Welcome to www.aikah.com.
The owner and operator of the website is Aikah for General Trading L.L.C, a limited liability company registered in the United Arab Emirates (“UAE”) under license number 205606 (hereinafter referred to as "Aikah”, Company", “we”, “us”, or “our”), with its office located at Sheikh Zayed Road, Al-Quoz Industrial Area 3, Dubai in the UAE.
This website also provides an e-commerce platform that allows individuals and entities to buy Products and Services. Terms and conditions for the use of the website and online sale are referred below: -
These Terms of Use and Online Sale (hereinafter referred to as “Terms of Use”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (hereinafter referred to as “you”, “your” etc) and Aikah for General Trading L.L.C, concerning your access to and use of the www.aikah.com website as well as any links from the website, other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively hereinafter referred to as, the “Site”).
For the purposes of this Terms of Use, Aikah for General trading LLC and You, may hereinafter be individually referred to as “party” and collectively as “parties”.
By accessing, registering and/or continuing to use or access our services provided herein through the Site, you are agreeing to be bound by these Terms of Use, its modifications, updates, amendments etc. These Terms of Use are subject to change by us at any time as per our absolute discretion. Your continued use of the Site following any such change constitutes your agreement and acceptance to these Terms of Use, as so modified. If you do not agree with these Terms of Use, then you are expressly prohibited from using the site and you must discontinue the use instantly.
1. ELIGIBILITY AND REGISTRATION REQUIREMENTS
1.1 You are eligible to sign in and register as a buyer and benefit from the Products and Services if you are above the legal age for purchasing products in your country of residence; and you can provide an address in the UAE for the delivery of products.
1.2 To register to the Site, you will need to provide us with certain information. We reserve the right to decline any registration without further explanation. Your registration to the Site may also not be accepted if you do not provide us with the required information and we reserve the right to undertake such checks as are necessary to verify your identity. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
1.3 Once you have successfully completed registration, your registration shall continue for an indefinite period, subject to suspension or termination in accordance with clause 7 of these Terms of Use.
2 YOUR OBLIGATIONS
2.1 When using or accessing the Site, you agree that you:
2.1.1 You have the legal capacity, and you agree to comply with these Terms of Use and Online Sale.
2.1.2 Are responsible for maintaining the confidentiality of, and restricting access to and use of your account and password and accept responsibility for all activities that occur under your account and password.
2.1.3 Agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.
2.1.4 Will provide true, accurate, current, and complete information about yourself and your use of the Products and Services as required by us.
2.1.5 Will not disclose to any third party (except as required or requested by us) a user’s information provided to you.
2.1.6 Will cooperate with our requests for additional information with respect to your eligibility and usage of our Products and Services.
2.1.7 Will not violate any applicable law or regulation.
2.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of the Site (or any portion thereof).
2.3 When using or accessing the Services, you agree that you will not:
2.3.1 Post, list, or upload in any manner any information which is blasphemous, defamatory, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
2.3.2 Breach or circumvent any laws, policies, or determinations of your account status.
2.3.3 Fail to pay for the Products and Services purchased by you.
2.3.4 Distribute or post spam, unsolicited or bulk electronic communications or similar.
2.3.5 Distribute viruses or any other technologies that may harm our Services or the interests or property of other users.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 Except for the rights expressly granted under these terms, all content included on the Site, including but not limited to text, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights. We retain all right, title and interest in and to the contents in the Site and the Products and Services, including, without limitation, all Intellectual Property Rights therein.
3.2 Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
3.3 All rights not expressly granted to you in these Terms are reserved and retained by us or our suppliers or licensors.
4. PRODUCTS
4.1 We try to display the products as accurately as possible the colours, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products.
4.2 All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason.
4.3 We reserve the right to introduce new Products and Services and update or withdraw any of the Products or Services, in our sole discretion, and we will not be liable to you for exercising this discretion.
4.4 Prices for all products are also subject to change.
5. WARRANTIES, REPRESENTATIONS & UNDERTAKINGS
5.1 By using our Site, you warrant, represent, and undertake that:
5.1.1 You shall fully comply and will always continue to fully comply with all applicable laws, statutes, and regulations, including, without limitation, all privacy laws and content regulation.
5.1.2 If you create or use an account on behalf of a business entity, you represent that you are authorised to act on behalf of such business and bind the business to these Terms. Such account is deemed to be owned and controlled by the business entity.
5.2 Subject to clause the Products and Services are provided to you on an "as is" basis without representations, warranties, or conditions of any kind. The Warranties, other than that are expressly provided here in our Site www.aikah.com, we hereby deny all the other warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that the Services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all.
5.3 Furthermore, whilst we attempt to be as accurate as possible, we do not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. Additionally, as a buyer, you agree that we are not responsible for examining or warranting the listings or content provided by us and that you will not attempt to hold us liable for any inaccuracies or defects in any of the listings.
6.PRICE AND PAYMENT METHODS
6.1 The prices of the Products are specifically mentioned in the Products listed in the Site. All Payments and delivery charges (if any) shall be in advance. The price of Products on the Site does not include delivery charges, which will be displayed/confirmed prior to the submission of your order.
6.2 You agree and acknowledge that, we reserve the right to correct any errors in price (if any) from time to time. We will not be obliged to supply the Products at the incorrect price or in accordance with the incorrect description or at all. We, at our sole discretion, may either choose not to accept your order and refund the price you have paid or use reasonable efforts to contact you to check with you, whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel the order and refund the price you have paid.
6.3 All prices are inclusive of Value Added Tax, and this will be charged by the Aikah and will be payable by you at the applicable current rate.
6.4 You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions in proper manner.
6.5 You may make your payments online for the purchases using VISA and MasterCard Credit/Debit Card (Card) in AED. By using a Credit / Debit card to pay for the Products, you hereby confirm and undertake that the Card being used is yours or you are authorised to use it.
6.6 All the payments shall be validated and authorised by the issuer of the Card. If the issuer of the Card refuses to authorise payment, we will not be able to accept your order. Also, we will not be obliged to inform you about the reason for the refusal, and we will not be liable for the item not being delivered or provided to you. We are not responsible for the Card issuer or Bank charging the holder of the Card as a result of the Card payment process. Apart from the above, we will not be responsible for any losses or damages you may incur due to your inadvertence or negligence during the payment process. Any such losses/damages shall be entirely your responsibility.
7. PRICE CHANGES, REDUCTIONS, CORRECTIONS
Aikah reserves the right to change prices for products displayed on the Aikah site at any time and to correct pricing errors that may inadvertently occur. In the event of a pricing error, we will notify you of the error and allow you to either proceed with the transaction at the correct price or cancel your order at no cost to you.
8. VALUE ADDED TAX (VAT) AND INVOICING
If you are buying for a business and have a registered account on the Aikah Site, you may enter your VAT registration number in My Account section. The VAT registration number will be printed on your invoice. Your purchases will be taxed using the applicable VAT tax rate of UAE. Orders placed in the UAE will be subject to a VAT rate of 5 per cent. If items in your order will be shipping at different times, each shipment (and the item/s included) will be invoiced separately.
9. SHIPPING AND DELIVERY TERMS
You may please read the shipping and delivery terms prescribed in the appropriate section in our Site www.aikah.com
10. LIABILITY & INDEMNITIES
10.1 In no event will we or our directors, officers, parent company, subsidiaries, suppliers, subcontractors, affiliates, employees, licensors, or agents be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty, to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will always be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.
10.2 In addition, to the extent permitted by applicable law, we (including our Directors, Officers, Parent Company, Subsidiaries, Suppliers, Subcontractors, Affiliates, Employees, Licensors, or Agents) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
10.2.1 The content or other information you provide when using the Services.
10.2.2 Your use of or your inability to use our Services.
10.2.3 Delays or disruptions in our Services.
10.2.4 Viruses or other malicious software obtained by accessing or linking to our Services.
10.2.5 Bugs, errors, or inaccuracies of any kind in our Services.
10.2.6 Damage to your hardware device from the use of products sold on the Site or our Services.
10.2.7a Suspension or other action taken by us with respect to your use of the Services.
10.3 You agree to indemnify and hold us harmless, including our parent company, subsidiaries, affiliates and all our respective directors, officers, agents, partners, employees, suppliers, subcontractors, or licensors, from and against any losses, damages, and expenses (including legal fees and attorney’s fees) (“Claims”) arising out of or relating to:
10.3.1 Your violation of any use of the Site including the provisions of these Terms, including, without limitation, any of the warranties, representations, and undertakings.
10.3.2 Any breach of your representations and warranties set forth in these Terms.
10.3.3 Your violation of the rights of a third party, including but not limited to intellectual property rights; or
10.3.4 Any overt harmful act towards any other user(s) of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
10.3.5 Your violation of any applicable laws, including, without limitation, data protection laws, privacy laws etc.
11.MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Products without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Products. We cannot guarantee the Site and the Products will be available at all the times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Products at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.
12.TERM, TERMINATION & CANCELLATION
12.1 These Terms of Use and Online Sale shall remain in full force and effect while you use the Site and the Products and Services. Without limiting any other provision of these Terms, we reserve the right to, at our sole discretion and without prejudice to any of our rights and remedies and without any liability to you, we may limit, suspend, delete your account, deny temporarily or permanently withdraw your access to our Site, Products and Services (including blocking certain IP addresses), for any reason including, without limitation, the following:
12.1.1 If we believe that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use.
12.1.2 If you use our Platform or Services for any unlawful and fraudulent purposes or in connection with a criminal offence or abuse our policy and rules.
12.2 If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
12.3 We reserve our right to take appropriate action if you are suspected of acting fraudulently or if you file invalid and/or false claims or provides false, incomplete, or misleading information. You may be engaging in fraudulent activities if any of the following (without limitation) are met:
12.3.1 You don’t reply to the payment verification mail sent by us.
12.3.2 You fail to produce adequate documents during the payment details verification.
12.3.3 You misuse credentials not belonging to you.
12.3.4 You use invalid address, email, and phone no.
12.3.5 You attempt to overuse a voucher code.
12.3.6 You return wrong or damaged product.
12.3.7 You refuse to pay for an order.
12.3.8 For COD items, you use fake currency notes to make the payment.
12.3.9 You abuse or harass the delivery staff.
12.3.10 Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Aikah for General Trading LLC.
12.4 If your access to our Services or our Platform is terminated for any reason, we may delete any content or other materials relating to your use of the Service (including any credits earned through loyalty programs or reward points) and we will have no liability to you or any third party for doing so. However, your transactions details may be preserved by us for purposes of tax or regulatory compliance.
13.GENERAL
13.1 Governing Law. These Terms of Use and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of the United Arab Emirates.
13.2 Dispute Resolution. If you have an issue with our Services, please contact us and we will endeavour to resolve your issue as soon as possible.
Any disputes or Claims arising out of or in connection with these Terms of Use, including any non-contractual rights or obligations arising out of or in connection with these Terms of Use, that are not able to be settled through amicable discussions shall be referred to and finally resolved by Courts of United Arab Emirates having competent jurisdiction.
13.3 Third Party Rights. A person who is not a party to these Terms of Use has no right to enforce any of its terms.
13.4 Relationship of the Parties. Nothing contained in these Terms of Use will be deemed or construed by the parties or any third party to create the relationship of partnership, joint venture or agency between the parties, it being understood that the parties will at all times remain independent parties contracting for Services.
13.5 Further Assurances. The parties will do and execute or arrange for the doing and executing of each necessary act, document and thing reasonably within its power to implement and give effect to these Terms of Use to its full extent, including, without limitation, assisting each other in complying with applicable law.
13.6 Assignment. These Terms of Use will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Use or any of your rights or obligations under these Terms of Use, whether directly or indirectly, without first obtaining our prior written consent, such consent not to be unreasonably withheld. We may without your prior consent or notice, assign or transfer these Terms of Use or any of our rights or obligations under these Terms of Use, whether directly or indirectly, to any other party we deem appropriate.
13.7 Entire Agreement. These Terms of Use and the documents referred to or incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Use and the documents referred to or incorporated into these Terms of Use by reference, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied.
13.8 Amendment. These Terms of Use cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these Terms of Use at any time and from time to time. We will post the current version of these Terms of Use on the Site and each such change will be effective upon posting on the Site or upon the date designated by us as the “effective date” (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and its acceptance of these Terms of Use as so modified.
13.9 Severability. If any provision of these Terms of Use is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms of Use and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.
13.10 Force Majeure. Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third-party providers of goods or Services to us, labour disruptions, blackouts, embargoes etc).
13.11 No Waiver. Any waiver by us of any of the provisions of these Terms of Use will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.
13.12 Communications. You may contact us through email: 'onlinesales@aikah.com' or WhatsApp +971 52 144 8998
13.13 Survival. All provisions that either expressly or by their nature survive, will survive suspension or termination of your membership of the Site.
