TERMS & CONDITIONS
TERMS OF USE OF THE WEBSITE
LEGAL NOTICE
The Website is operated by Qvie Food & Beverages Trading L.L.C, trading as Qvie, a limited liability company duly organized under the laws of the United Arab Emirates, under the Commercial License number 775596, whose registered address is at P.O. Box 5000553, Dubai, United Arab Emirates (“Qvie”, “us”, “we”, “our”).
The Website is provided to you for your personal use subject to these terms and conditions and any other rules posted on the Website (including our Privacy Policy) (the “Terms and Conditions”).
By visiting the Website, you agree to be bound by, consent to comply with, and consent to the practices described in, these Terms and Conditions, which govern your access and use of the Website and all content and functionalities available on the Website (or any of our other websites and related micro-sites accessed through the URL www.qvie.ae and related domain names) (the “Services”).
If you wish to use our Services, you must read and agree to be bound by our policies relating to those Services. In particular, your attention is drawn to our policies relating to the terms of purchase and our Privacy Policy.
If you are aged under 18, you must let your parent or legal guardian know about our Privacy Policy before you register to use this Website or any of the Services and you represent and warrant that you have obtained the consent of your parent or legal guardian to purchase the products offered for sale in the Website
INTELLECTUAL PROPERTY
Your use of the Website and its contents does not grant you any copyright, design, trademark or other intellectual property rights relating to the Content (as described in the Content section below), including our software, HTML or other code contained in the Website. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Website is typically protected by national and international intellectual property laws and treaties. You are permitted to use the Content only as expressly authorized by us or the licensor of such Content. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, linking, commercially exploiting, copying and use of the above listed materials on any other server, location or support for publication, reproduction or distribution is expressly prohibited.
CONTENT
In addition to the Intellectual Property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Website. We have made every effort to ensure that the information on the Website accurate and complete but we cannot promise that Content is error-free. We also do not promise that the functional aspects of the Website or Content will be error free or that this Website or the servers that make them available are free of viruses or other harmful components. We always recommend that you have up to date virus checking software installed.
USER GENERATED CONTENT
By providing a review you agree to be solely responsible for the content of all information you contribute. You also grant us a right to use any content you provide for our own purposes including republication in any form or media. Comments may be moderated and may not be displayed immediately but we do not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please contact us at info@qvie.ae .We reserve the right in our sole discretion not to publish or to remove any comment including those that we believe may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This Website is available to the public and therefore information you consider confidential should not be posted to this Website.
REGISTRATION
Certain Services and related features, such as but not limited to, newsletters, that may be made available on the Website may require registration or subscription to enable your use of them. Should you choose to register or subscribe for any such Services or related features, you agree to provide complete, accurate and current information about yourself, and to promptly update such information if there are any changes. We may change our registration or subscription requirements from time to time. As a user of the Website you are solely responsible for keeping passwords and other account identifiers safe and secure. As a user of the Website you are entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us immediately of any unauthorized use of your password or account. Qvie shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this paragraph. You may be liable for our losses or others due to such unauthorized use.
AVAILABILITY OF THE WEBSITE
You acknowledge that (i) it is technically impossible that the Website will be provided free of defaults and that Qvie cannot take any responsibility for this, (ii) that defaults may lead to the temporary unavailability of the Website, and that (iii) the operation of the Website may be adversely affected by conditions and performances outside Qvie’s control, such as, for example, transmission and telecommunication links between Qvie and you and between Qvie and other systems and networks.
While Qvie has tried to accurately display the colors and shape of products, the actual colors and/or shape you see will depend on your monitor and may not be accurate.
Qvie may at any time, temporarily or permanently modify or interrupt, all or part of the Website in order to perform maintenance work and/or make improvements and/or changes to the Website. Qvie is not liable for any modification to or suspension or interruption of the Website.
TERMS OF SALE
ELIGIBILITY
The purchase of products through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the United Arab Emirates.
In order to make purchases on the Website, you must provide your personal details, including your real first and last name, valid mobile telephone number, valid e-mail address, payment details, valid billing address and other
requested information as indicated. You represent and warrant that the payment details you provide are valid, complete and correct and confirm that you are the person referred to in the billing information provided.
The Website is only available to persons who meet Qvie terms of eligibility, those who hold a valid credit card by a
bank acceptable to Qvie, and those who have authorized us to process a charge or charges on their credit card in the amount of the total purchase price for the product(s), including any taxes or delivery fee if applicable, which they purchase. Products purchased are for personal or gift use only and shall not be re-sold, used for commercial
purposes or for any other commercial benefit. Qvie reserves the right to restrict multiple quantities of an item being delivered to any one customer or delivery address.
By making an offer to purchase products(s), you expressly authorize Qvie to perform credit checks and to transmit or obtain your credit card information or credit report information (including any updated information) to or from third parties to authenticate your identity, validate your credit card, obtain an initial credit card authorization and/or
authorize individual purchase transactions, as we deem necessary. You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks and such personal information may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Please refer to our Privacy Policy for information about how we use your data.
ORDER OF THE PRODUCTS
The products available on the Website, including any samples Qvie may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise received from Qvie.
The products appearing for sale on the Website are subject to acceptance and availability. If, for any reason following the placement of an order for product(s), we are unable to supply a particular product, we will inform you as soon as possible, cancel your total order
All orders are subject to acceptance. We reserve the right to refuse or cancel an order for any reason, including inaccuracies, or errors in product or pricing information, that we are unable to obtain authorization for payment, that delivery restrictions apply to a particular item, that the item ordered does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the Terms and Conditions or any other problem identified by us.
Qvie will store a record of your transactions for a minimum of 1 (one) year.
Once your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, it is a confirmation that we have received it.
Unless cancelled, acceptance of your order will be perfected upon completion of the packing of your order by us.
Completion of the contract between you and Qvie will be perfected when we dispatch the products to you, at which time you will receive a second email confirming that your order has been dispatched. The sale contract is therefore concluded in Dubai, United Arab Emirates and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of Qvie.
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from the Website, whether or not that product has been sold, removing, screening or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Every effort is made to make sure all details on the Website are accurate, however we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the product(s), we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
By confirming your purchase at the end of the order process, you agree to accept and pay the full amount payable for the product(s) as set out in your order, including any delivery charges applicable to that order.
PRICES AND PAYMENT POLICY
We currently accept the following tender types for Orders placed on our Website: Visa, MasterCard and American
Express.
If you are a customer whose credit card is not denominated in United Arab Emirates Dirhams, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
All credit card payments are subject to validation checks and authorization by the issuer. If the issuer of the credit card refuses to authorize payment, we will not be liable for any delay or non-delivery. We will cancel your order and contact you for an alternative method of payment.
The details on the credit card used to make the payment must match the exact ID information of the cardholder as held by the issuer. Payment will be debited and cleared from your account upon completion of the packing of your order by Qvie. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit card to use it.
No credit cards’ details will be stored, sold, shared, rented or leased to any third parties except by our online payment gateway service provider.
DELIVERY
Qvie delivers in the United Arab Emirates and we estimate that your order is expected to be delivered within 24 hours or the next day from the time you receive your order confirmation email. For remote areas the delivery time may vary therefore we invite you to contact our Customer Service.
Orders may currently only be delivered to addresses within the UAE and is free of charge.
If no one is available to accept delivery of the order, you will have the option to arrange for an alternative delivery date. If you fail to collect your delivery by the second attempt you may be charged an additional delivery fee for any further attempt.
Orders may not be delivered to P.O. boxes, AFO/FPO addresses or to any address outside the UAE.
Orders are delivered Saturday through Thursday, excluding Friday and public holidays.
CANCELLATION, RETURN AND EXCHANGE POLICY
At Qvie, it is our intention to ensure our customers are satisfied with their purchases from us.
Cancellation
We fully understand that sometimes you might change your mind regarding your purchase. If you change your mind before receiving your order, just call our Customer Service at 971-40427-3754 to cancel your order and we will use all reasonable endeavors to cancel it providing your order has not yet been processed. If your order has already been processed, such cancelation will be treated as a return. Please refer to our Return section below for further information. In all circumstances, you can always contact our Customer Service who will be happy to assist you.
Return
If you receive a wrong product, or a product received by you is damaged, you may return the product(s) by contacting our Customer Service Team within 24 hours of receiving the order. All products must be returned to us within 7 days of delivery, unused and with their original box and packaging. After our inspection and approval, we will replace the item(s) and arrange it to be delivered within 2-3 business days.
Exchange
If for some reason you would like to exchange a product due to your preference in taste, arrangements can be made at a cost of AED 30 for the transaction. All products must be returned to us unused and with the original box and packaging.
INDEMNIFICATION
You agree, at our request, to defend, indemnify, and hold harmless Qvie and its affiliates, including their officers, directors, agents, suppliers and licensors from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Website, any breach by you of these Terms and Conditions or the use by any other person accessing the Website using your Internet account. Qvie reserves the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you hereunder, and such right and indemnification will survive these Terms and Conditions and your use of the Website.
LIMITATION OF LIABILITY
Nothing in these Terms and Conditions is intended to affect your rights as a consumer under the laws of the United Arab Emirates.
The use of the Website or any of the Services or products available thereon is at your own risk, and unless otherwise stated in these Terms and Conditions, you assume full responsibility and risk of loss resulting from your use of the Website or any of the Services or products available thereon.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL QVIE OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF QVIE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL QVIE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU TOWARDS THE PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITES AND CLAIMS IN EXCESS OF THIS LIMITATION.
MISCELLANEOUS
We reserve the right to modify these Terms and Conditions at any time without notice to you. Any modifications of these Terms and Conditions will be effective once published on our Website. Your continued use of the Website (or any of our other websites) following such change shall signify your agreement to be bound by the modified Terms and Conditions. Please read the Terms and Conditions and check back often. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the Website.
These Terms and Conditions constitute the whole legal agreement between you and Qvie and govern your use of the Website and all Services and products available thereon and completely replace any prior agreements between you and Qvie in relation to the same.
You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you and Qvie may stop providing the same (or any features within them) to you or to users. You understand that you are solely responsible for (and that Qvie has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which Qvie may suffer) of any such breach.
If Qvie does not exercise or enforce, or delays in its exercise or enforcement, of any legal right or remedy, this will not be taken to be a formal waiver of Qvie’s rights.
You and Qvie are independent contractors, and these Terms and Conditions, including but not limited to submission or distribution of Your Content, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and Qvie. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set out in the Terms and Conditions. Neither party shall advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liability or obligation on behalf of, or in the name of, the other party, unless specifically provided for in these Terms and Conditions.
If any of the provision of these Terms and Conditions is held to be illegal or unenforceable, the other terms of these Terms and Conditions shall not be affected and shall remain in full force and effect.
These Terms and Conditions are governed by the laws of the Emirate of Dubai, United Arab Emirates and all disputes arising hereunder are subject to the exclusive jurisdiction of the Dubai courts.
CONTACT US – CUSTOMER SERVICE
If you have any questions about the Terms and Conditions or any aspect of your order, please contact our Customer Service by email at customercare@qvie.ae or by telephone at +971-4-427-3754 Sunday to Friday from 9:00AM to 5:00PM (United Arab Emirates TIME) except on public holidays.