PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.
THE CUSTOMERS USING THE WEBSITE WHO ARE MINOR/UNDER THE AGE OF 18 SHALL NOT REGISTER AS A USER OF THE WEBSITE AND SHALL NOT TRANSACT ON OR USE THE WEBSITE.
THE CARDHOLDER MUST RETAIN A COPY OF TRANSACTION RECORDS AND MERCHANT POLICIES AND RULES.
Products, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on this Website, www.motahajiba.com (hereinafter the "Website"), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for purposes of convenience only. Motahajiba Abayas makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available.
Accuracy of Information
We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or recentness of any information on this Website.
For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website.
In addition, we may make changes in information about price and availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.
The design of this Website and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions, namely, for private, personal and non-commercial use or with prior written permission of the owner of such material.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website.
We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
When you register with us, it is your responsibility to maintain the confidentiality of your account which includes and is not limited to username and password. Thereby preventing any unauthorized access to your profile. You agree to take full responsibility for all activities under your account and agree to inform us immediately in cases where you believe that your account has been tampered by someone else. It is your responsibility to not access your account via public and unsecure networks or from systems that have virus types such as and not limited to backdoors, worms, Trojans.
We do not share your personal information (email ID, bill-to address, ship-to address, and telephone number) with anyone and we do not at all store any of your sensitive data limited to credit/debit card number, CVV number, expiration date etc.
We accept payments online using Visa and MasterCard credit card in QR. You can see the prices in multiple currencies which are indicative prices for that day based on the exchange rates. However the invoices will only be in QR.
This Website is protected via SSL certificates and we do not at all store any of your sensitive data (credit/debit card number, CVV number, expiration date etc.). However, these layers of certificates and security policies can be bypassed if the users are accessing our Website via a computer that was/is infected with a virus or a malicious software and/or over an insecure network. In such scenarios you agree to take full responsibility of the security that has been compromised and the consequences thereof. Website, Company and/or its associated employees, partners (PSP, Bank etc.) and employers cannot at all be held in any way under such circumstances. Telr is our Payment Gateway Provider and you agree to use this facility to make online payments.
Order Delivery, Returns and Exchanges
Your order will be delivered via Aramex Express mode and you agree to fully comply with Aramex’s delivery timelines and the Company’s returns and exchange policies detailed here.
Exclusions of Liability
THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING IN RELATION TO (1) THE USE OR CONSUMPTION OF PRODUCTS PROCURED / MANUFACTURED BY THIRD PARTIES OR (2) THE PRODUCTS DELIVERED TO YOU BY ANY THIRD PARTY. THE COMPANY ASSUMES NO RESPONSIBILITY FOR EXAMINING OR EVALUATING THE PRODUCTS AND SERVICES OFFERED BY THEM. THE COMPANY DOES NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS. THE COMPANY DOES NOT ENDORSE, IN ANY WAY, ANY THIRD PARTY PRODUCTS OR SERVICES OR WEBSITE’S CONTENT THEREOF. ANY CLAIM IN RESPECT OF THE SAME SHALL BE MADE DIRECTLY WITH THE THIRD PARTY.
Neither the Company nor its affiliates and service providers shall be liable for any direct, indirect, incidental, consequential, or punitive or other damages or losses of any kind whatsoever arising out of your access to, or use of, the Website, including but not limited to any failure of performance, error, omission, interruption, defect or computer virus, or the deletion, failure to store, misdelivery or unavailability of any information, material, products, services, applications or features, even if advised of the possibility of such damages or losses. The Company’s maximum liability to you for all claims, including but not limited to negligence, shall in no event exceed the amount you paid on the Website for any products which you purchased and paid for through this Website.
By using the Website, you agree to release and hold harmless the Company, its affiliates, its subsidiary, its parent company; officers, directors and employees from any all claims, demands, damages, costs and expenses of any kind whatsoever relating in any way to use of the Website or any materials downloaded from this Website. Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you. To the extent that any term of this agreement is held inapplicable by a court, the rest of the terms in this agreement shall nevertheless remain in force.
If at any time a dispute shall arise between us (hereinafter “the Parties”) on matters relating to the interpretation or implementation of these Terms and Conditions, the Parties hereto shall endeavour in good faith to resolve any such dispute through amicable discussion within a period of 30 (thirty) days commencing on the date either Party serves written notice upon the other outlining the nature and substance of any such dispute. Failing amicable resolution of any such dispute within that 30 (thirty) day period the dispute shall be finally settled (i) Each of the Parties shall, within a period of 15 (fifteen) days from the expiry of the 30 (thirty) day period above, nominate its arbitrator.
(ii) The two nominated arbitrators shall, within a period of 15 (fifteen) days of their nomination jointly nominate the third who shall be the Presiding Arbitrator.
(v) The decision of such arbitration shall be notified to the Parties within one hundred and eighty (180) days from the date of the Presiding Arbitrator’s nomination.
(vi) The decision of the arbitrators shall be final and binding upon the Parties and shall not be subject to appeal.
(vii) The arbitral award shall be enforced (save in the case of manifest error or fraud) against the Party adverse in interest in any jurisdiction where that Party or its assets may be found without reference to any conflict of law provisions.
(viii) The arbitration proceedings shall be independent of the laws of the jurisdiction where the proceedings are held and independent of the laws of any other jurisdiction and neither Party shall invoke or seek to invoke any law in any jurisdiction relating to arbitration it being the intent of the Parties that any dispute or difference between the Parties shall be resolved solely by arbitration as herein stated without the intervention of any Court or any Court proceedings of any kind whether substantive, preservative or procedural.
The Company reserves the right to pursue any and all legal and equitable remedies against anyone violating these Terms and Conditions including but not limited to terminating access to the Website. Any failure by the Company to enforce any of its rights hereunder shall not be deemed a waiver of such rights or of any other rights.