Terms & Conditions

User’s Terms & Conditions

Effective Date: 01/10/2024 

Legal Name: Bazaar Middle East FZ-LLC 

Website: www.bazaar-me.ae

1.Introduction

Welcome to Bazaar Middle East FZE LLC (“BazaarME,” “we,” “us,” or “our”). These User Terms & Conditions (“Terms”) govern your access to and use of our website www.bazaar-me.ae (the “Website”) and all related services, including mobile applications and other online services operated by BazaarME (collectively, the “BazaarME Services”).

By accessing, registering, or using the BazaarME Services, you agree to comply with and be bound by these Terms, including our Privacy Policy and any other policies referenced herein or posted on our Website. If you do not agree with these Terms, you must discontinue your use of the BazaarME Services immediately.

1.1 About Us

BazaarME is operated by Bazaar Middle East FZE LLC, a limited liability company registered under the laws of the United Arab Emirates, with its registered office at [Business Address], Ajman, United Arab Emirates. BazaarME provides an online marketplace that allows third-party sellers (“Sellers”) to list and sell products directly to consumers (“Users” or “You”).

1.2 Updates to the Terms

BazaarME reserves the right to modify, update, or amend these Terms at any time. Any changes will be posted on the Website, and the revised Terms will take effect from the date of posting. It is your responsibility to review the Terms periodically to ensure continued compliance. Your continued use of the BazaarME Services after the effective date of any changes constitutes your acceptance of the updated Terms.

1.3 Scope of Services

The BazaarME Services allow Users to browse, compare, and purchase various products listed by Sellers. We act as an intermediary platform and are not directly involved in the sale or fulfillment of products sold by Sellers. By using the BazaarME Services, you acknowledge that BazaarME does not control or guarantee the quality, safety, legality, or accuracy of the products listed by Sellers, nor does BazaarME become a party to the transactions between Users and Sellers.

2. Electronic Communications

By accessing or using any BazaarME Services, you consent to communicate with us electronically. This may include receiving communications via email, SMS, in-app notifications, or by posting messages on our Website or other BazaarME Services (such as the Message Center).

2.1 Agreement to Electronic Communications

For contractual purposes, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication. You acknowledge that these electronic communications are binding and constitute written communications for all legal purposes.

2.2 Methods of Communication

By providing your contact information during registration or when placing an order, you agree to receive communications related to your account, transactions, and other service-related matters. Communications may include but are not limited to:

• Confirmation of account setup, transactions, and deliveries.
• Updates or changes to the BazaarME Services or your account.
• Notifications about product availability, offers, or promotions that may be of interest to you.
• Notices regarding changes to these Terms or other legal agreements.

2.3 Opting Out of Marketing Communications

If you do not wish to receive marketing communications from BazaarME, you may opt-out by following the instructions provided in such communications or by adjusting your communication preferences in your account settings. Please note that opting out of marketing communications will not affect your ability to receive non-promotional communications related to your use of BazaarME Services, including transactional or account-related emails.

2.4 Notifications and Service Messages

Important notifications, such as those related to security, legal, or privacy issues, may be delivered through prominent notices on the Website or other electronic means. You are responsible for ensuring that the email address and contact details associated with your account are accurate and up-to-date.

3. Your Account

To access and use certain features of the BazaarME Services, including purchasing products, you are required to create a user account (“Account”). By creating an Account, you agree to the following terms:

3.1. Eligibility

You must be at least 18 years old or the legal age of majority in your jurisdiction of residence to create an Account. By registering an Account, you represent and warrant that you have the legal capacity to enter into binding agreements and that all information provided during the registration process is accurate, complete, and current.

3.2. Account Registration

To create an Account, you are required to provide accurate and complete information, including a valid email address, contact details, and a payment method. You are responsible for maintaining and promptly updating your Account information to ensure its accuracy.

• If you provide false or incomplete information, BazaarME reserves the right to suspend or terminate your Account.
• You are solely responsible for all activities that occur under your Account and for maintaining the confidentiality of your login credentials, including your username and password.
• You agree to notify BazaarME immediately if you suspect any unauthorized use of your Account or any other breach of security.

3.3. Account Security

You are responsible for safeguarding your password and for restricting access to your Account to prevent unauthorized use. You agree to:

• Take reasonable steps to keep your password confidential and secure.
• Notify us immediately if you believe that your Account has been compromised or accessed by an unauthorized party.

BazaarME will not be held liable for any loss or damage arising from your failure to safeguard your Account or password, or from any unauthorized activity conducted under your Account.

3.4. Multiple Accounts and Misuse

You are not permitted to create multiple Accounts without prior approval from BazaarME. Misuse of your Account, including but not limited to engaging in fraudulent activities, violating any applicable laws, or causing harm to other users, may result in the suspension or termination of your Account and access to BazaarME Services.

3.5. Termination or Suspension of Account

BazaarME reserves the right to terminate or suspend your Account at its discretion if:

• You breach any of these Terms or other applicable policies.
• You provide false or inaccurate information during registration.
• Your Account is involved in fraudulent or unlawful activities.
• BazaarME determines that such action is necessary to protect the interests of BazaarME, its users, or third parties.

In the event of account suspension or termination, you will not be entitled to any refund for any services or products purchased through the BazaarME Services.

4. Prohibited Conduct

When using the BazaarME Services, you agree to comply with all applicable laws and refrain from engaging in any illegal, abusive, or disruptive behavior. The following activities are strictly prohibited on the BazaarME platform:

4.1. Unlawful Activities

You must not use the BazaarME Services to engage in any unlawful activities, including but not limited to:

• Fraudulent transactions or payment methods.
• Selling or purchasing illegal, prohibited, or counterfeit goods.
• Participating in any form of money laundering or other criminal activities.

4.2. Unauthorized Use of the Platform

You may not:

• Use any BazaarME Service for purposes other than those expressly permitted in these Terms.
• Engage in any activity that could harm the performance or functionality of the Website or BazaarME Services, such as introducing viruses, malware, or harmful code.
• Attempt to interfere with the security features of the Website, including attempting to gain unauthorized access to any part of the BazaarME Services, user accounts, or systems.

4.3. Misrepresentation and False Information

Users are prohibited from:

• Impersonating any person or entity, including BazaarME personnel or other users.
• Misrepresenting affiliations with any individual, business, or entity.
• Providing false, inaccurate, or misleading information when registering an Account or engaging in transactions.

4.4. Disruption and Abuse

You agree not to:

• Harass, abuse, or harm other users, Sellers, or BazaarME employees in any manner, including through abusive or offensive communications.
• Post, distribute, or share defamatory, libelous, or slanderous content about BazaarME, other users, or Sellers.
• Use the BazaarME Services to distribute spam, unsolicited communications, or pyramid schemes.

4.5. Violation of Privacy and Data Protection

You are prohibited from:

• Collecting, harvesting, or storing any personal information from other users without their consent.
• Using the BazaarME platform to violate the privacy or data protection rights of other users, including Sellers.

4.6. Intellectual Property Violations

Users must not engage in activities that infringe upon the intellectual property rights of BazaarME, Sellers, or any third party, including:

• Copying, reproducing, or distributing any content or products listed on BazaarME without proper authorization.
• Engaging in activities that may lead to trademark or copyright infringement.

4.7. Consequences of Prohibited Conduct

BazaarME reserves the right to take immediate action, including suspension or termination of your Account, if you engage in any prohibited activities. BazaarME may also report unlawful activities to the appropriate law enforcement authorities and cooperate in any investigations as required by law.

5. Intellectual Property

5.1. Ownership of Intellectual Property

All content provided on the BazaarME Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (collectively, the “Content”), is the property of BazaarME, its affiliates, or third-party content suppliers. The Content is protected by applicable copyright, trademark, and other intellectual property laws in the UAE and internationally.

5.2. Limited License

Subject to your compliance with these Terms, BazaarME grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the BazaarME Services for personal, non-commercial purposes. This license does not include:

• The right to resell any products or services provided by BazaarME.
• The right to reproduce, modify, or create derivative works of any Content on the Website without express written permission from BazaarME.

5.3. Trademarks and Trade Dress

The BazaarME logo, trade name, and other graphics used on the Website are registered trademarks or trade dress of BazaarME. You are not permitted to use any BazaarME trademark or trade dress for any commercial or non-commercial purposes without prior written consent from BazaarME. Unauthorized use may constitute a violation of intellectual property laws and result in legal consequences.

5.4. User-Generated Content

By submitting, uploading, or posting any content to BazaarME, including reviews, comments, or suggestions, you grant BazaarME a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or control the rights to the content you post and that such content does not violate any laws or third-party rights.

5.5. Protection of Intellectual Property Rights

BazaarME respects the intellectual property rights of others and expects its users to do the same. If you believe that your intellectual property rights have been violated, please report the matter to BazaarME using the procedure outlined in our Notice and Takedown Policy.

6. Dispute Resolution

At BazaarME, we aim to resolve any disputes or issues quickly and efficiently. However, if a dispute arises between you and BazaarME, the following procedures apply:

6.1. Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms, your use of the BazaarME Services, or the purchase of products, you agree to first attempt to resolve the dispute informally by contacting BazaarME’s customer support at [support email]. BazaarME will attempt to resolve the dispute through good faith negotiations within 30 days of receiving your communication.

6.2. Formal Dispute Resolution

If a dispute cannot be resolved informally, you agree that the dispute will be resolved by binding arbitration or in the courts of the United Arab Emirates, depending on the nature of the dispute, as follows:

6.3. Arbitration

For disputes that can be resolved by arbitration, both parties agree to submit to binding arbitration under the rules of the Dubai International Arbitration Centre (DIAC). Arbitration shall be conducted in Dubai, UAE, and will be administered in accordance with UAE laws. The arbitration proceedings will be conducted in the English language unless otherwise agreed by the parties.

6.4. Court Proceedings

If the dispute is not eligible for arbitration, it will be settled in the courts of the United Arab Emirates with exclusive jurisdiction. You agree to submit to the jurisdiction of these courts, and you waive any objection to the forum as an inconvenient forum for resolving the dispute.

6.5. Class Action Waiver

You agree that any dispute resolution proceedings, whether through arbitration or court proceedings, will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you may not act as a plaintiff or class member in any class action, consolidated, or representative action against BazaarME.

6.6. Exceptions

Notwithstanding the above, BazaarME reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or stop intellectual property infringement, unauthorized access to the BazaarME platform, or any other unlawful activity that may cause immediate harm to BazaarME or its users.

6.7. Fees and Costs

Each party will bear its own legal fees and costs incurred in connection with the arbitration or court proceedings unless otherwise determined by the arbitrator or court.

7. Governing Law

These Terms, and any disputes or claims arising from or related to your use of the BazaarME Services or the purchase of products through the BazaarME platform, shall be governed by and construed in accordance with the laws of the United Arab Emirates (UAE), without regard to its conflict of laws principles.

7.1. Applicable Law

The interpretation, validity, and enforcement of these Terms shall be governed by the laws of the UAE, specifically in compliance with:

• UAE Consumer Protection Law.
• UAE Civil Code and Commercial Transactions Law.
• Data protection and privacy laws applicable within the UAE.

7.2. Jurisdiction

In the event that any dispute or legal claim arises that is not subject to arbitration (as outlined in Section 6), you agree to submit to the exclusive jurisdiction of the courts of the United Arab Emirates. The courts of Dubai, UAE, shall have exclusive jurisdiction over any dispute arising out of these Terms or your use of BazaarME Services.

7.3. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be severed from the remaining terms, which will remain in full force and effect. 

8. Payment Terms

By using the BazaarME Services to purchase products, you agree to the following payment terms:

8.1. Accepted Payment Methods

BazaarME accepts various payment methods, including but not limited to:

• Credit cards (Visa, MasterCard, etc.).
• Debit cards.
• Digital wallets and other electronic payment methods as displayed on the checkout page.

You are required to provide accurate and complete payment information when placing an order. BazaarME reserves the right to update or modify accepted payment methods at any time without prior notice.

8.2. Payment Authorization

By submitting payment information during the checkout process, you authorize BazaarME or its payment processors to charge the selected payment method for the total amount of the order, including any applicable taxes, shipping fees, and other charges.

8.3. Payment Processing

All payments are processed through third-party payment processors. BazaarME does not store or have access to your payment details. By making a purchase, you agree to comply with the terms and conditions of the third-party payment processors. You acknowledge that BazaarME is not responsible for any errors or delays in processing payments caused by third-party payment processors.

8.4. Failed Transactions

In the event that a payment is declined or fails to process, BazaarME may attempt to charge another valid payment method linked to your Account. If all payment methods fail, your order may be canceled, and you will be notified of the cancellation.

8.5. Pricing and Currency

All prices displayed on the Website are in UAE Dirhams (AED) unless otherwise stated. BazaarME reserves the right to modify prices at any time without prior notice. In the event of a pricing error, BazaarME reserves the right to cancel any orders placed for products listed at an incorrect price, whether or not the order has been confirmed.

8.6. Taxes and Duties

All purchases made through BazaarME may be subject to applicable sales taxes, VAT, and other duties as required by law. These charges will be added to the total price at checkout. You are responsible for paying all applicable taxes and duties on your purchase.

8.7. Refunds and Cancellations

• Refunds: In the event that a product is eligible for a refund (according to BazaarME’s return policy), the refund will be processed to the original payment method used for the purchase. Processing times for refunds may vary based on the payment method and bank policies.
• Cancellations: You may request to cancel your order before it has been processed for shipping. Once an order has been shipped, cancellation requests will not be accepted, and you must follow the return policy to receive a refund.

8.8. Chargebacks

If you initiate a chargeback or dispute a payment with your financial institution, BazaarME reserves the right to suspend or terminate your Account until the chargeback is resolved. BazaarME may also take further legal action to recover any disputed amounts.

9. Suspension and Termination of Accounts

BazaarME reserves the right to suspend or terminate your Account at its discretion, including but not limited to the following situations:

9.1. Grounds for Suspension or Termination

Your Account may be suspended or terminated if:

• You violate any of these Terms or other applicable policies.
• You engage in fraudulent, abusive, or unlawful behavior while using BazaarME Services.
• You provide false, inaccurate, or misleading information during the registration or purchase process.
• BazaarME determines that your continued use of the Services may harm BazaarME, its users, or third parties.

9.2. Effect of Suspension or Termination

In the event of suspension or termination:

• You will no longer have access to your Account, and any pending or incomplete transactions may be canceled.
• BazaarME reserves the right to withhold any funds related to transactions suspected of being fraudulent or in violation of these Terms.
• Any orders that have already been processed and shipped will not be affected by the suspension or termination, and you will remain responsible for fulfilling any outstanding payment obligations.

9.3. Reinstatement of Account

If your Account has been suspended, you may contact BazaarME’s customer support to resolve the issue. BazaarME will review the case and, at its discretion, decide whether to reinstate your Account. If your Account has been terminated, reinstatement may not be possible.

9.4. Account Deactivation by User

You may request to deactivate your Account at any time by contacting BazaarME’s customer support. Upon deactivation, you will no longer be able to access the BazaarME Services. Any outstanding orders or payment obligations must still be fulfilled.

9.5. Legal Action

BazaarME reserves the right to pursue legal action for any damages, losses, or claims arising from your violation of these Terms, including fraudulent activity or misuse of the BazaarME Services.

10. Refunds and Returns

At BazaarME, we aim to ensure a smooth and transparent process for returns and refunds. The following policies apply:

Return Eligibility

Products purchased through BazaarME may be eligible for return if they meet the following criteria:

• The product is returned within the return window specified at the time of purchase (typically 14 days from the delivery date unless otherwise stated).
• The product is unused, in its original condition, and in the original packaging with all tags, accessories, and documentation intact.
• The product was not marked as “final sale” or “non-returnable” at the time of purchase.

Non-Returnable Items

Certain items are not eligible for return, including but not limited to:

• Perishable goods, such as food and beverages.
• Personal care products and hygiene-related items.
• Gift cards, downloadable software, and digital goods.
• Customized or personalized products.
• Any other items specified as non-returnable at the time of purchase.

Return Process

To initiate a return, you must:

• Contact BazaarME’s customer support or follow the return instructions provided in your order confirmation.
• Ensure that the returned product is securely packaged and shipped using a trackable method.
• You are responsible for the cost of return shipping unless otherwise specified by BazaarME.

Upon receiving and inspecting the returned product, BazaarME will notify you of the approval or rejection of your return. If approved, a refund will be issued in accordance with Section 10.4.

Refund Process

If your return is approved, BazaarME will process the refund within 7–10 business days. Refunds will be issued to the original payment method used for the purchase. Depending on your financial institution, it may take additional time for the funds to be reflected in your account.

Defective or Damaged Items

If you receive a defective or damaged item, you must notify BazaarME within 48 hours of delivery. In such cases, BazaarME will arrange for a replacement or a refund, including covering the return shipping costs.

Exchange Policy

Exchanges may be permitted for eligible items. To exchange an item, please contact customer support within the return window. If the desired replacement product is unavailable, a refund will be issued.

Cancellations

You may request to cancel your order before it has been processed for shipping. Once the order has been shipped, cancellation requests will not be accepted, and you must follow the return process to receive a refund.

11. Liability Limitations

To the fullest extent permitted by applicable law, BazaarME and its affiliates, officers, directors, employees, agents, and partners shall not be liable for any indirect, incidental, consequential, or exemplary damages arising from your use of the BazaarME Services or any product purchased through the platform, including but not limited to:

Exclusion of Certain Damages

BazaarME is not responsible for any:

• Loss of profits, revenue, business, or anticipated savings.
• Loss of goodwill or reputation.
• Loss of data or other information due to your use of the BazaarME Services or the inability to access the platform.
• Personal injury or property damage resulting from your use of any products purchased through BazaarME.

Limitation of Liability

In no event shall BazaarME’s total liability to you for any claims arising out of or related to your use of the BazaarME Services or the purchase of any products exceed the amount you paid to BazaarME for the product(s) in question.

Product Liability

BazaarME acts as an intermediary platform between Sellers and Buyers and does not assume responsibility for the quality, safety, legality, or accuracy of the products sold by Sellers. Any claims regarding defective or non-compliant products must be directed to the Seller, and BazaarME’s role is limited to facilitating communication between the parties.

No Warranty

BazaarME provides the Website and all services “as is” and without any warranty, express or implied. BazaarME makes no representation or warranty regarding the accuracy, completeness, or reliability of the products or content provided on the platform. BazaarME disclaims all warranties of merchantability, fitness for a particular purpose, or non-infringement.

Force Majeure

BazaarME shall not be held liable for any delay or failure in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war, labor strikes, internet or communication failures, government actions, or pandemics.

Jurisdictional Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain types of liability or damages. If applicable law in your jurisdiction does not allow the exclusion of certain warranties or damages, the above limitations may not apply to you. In such cases, BazaarME’s liability will be limited to the greatest extent permitted by law.

12. User Rights and Obligations

When using the BazaarME Services, you have certain rights and obligations. These ensure a fair and lawful use of the platform and provide transparency in the relationship between you and BazaarME.

User Rights

As a user of BazaarME, you have the right to:

• Access and use the BazaarME platform and services, provided you comply with these Terms and any applicable laws.
• Receive accurate and transparent information about products and services listed on the platform.
• Receive support from BazaarME’s customer service for issues related to your Account, transactions, or products purchased through the platform.
• Request refunds or returns in accordance with BazaarME’s return policy (refer to Section 10).
• Protection of your personal data, as outlined in the Privacy Policy.

User Obligations

When using BazaarME Services, you agree to the following obligations:

• You will comply with these Terms and all applicable laws and regulations when using the platform.
• You are responsible for ensuring that all information provided during registration or use of the platform (e.g., contact details, payment information) is accurate and up to date.
• You will not use the platform for any illegal or unauthorized purposes, including but not limited to, the sale or purchase of counterfeit goods, fraudulent transactions, or the violation of intellectual property rights.
• You will not attempt to gain unauthorized access to BazaarME’s systems or disrupt the functionality of the platform.
• You will respect the rights of other users, including refraining from harassing, abusing, or defaming other users or Sellers.
• You are responsible for keeping your Account credentials (username, password) secure and notifying BazaarME immediately if you suspect unauthorized access to your Account.

Prohibited Use

Users are prohibited from engaging in the following activities:

• Posting, distributing, or transmitting any harmful, illegal, or fraudulent content.
• Using automated systems, including bots, scripts, or crawlers, to access or use the BazaarME platform.
• Manipulating or attempting to manipulate the prices of any product or interfering with other users’ listings.
• Collecting, harvesting, or storing personal data from other users without their consent.
• Engaging in any form of hacking, reverse engineering, or exploiting vulnerabilities on the platform.

Reporting Violations

If you become aware of any prohibited activity or violation of these Terms, you agree to promptly report it to BazaarME’s customer support team. BazaarME reserves the right to investigate any reported violations and take appropriate action, which may include suspending or terminating Accounts, removing listings, or contacting law enforcement authorities.

13. Miscellaneous Provisions

Entire Agreement

These Terms, along with the Privacy Policy and any other applicable policies or agreements referenced herein, constitute the entire agreement between you and BazaarME regarding your use of the platform and supersede any prior agreements or communications, whether written or oral.

Severability

If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed, and the remaining provisions will continue in full force and effect.

No Waiver

BazaarME’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. Any waiver of a provision of these Terms must be in writing and signed by an authorized representative of BazaarME to be effective.

Assignment

You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from BazaarME. BazaarME reserves the right to assign or transfer its rights and obligations under these Terms to any third party without your consent.

Relationship of the Parties

Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and BazaarME. Both parties remain independent entities.

Force Majeure

BazaarME shall not be liable for any delay or failure in performance resulting from events beyond its reasonable control, including but not limited to natural disasters, acts of war, labor strikes, communication failures, government regulations, or pandemics.

Notices

Any notices or communications to be given under these Terms must be in writing and sent by email to the contact information provided by BazaarME on the platform. Notices to you will be sent to the email address associated with your Account. Notices will be deemed delivered upon confirmation of receipt.