarks, patents, inventions (whether patentable or not), copyrights, moral rights, product designs, design rights, trade names, business names, service marks, logos, service names, trade secrets, domain names, database rights and any other intellectual property or proprietary rights (whether registered or unregistered) including rights in computer software and all registrations and applications to register any of the aforesaid items.
- 5.1 You are not authorized to use the shop.bayara.com for any of the following purposes (including any use by you or any other person of the Community sites - see paragraph 6 below for further information about the Community sites): • Gaining unauthorised access to other computer systems • Interfering with any other person's interaction with the shop.bayara.com • Impersonating someone else • Taking action that can Interfere or disrupt networks or websites connected to the shop.bayara.com site • Making, transferring, downloading, or storing electronic copies of materials protected by copyright without the written permission of the owner • Transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters or “spam” • Referring to specific website addresses outside of shop.bayara.com Advertising.
- 5.2 shop.bayara.com has the exclusive right to refuse to post material on the shop.bayara.com or to remove material already posted on the shop.bayara.com site. You are not authorized to re-post material that shop.bayara.com has refused to post on the Bayara site or has previously been removed from the shop.bayara.com.
- 5.3 You will be responsible for all losses, costs and expenses reasonably incurred by us, all damages awarded against us by a court and all sums paid by us as a result of any settlement agreed by us arising out or in connection with:
Any claim by any third party that the use of the shop.bayara.com site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or is in breach of any applicable law, regulation or code of practice; and
Any claim by any third party that the use of the shop.bayara.com site by you infringes that third party's copyright or other intellectual property rights of whatever nature.
- 5.4 By submitting material you are granting shop.bayara.com perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sublicense the material in whole or in part and in any form.
- 5.5 Bayara shall not be liable to you or be deemed in breach of these Terms by reason of any delay in performing, or any failure to perform any of our respective obligations under these Terms, if the delay or failure was due to any cause beyond our reasonable control. This may include any act of god; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials. Failure of power supply; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute; or owing to any inability to procure materials required for the performance of the Terms.
6. USE OF COMMUNITY SITES
- 6.1 For complete customer experience, the shop.bayara.com includes a number of community sites, such as message boards and other user forums (the “Community sites”).
- 6.2 You are responsible for keeping your personal Information secret and safe on the Community sites (for example, your address, telephone number or email).
- 6.3 shop.bayara.com does not control or moderate the information, products, or services made available on the Community sites. Bayara is not responsible or liable for the availability or operations of Community sites. However, shop.bayara.com reserves the right to refuse to post material, to remove material posted on the Community sites and to contact you in the event that there are concerns about the content you have added to a Community site. shop.bayara.com may review or edit the content of the Community sites.
- 6.4 shop.bayara.com is not responsible or liable for the protection of User’s Information privacy or the validity of any opinion, advice, information or statement displayed on the message boards by third parties. The views expressed by individuals do not to any extent represent the views of shop.bayara.com.
7. THIRD PARTY WEBSITES
on the Internet that are owned and operated by third parties (the “External Sites”). These links are provided solely as a convenience to you and not as an endorsement by Bayara of the contents on such External Sites. You acknowledge that Bayara is not responsible for the availability of, or the information and content of any External Site. If you decide to access linked third party websites, you do so at your own risk.
8. ADVERTISING AND SPONSORSHIP
Some areas within the shop.bayara.com may contain advertising and sponsorship. Third party advertisers and sponsors are liable for ensuring that all materials submitted for inclusion on the shop.bayara.com site comply with relevant laws and codes, and are correct. Each User further agrees that shop.bayara.com shall not be responsible or liable, directly or indirectly, for any cost or damage caused by any error or inaccuracy in advertising and sponsorship material provided by third parties.
9. AVAILABILITY OF THE BAYARA SITE
- 9.1 While we make every effort to ensure that the shop.bayara.com is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site. You should report any fault in availability and/or service to your Customer Service (see paragraph 24 below for contact details) or by email at firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
- 9.2 We reserve the right to suspend, cease the operation, or restrict access of the Site from time to time at our sole discretion for repairs, maintenance or the introduction of new features or services.
- 9.3. Some purchases made on the shop.bayara.com will also be governed by specific product terms – if you have any questions related to purchasing of any product, please contact our Customer Service for further assistance.
10. DESCRIPTIONS AND PRICES OF PRODUCTS
- 10.1 Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites which may be of interest. Please note that products may vary from their descriptions and product images, or may vary slightly from the actual product. If you wish to obtain further information, please contact Customer Service Descriptions/performances of products stated against each are based on the catalogue and technical literature provided by Bayara. Therefore, the write up provided against each product is of shop.bayara.com and subject to change without prior notice.
- 10.2 Prices may sometimes differ between other sites or stores and shop.bayara.com; you will be charged the price on the shop.bayara.com upon use of this site. We are under no obligation to honour any other site price or promotion in the event that it differs from those on the shop.bayara.com.
- 10.3 If, by mistake, we have underpriced a product, we will not be liable to supply that product to you at the stated price, provided that we notify you before we dispatch the product to you. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the product at that price. No cash refunds will be made, a voucher will be provided.
- 10.4 You are responsible for providing accurate and current payment information and you agree to promptly update your Account information, including payment information, with any changes that may occur. The payment may be processed prior to bayara.com/eshop dispatch of the product that you have ordered.
- 10.5 The price of a product does not include the delivery charge, which will depend on the delivery method you choose and will be added during checkout. shop.bayara.com reserves the right to change the fees related to your order at any time. See paragraph 15 below. Prices shown for our products on the Website are in AED and are exclusive of taxes. These prices are subject to change at any time in our sole discretion.
11. AVAILABILITY OF PRODUCTS
- 11.1 All products advertised on shop.bayara.com are subject to availability or while stocks last (as may be applicable).
- 11.2 We try to ensure that we always stock the full product range and will let you know if the product is out of stock. If the product is unavailable after an Order is placed, you will be informed accordingly by email as soon as possible about the partial cancellation of your order. In that event, you shall not be charged for that product and the charged amount will be reversed to your account within 7-14 business days or as per the bank policy.
- 11.3 In the interests of all our customers, we may place restrictions on bulk buying of some products. shop.bayara.com reserves the right at our sole discretion, to limit the quantity per person, per household or per order. The said limitations may be applicable to orders placed by the same account, the same credit card and also to orders that use the same billing and/or shipping address. shop.bayara.com will provide notification to the customer should such limits be applied.
12. ACCEPTANCE OF ORDERS
- 12.1 All purchase orders shall be subject to these Terms and Conditions. Each purchase order shall be subject to acceptance by shop.bayara.com. Once your order has been accepted, we will send you an order acknowledgement email detailing the products you have ordered.
- 12.2 No purchase order shall be binding on shop.bayara.com until we send you an email notifying you of the order acknowledgment. At this point, a purchase order becomes binding for both parties: for you to buy and for us to sell the products that you have ordered from us.
- 12.3 After the acknowledgement email has been sent, you cannot amend your order (but please see your right to cancel an order in paragraph 15 below).
- 12.4 At any point up until we accept your order and send you the acknowledgement email, we may decline to supply a product to you. If we decline to supply a product to you and you have already paid for it, we will give you a full refund of any amount already paid for that product per articles 16 and 17 stated below our Refund policy.
- 13.1 Delivery will be made to the Delivery Address you provided in your order. At the point of delivery, you must present to our courier partners the identity verification of the Consignee by presenting passport, driving license, Emirates ID, Free zone ID,
- 13.2 Please note that we do not do international shipping.
- 13.3 Bayara uses a variety of delivery methods, depending on payment method or the size of your order.
- 13.4 We make considerable effort to deliver all your products within 24-48 working hours of the date of your order. If the circumstances arise that are beyond our control, we shall not be liable if we fail to do so in part or in full. We shall contact you to let you know if we are having any problems getting a product to you within that time. (Contact Customer Support if further information is required)
- 13.5 Before ordering online you should do the following: • If you live in an apartment, check if the lift is adequate to take delivery in size and weight. • You should ensure the clear path to your house or apartment. Please inform as in advance if there are any access difficulties.
14. CANCELLING YOUR ORDER IF YOU CHANGE YOUR MIND
- 14.1 Please note that shop.bayara.com will not be able to cancel orders that have already been placed or shipped.
- 14.2 For details of how to submit a complaint contact customer support on +971 54 793 9001.
15. FAULTY PRODUCTS
- If your products arrive damaged or defective, you may complaint about them and obtain a replacement product. Please visit our Returns and Refunds Policy for details.
- 15.1 If a product is defective then the item will be replaced for the same product ordered at no extra charges.
16. REFUNDS ON shop.bayara.com SITE
In the eventuality that the products that you receive are either defective or not as per your order, Bayara will replace the products for the same value only.
17. PAYMENTS AND CARDS
- 17.1 Payment for your products will be taken at the time you place your order.
- 17.2 We don’t store cards.
- 17.3 When ordering from the shop.bayara.com, we accept orders only from web browsers that permit communication through Secure Socket Layer (SSL) technology, for example a 7.0 version or higher of Internet Explorer, version 3.5 or higher of Firefox, Chrome version 10 or higher and Safari version 5 of higher. This means that you cannot inadvertently place an order through an unsecured connection.
- 17.4 All customers will be charged in local currency relating to the country of the order. If a foreign currency credit card is used, the currency conversion will be handled automatically by your credit card network using their exchange rates and fees. This may cause discrepancies in the price invoiced to you and the amount your credit card has been charged with.
- 17.5 Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide us when accessing or ordering from the Website.
We may periodically add to, modify or otherwise update these Terms and Conditions at our sole discretion. We will communicate these changes to our customers via Email. If you do not have an account on shop.bayara.com, we recommend that you visit this page every time you make a purchase as you are bound by such additions, modifications or updates. Your use of shop.bayara.com and/or purchase of products constitute your acceptance of the new Terms and Conditions.
These Terms and Conditions were last updated on June’2022.
19. RIGHT TO SUSPEND OR CLOSE YOUR ACCOUNT
You agree that you will not violate any laws in connection with your use of the shop.bayara.com. We may suspend or close your account immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions or if you do not act in accordance with any local, state or international law that may apply to you. You will not be able to order products on the shop.bayara.com site if your account is suspended or closed.
20. WARRANTIES AND GUARANTEES
- 20.1 shop.bayara.com is provided by Bayara without any warranties or guarantees.
- 20.2 shop.bayara.com site will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems, you may experience. If shop.bayara.com is informed of any inaccuracies in the material on the shop.bayara.com, we will attempt to correct the inaccuracies as soon as we reasonably can.
- 20.3 In particular, we disclaim all liabilities in connection with the following: - Incompatibility of shop.bayara.com site with any of your equipment, software or telecommunications links; and - Technical problems including errors or interruptions of shop.bayara.com.
- 20.4 If we are in breach of these Terms and Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you order the relevant product or the time you otherwise use shop.bayara.com.
- 20.5 Because we sell products for personal use only, we are not liable for any reputation losses, good will losses, and business losses, such as lost profits, lost sales or business interruption.
- 21.1 You may not transfer any of your rights under these Terms and Conditions to any other person or business. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
- 21.2 If you breach these Terms and Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms and Conditions.
- 21.3 Neither party shall be responsible for any breach of these Terms and Conditions, caused by circumstances beyond that party's control.
- 21.4 Except as expressly set out in these Terms and Conditions, all use of your personal information will be made in accordance with our Privacy and Cookies Policy.
22. GOVERNING LAW AND JURISDICTION
These Terms as well as your access to shop.bayara.com is subject to and governed by the laws of United Arab Emirates as applied in the Emirate of Dubai without giving effect to conflicts of law principles thereof. Any dispute regarding this Terms or our handling of your Personal Information and General Information is subject to the exclusive jurisdiction of the Courts in Dubai.