TERMS OF SERVICE
This website is operated by Sharbatly.club. Throughout the site, the terms “we”, “us” and “our” refer to Sharbatly.club. Sharbatly.club offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
This Customer Agreement (the "Agreement") is an agreement between you and Fresh Direct, LLC or its affiliates ("Sharbatly.club ") that states the terms and conditions under which you may use our website (the "Site"), our mobile applications (each an "App") (the Site and Apps are collectively, "Platform") and receive Sharbatly.club service, which includes processing and delivery (or arranging for delivery) of product orders (the "Sharbatly.club Service"). Your use of the Sharbatly.club Service and the Platform constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Platform or the Sharbatly.club Service.
Sharbatly.club Satisfaction Guarantee
All of our products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, contact us via e-mail at email@example.com or log into your account and send us a message from the "Contact Us" section of the Platform. For grocery or perishable products, you have up to seven (1) days after delivery to contact us about the products. Sharbatly.club may require the return of the product with which you are dissatisfied before we issue a refund.
1.1. Ordering through the Platform. Orders must be received before posted cutoff times for a given delivery (see Delivery of Products below for details). Available delivery date and time windows and associated delivery fees and promotions will be shown during the ordering process. Delivery timeslots are available on a first-come first-served basis. To view delivery and cutoff times, visit the Delivery Info section of the Platform. Note that modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items.
You may cancel orders by contacting our Customer Service Department at firstname.lastname@example.org . The cutoff for the order cancellation is 11 am the same day of the delivery.
Some objects may appear slightly larger or smaller than the actual size of the object in order to adapt the object to the screen or due to photographic techniques. Other elements can be depicted in a larger size than the real one in order to clearly show the details, or smaller than the actual size in order to show the article in full.
Consequently, SharbatlyClub is not responsible for errors or inaccuracies in the photographs or graphic representations of the products shown on the website.”
1.2. Price, Availability and Substitutions. We receive fresh products every day to assure you the highest quality. Due the perishable nature of our products, some may be unavailable due to the market conditions beyond our control or quality that is below our standards. If we have an item that's very similar to the item you ordered, we reserve the right to make item substitutions. If you're not happy with the substitution, please email us at email@example.com . If we are unable to fulfill your entire order with the items you order or appropriate substitutions, we will use reasonable efforts to contact you prior to delivery (which may include notice in your confirmation email).
However , since we prepare the orders the same day of the delivery , it might not be possible to contact you in advance. Once you complete checkout, your price is guaranteed unless you placed an order for an item where we have inadvertently listed an incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products; we will contact you immediately in such circumstances, and, of course, your payment method will not be charged.
Please note: we reserve the right to limit your order or the quantity of a particular product that you may order.
1.3. Delivery Fee. A delivery fee of 23 sar may be added to your order. Any such fee is not a gratuity for the delivery personnel who delivers or is otherwise involved with the delivery of your order and will not be given to any such delivery personnel as a gratuity.
1.4. Tip. If you wish to tip, the only option is to provide a cash tip at the time your order is delivered.
1.5. Variable Weight Orders. Because many perishable items are sold by piece, the per-piece price you see in your shopping cart is based on an average weight. Due to the nature of the product we cannot guarantee a fixed weight.
1.6. Minimum Purchase. Your order may be subject to minimum purchase order total, not including taxes, delivery fees, and surcharges.
1.7. Cancellations. Cancellation of orders after the required cutoff time might result in a restocking fee equal to the sum of (a) 100% of the total dollar amount of your perishable items (since many of our perishable items are individually prepared).
2.1. Credit/Debit Card Payment. To place an order, you must have a credit card or debit card ("Card") . Apple pay is available for credit cards only. We accept VISA , MASTERCAR and MADA circuit . Cash on delivery payment is temporary suspended due to the COVID19 prevention regulations .
2.2. Card Authorization and Estimated Costs. Your Card will be charged at the time you place the order.. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Sharbatly.club may incur in its efforts to collect any unpaid balances from you. Your right to use the Sharbatly.club Service is subject to limits established by Sharbatly.club and/or by your Card issuer.
2.3. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, Sharbatly.club may charge such amount directly to in your Customer Account and may suspend or terminate your access to the Sharbatly.club Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Sharbatly.club may incur in its efforts to collect any unpaid balances from you. Your right to use the Sharbatly.club Service is subject to limits established by Sharbatly.club.
3.1. Delivery of Products. Sharbatly.club uses boxes and refrigerated trucks to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. In an effort to meet the committed delivery times for all of our customers, our delivery personnel cannot wait for an inspection of the items delivered.
3.2. Delivery Requirements.To receive the delivery, you must live in a residential apartment or home and you or an authorized representative must be present to receive your order from our delivery personnel during your selected delivery window. The authorized representative can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you, your doorman, and your authorized representative are not present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery (a 23 sar redelivery fee may apply) for the same day. In such case, after the second attempt, if we are unable to redeliver you can still collect the order from the store within one day from the second attempt. In case you will not receive the order within these terms, the order will be cancelled and you might be charged a cancellation fee as described above. We reserve the right to block your account if the order is deliberately not received
3.3. Unattended Delivery. In certain circumstances, Sharbatly.club may allow unattended delivery. If you agreed with the customer service for the unattended delivery option, you, and not Sharbatly.club, are solely responsible for products that are left at your delivery location.
3.4. Limits and Adjustments to Delivery. Sharbatly.club delivers in standard disposable boxes. Given the heavy weight of some of these boxes, and our concern for the health and safety of our personnel, in non-elevator buildings, the highest floor we can deliver to is the 5th floor. In the event of a non-functioning elevator, the preceding delivery restrictions apply. Our technology cannot and does not enforce these limits. We ask you to abide by these service limitations, as we the reserve the right to limit a delivery when an order exceeds these limitations.
3.5. Invoices. You will receive a paper invoice along with your delivery. All of your order invoices are available in the "MY ORDERS" section of our Platform. If something is missing from your order, please contact our Customer Service department via e-mail at firstname.lastname@example.org .
3.6. Inclement Weather and Unforeseen Delivery Complications. In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule which will cause us to suspend chosen delivery dates and times. If there will be a significant delay in delivering your order, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will attempt to deliver your order as quickly as possible when the conditions permit. We will never deliver an order past 12:00 AM without your consent. If your designated delivery location (e.g. street closure) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date to make the delivery.
3.7. Tips. Sharbatly.club delivery personnel are allowed to accept tips. Customers are under no obligation to tip delivery personnel but have the option of doing so with CASH if exceptional service is provided by the delivery personnel.
4.1. email and Passwords. Access to the Platform is accomplished by creating an account through the use of an email and a password that you choose upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your user name password and all use or charges incurred from use of the Sharbatly.club Service with your password. You agree to notify Sharbatly.club promptly of any unauthorized use of your password and you will remain liable for any use of the Platform or Sharbatly.club Service until you notify Sharbatly.club.
4.2. Your Account. You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account to access the Sharbatly.club Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and authorized representative for your order. You can update your information in the "Your Account" area on our Platform or contact our Customer Service department. Please do not send Card or other payment information via email. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Sharbatly.club , and accept responsibility for all activities that occur under your account or password. You will comply with all laws applicable to your activities on the Platform and with this Agreement.
4.3. .Corrections. If you would like to update or correct information previously provided to us, please send an e-mail with your new information to email@example.com, or you can update your account information yourself by going to "Your Account" on the Platform. Please do not send credit card or other payment information via email.
5.1. you expressly agree that use of the sharbatly.club service, the platform ( Shopify ), and the internet is entirely at your own risk. the sharbatly.club service, the platform, and its contents are provided on an "as is," "as available" basis. to the extent permitted by applicable law, sharbatly.club disclaims all representations and warranties of any kind, whether express or implied, including, without limitation, the warranties of merchantability or fitness for a particular purpose, with respect to the sharbatly.club service, the platform, or its contents or with respect to any information, services, and products provided through or in connection with the sharbatly.club service; sharbatly.club does not adopt any representation or warranty of any manufacturer or merchant of any such information, service, or products. sharbatly.club makes no representations or warranties of any kind as to the availability, reliability, correctness, accuracy, content, or otherwise of any information, services, or products obtained through the platform or the sharbatly.club services. sharbatly.club does not warrant that the functions provided by the platform will be uninterrupted or error free, that defects will be corrected, or that this platform or the server that makes it available is free from viruses or other harmful components.
5.2. neither sharbatly.club nor any of its directors, employees, agents, representatives, third-party information providers, merchants, shall be liable, in contract or in tort, for any damages of any kind, including, without limitation, compensatory, direct, indirect, special, incidental, consequential, or punitive damages; loss of data, income, or profit; or loss or damage to property, arising out of or in connection with the use of, or the inability to use, the platform, the sharbatly.club service, or the internet. sharbatly.club 's liability shall be limited to providing you with a refund for any product that is returned. your sole and exclusive remedy hereunder shall be for you to discontinue your use of the sharbatly.club service and to terminate this agreement. sharbatly.club reserves the right to limit your order or the quantity of a specific product you may order.
5.3. The material in the Platform is provided for lawful purposes only. If you use the Platform from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.
5.4. You agree to defend, indemnify, and hold Sharbatly.club Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorney's fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from, your use of the Platform or Contents, or violation of this Agreement by you or through use of your account.
6.1. Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Sharbatly.club may suspend or terminate this Agreement or the Sharbatly.club Service or remove or disable access to any portion of the Sharbatly.club Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Sharbatly.club Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Sharbatly.club reserves the right to collect fees and charges incurred before you cancel your Sharbatly.club Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
6.2. Notices. Sharbatly.club may give notice to you of any change or any other communication related to this Agreement through a general posting on the Platform, by electronic mail, or by conventional mail to your address contained in the "Your Account" section of the Platform. You may give notice to Sharbatly.club by e-mail firstname.lastname@example.org ,
6.4. Amendment. Sharbatly.club may amend this Agreement at any time by posting the amended terms on our Platform. All amended terms shall automatically be effective for orders placed after posting and seven days after they are initially posted on our Platform for orders already placed. By using this Platform after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound.
Except as provided under Submission of Ideas (below), Sharbatly.club does not claim ownership of any information or material a user provides to Sharbatly.club or posts, uploads, input, submits, or transmits to this Platform . You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another's privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or "spamming"; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Platform, or which, in the judgment of Sharbatly.club , exposes Sharbatly.club or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Sharbatly.club . If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Sharbatly.club a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Sharbatly.club is not required to use any Submission.
Access to the Fresh Direct Service
You will provide all equipment and services and be responsible for all data, telephone and other charges necessary to access the Sharbatly.club Service and the Platform. You agree to comply with all laws applicable to your activities on the Sharbatly.club Platform and with the terms of this Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder.
You acknowledge that from time to time the Sharbatly.club Service or this Platform may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Sharbatly.club may undertake from time to time; or (iii) causes beyond the control of Sharbatly.club or which are not reasonably foreseeable by Sharbatly.club .
Submission of Ideas
Sharbatly.club policy is to not accept or review unsolicited ideas or suggestions from persons outside the company. Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to Sharbatly.club through this Platform or otherwise shall be the property of Sharbatly.club , and may be treated by Sharbatly.club as non-confidential information. Sharbatly.club shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.
Promotions and Promotional Codes
Liability of Sharbatly.club and Its Licensors and Partners
The use of the Platform or the Contents is at your own risk. The Contents in this Platform could include technical inaccuracies or typographical errors. Sharbatly.club may make changes or improvements at any time.
YOU EXPRESSLY AGREE THAT USE OF THE SHARBATLY.CLUB SERVICE, THE PLATFORM, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SHARBATLY.CLUB SERVICE, THE PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SHARBATLY.CLUB DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SHARBATLY.CLUB SERVICE, THE PLATFORM, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SHARBATLY.CLUB SERVICE; SHARBATLY.CLUB DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
The material in the Platform is provided for lawful purposes only. Sharbatly.club operates this Platform for use in specific jurisdictions where it provides the Sharbatly.club Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Platform from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.
If you use this Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Sharbatly.club reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
This Agreement shall be governed by the laws of Saudi Arabia without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Sharbatly.club or relating in any way to your use of the Sharbatly.club Service or the Sharbatly.club Platform resides in Saudi Arabia
Notice and Take Down Procedures
If you believe any Submission accessible on or from the Platform infringes your copyright, you may request removal of those materials (or access thereto) from this Platform by contacting Sharbatly.club (address identified below) and providing the following information:
Our email address for copyright issues relating to this Platform is as follows:
In an effort to protect the rights of copyright owners, Sharbatly.club maintains a policy for the termination, in appropriate circumstances, of users of this Platform who are repeat infringers.
This Agreement was last revised on 26/4/2020.