1. User agreement
1.2 This website will be governed by the law of UAE and the Terms and Conditions on this page shall prevail to the maximum possible extent permissible under the law of UAE.
2.1. You must be a registered member to make orders and access some features of the Website. You will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.
2.2. By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction. We also do cross branding, and deliveries sometimes have promo coupons or leaflets of other partners.
2.3. To register an account and use the Website you must be at least 18 years old, have a current UAE residential address and have capacity to enter into a legally binding agreement with us.
3. Access and use of the Website
3.1. You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
3.2. You must not (or attempt to):
3.2.1. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
3.2.2 use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
3.2.3. interfere (or attempt to interfere) with security-related or other features of our site; or
3.2.4. use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
3.3 We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
3.4. You must not use another member's account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account through our Help Centre(including by changing your password).
3.5. We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
4. Information on this Website
4.1. Information about goods on the Website is based on material provided by us.
4.2. You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.
4.3. All images are representational( due to the nature of the products).
5. Disclaimer and Liability
5.1. To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
5.1.1. errors, mistakes or inaccuracies on the Website or our social media pages;
5.1.2. you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
5.1.3. personal injury or property damage of any nature resulting from your access to or use of the Website;
5.1.4. any interruption or cessation of transmission to or from the Website;
5.1.5. any bugs, malwares, worms, viruses, Trojan horses or any other harmful codes and unauthorized forms of communication which may be directly or indirectly transferred by any third party to our website;
5.1.6. the quality of any product or service of any linked sites.
5.2. We do not warrant, certify, recommend, nor take responsibility for all forms of products and services supplied, offered and advertised by the third party either through our website or linked websites, or through other medium of advertisements. We will not be a party to or in any way responsible for monitoring any transaction between you and third party merchants of goods and services.
5.3. Where any law (including the UAE Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
In no event or condition shall we, our affiliates, suppliers and other related companies and entities, be held liable for all losses and accidental damages as consequences (in any way, including negligence) resulting from or in relation to the Website and or this and the supplementary agreements, otherwise mandated by the law. You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
7. Placing Orders
7.1. You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
7.2. The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
7.3. Orders placed by you are offers to purchase either:
7.3.1. goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
7.4. Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once you have completed the checkout page and the order has been invoiced.
7.5. We may reject your order, including in circumstances where we believe there may be a fraud, or where we later become unable to ship your order due to unavailability of good post placement of order, or if there has been an error in the price or product description on the Website.
7.6. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement. Please note that change of mind returns are given at our absolute discretion. As a general rule, we will not change or replace your order where you have made an error.
7.7. In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
8. Price, Payment and Use of Discount/Coupon Codes
8.1. The prices of goods, delivery and other charges shown are in UAE Dhirams.
8.2. All payments must be received in full prior to dispatch of goods or in some circumstances as agreed COD are accepted. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
8.3. A discount code is only valid for a single transaction, and may not be used in conjunction with any other discounts.
9. Store Credits
9.1. Any unused portion of your Store Credit shall be credited to your account.
9.2. To the extent permitted by law, FreshCulture.me reserves the right to change any of the terms and conditions in relation to its Store Credit upon the provision of reasonable notice, including by notice on the FreshCulture.me Website.
9.3. Store credit issued in lieu of a refund will expire after 12 months from the date of issue. Unless otherwise stated in any promotional materials or elsewhere by us, store credits issued for promotional purposes, or otherwise at our discretion (including for goodwill purposes) will expire after 3 months.
10. Supply and Delivery of Goods
10.1. Subject to this Agreement, we will supply the goods shown on your order confirmation. We will use our best endeavours to meet stated timeframes for delivery, however we cannot guarantee delivery timeframes will be met.
10.2. Prior to delivery we will attempt to call you on the given number to confirm the delivery address as per the order placed under your account. Once we receive the confirmation from your end, our logistic team will be dispatched to deliver your ordered items. In case, failure to receive your order at the time of delivery will be considered as Change of Mind Returns and fall under Clause 14 (noted below).
10.3. FreshCulture.me will NOT deal or provide any services or products to any of OFAC sanctioned countries in compliance with the law of UAE.
11. Packaging and Labelling
11.1. Images are representational in case of all items which are perishable in nature.
11.2. We recommend that you read the labels and instructions on foods or other consumables prior to consumption or use.
12. Reward Points
Please refer to Reward Points page for details
13. Goods Out of Stock
13.1. We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.
14. Change of Mind Returns
14.1. We cannot refund or exchange goods for change of mind, attempted failed delivery or errors you made in your order. We may, at our sole discretion, allow a return for store credit or refund on a case-by-case basis, provided that the item in question is:
(a) In case of Perishables, Customers are requested to check their orders at the time of delivery, and if not satisfied, may chose to accept partial or no part of the order by making relevant payment in case of partial acceptance. If already paid, refunds will be processed as per our refunds policy in clause 16. Once and order is accepted we are not liable to accept any claims for quality, deterioration or returns.
(b) not used or worn (with original tags and/or packaging); and
(c) not damaged in any way.
If we allow a return in these circumstances, we will ask you to follow our returns process.
14.2. We will provide you with a refund or store credit only when we receive the returned product. You are responsible for payment of return postage on your order.
15. Defective Goods
15.1. All goods and items come with guarantees that may not be exempted from the UAE Consumer Law. In the event of a foreseeable loss and damage that is clearly justifiable, goods are fully entitled for compensation. Replacement or refund on the other hand is offered for major failures. Ordered items which fail to meet acceptable standards or have failures that are considered as minor are entitled for repair and replacement.
15.2. Goods that you purchase from us may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by FreshCulture.me. Some warranty documents provided by manufacturers of imported goods may not apply in UAE. You should contact the manufacturer identified on the warranty document to determine whether or not the warranty applies to the goods in UAE and, if so, how you should go about making a claim under such a warranty.
16. Process for Returns and Refunds
16.1. When seeking a return on a product, please contact us via the Help Centre. Once contacted we will investigate your issues and advise you whether your product may be returned and, where required, provide you with a Return Authorisation and instructions on how to return your goods, with which you must comply.
16.2. Once an item is returned we will either inspect your goods and investigate any claimed defect or where we believe it is applicable, provide a remedy in relation to your goods. If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer's instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.
16.3. Refunds will be issued using the payment method used for purchase, except COD.
Cash On Delivery refunds are given in the form of FreshCulture.me online voucher to that amount, which can be redeemed on our site only, while doing your next purchase.
Credit Card refunds, will incur a 3% refund processing and handling fees. Partial refund for credit card purchase is not possible. In these instances, we will issue a store credit in the form of FreshCulture.me online voucher to that amount, which can be redeemed on our site while doing your next purchase.
16.4. Only store credit will be issued to the account used to purchase the goods as Refunds for all cash on delivery payments.
We aim to process refunds and replacements within 28 days of receipt by us of the original product; however, depending on your item and the number of returns in our system, this may take longer.
17. Social Media and Content
17.1. You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.
17.2. You understand that FreshCulture.me is not responsible and does not fully regulate or control the content uploaded to our website and accounts in other social media platforms, except when the content is originated from us. As a consequence of visiting our website, social media and other related sites, you may be exposed to uncensored contents supplied by third parties that can be misleading, indecent, offensive, inaccurate or otherwise objectionable in nature. You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard.
17.3. As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website via your account and you must not post (or allow) content to be posted through your account that:
17.3.1. you do not have the right to post;
17.3.2. is defamatory or in contempt of any legal or other proceedings;
17.3.3. is misleading or deceptive;
17.3.4. is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
17.3.5. denounces religious or political beliefs;
17.3.6. contains religious or political material;
17.3.7. in any way vulgar, indecent, offensive, obscene or pornographic;
17.3.8. executes any form of infringement on copyright, trademark, patent or rights of another person with regards to other intellectual properties;
17.3.9. has any content related to advertising and promotional media that are neither solicited nor authorized;
17.3.10. contains or links to viruses, malware, spyware or similar software; or
17.3.11. impersonates any person or misrepresents your relationship with any person.
17.4. We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
18. Intellectual Property
18.1. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
18.2. Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
18.3. You may not:
(a) reproduce or change the website’s layout design and the appearance, moreover, the software, code and other related data in the website; and/or
(b) attempt to obtain access or locate any website-associated source code, or in any way reverse engineer, decompile and disassemble them.
18.4. If you correspond or otherwise communicate with us, it is understood that you automatically allow us to use, display, copy, and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This permission or license is non-exclusive, irrevocable, royalty-free, perpetual, and shall be acknowledged world-wide. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.
19. Transfer and Assignment
You grant FreshCulture.me the right to, and irrevocably acknowledge and agree that FreshCulture.me may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. FreshCulture.me agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the Site.
You may not at any time, without the prior written consent of FreshCulture.me, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of FreshCulture.me.
If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) ("Dispute") arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute.
In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration, under the Arbitration Rules of the Dubai International Financial Centre (DIFC) courts.
21.1. We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
21.2. This Agreement will be governed by and interpreted in accordance with the laws of UAE. You irrevocably submit to the exclusive jurisdiction of the courts of the DIFC, UAE.
21.3. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
21.4. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.