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    Terms and Conditions

    FRESH N FINE – TERMS OF SERVICE

    Welcome to www.freshnfine.shop (the “Platform”).

    This Platform is operated by Success Horizon L.L.C-FZ (“FreshNFine”). Throughout the Platform, the terms “we”, “us” and “our” refer to FreshNFine and “you”, “your” and “user” refers to you as the user of the Platform.

     

    Success Horizon L.L.C-FZ offers this Platform, including all information, tools and services available from this Platform to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

     

    By visiting our Platform and/ or making purchases on our marketplace, you engage in our services (“Services”) 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 Platform, including without limitation users who are browsers, vendors, customers, merchants, buyers and sellers.

     

    Please read these Terms of Service carefully before accessing or using our Platform. By accessing or using any part of the Platform, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Platform or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

     

    Any new features or tools which are added to the current Platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Platform. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes.

     

    1. ACCESS & USE

     

      1. You are eligible to register as a buyer and benefit from the Services if you are above the legal age for purchasing products or services in your country of residence.

     

      1. In order to register to the Platform, you may need to provide us with certain information including your trade license or licenses to validly operate in the UAE. Your registration to the Platform may not be accepted if you do not provide us with the required information. We reserve the right to decline any registration without further explanation. We reserve the right to undertake such checks as are necessary to verify your identity.

     

      1. Once you have successfully completed registration, your registration shall continue for an indefinite period, subject to suspension or termination in accordance with these Terms of Service.

     

      1. If you set up an account on our Platform, you must treat your login details as confidential. You must not disclose them to any third party.

     

      1. We have the right to disable any account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.

     

    1. FRESHNFINE’S ROLE

     

      1. FreshNFine operates an e-commerce marketplace that connects suppliers with buyers to facilitate the purchase of, amongst others, food and beverages.

     

      1. The contract formed at the completion of a sale on the Platform is solely between you and third-party seller. We are not a party to this contract nor do we assume any responsibility arising out of or in connection with it. The seller is responsible for the sale of the products and services and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between you and seller.

     

      1. We are not responsible for, and do not warrant or make any representations regarding the quality or fitness for purpose of any products listed on the Platform. 

     

      1. Prices, details, images, and specifications for the products or services listed on our Platform are supplied by third-party sellers and are subject to change without notice.

     

      1. FreshNFine would however want you to have a safer buying experience, and so where FreshNFine is fulfilling the delivery, FreshNFine guarantees the timely delivery and condition of delivery. FreshNFine will also endeavour to facilitate the resolution of any disputes between you and the seller.

     

    1. MODIFICATION TO THE SERVICE

     

      1. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

     

      1. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

     

    1. YOUR ORDER & CANCELLATION RIGHT[TLC1] 

     

      1. Please note that there are cases when an order cannot be processed for various reasons. We reserve the right to refuse any order you place with us at any given time. We may, in our sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

     

      1. We are determined to provide the most accurate pricing information on the Platform to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Platform. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

     

      1. You are entitled to cancel your order within twenty-four (24) hours without giving any reason for doing so, or until your order has been shipped. Refunds can take up to 7 business days depending on your payment method. If your order has been shipped, you cannot cancel it.

     

      1. To exercise your right of cancellation, you must inform us of your decision by sending us an email or canceling it from our Platform.

     

    1. RETURNING PRODUCTS

     

      1. Due to health and safety reasons, we do not accept exchanges, returns or refunds for items once they are shipped. 

     

      1. If you have any questions about our returns and refunds policy, please check our policy at: https://marketplace.freshnfine.shop/page/returns-policy

     

    1. DEFECTIVE OR WRONG ITEMS

     

      1. If you received a wrong or defective item, you can contact our customer support team via +971506305363 with your order number.

     

    In order for the products to be eligible for a return, please make sure that:

     

    1. The products were purchased in the last 2 days
    2. The products are in the original packaging
    3. Only regular priced products may be refunded. Unfortunately, products on sale cannot be refunded.

     

    1. ACCURACY OF BILLING AND ACCOUNT INFORMATION

     

      1. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, like your email address and shipping addresses, so that we can complete your transactions and contact you as needed.

     

      1. The buyer may not claim against FreshNFine or its agents and affiliates, for any failure, disruption or error in connection with the buyer’s chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the buyer or giving any reason.

     

      1. All payments for the purchased products must be made using the payment methods made available on the Platform. We shall not be held responsible for any losses which may arise from payments made directly to unauthorized Third-Party Vendors or through payment methods that are made available apart from the payment methods on our platforms.

     

      1. Electronic transactions entered into on the Platform shall be protected by encryption technology. We have partnered with secure payment gateways whenever required to complete a transaction.

     

      1. Our Platform does not have the capability to directly interfere with the payment gateway mechanism. We have no access to the information that you may enter for making the payment through the payment gateway. We do not endorse the working of the payment gateway, nor are we liable for any failure of products or services offered by such payment gateway. Such payment gateway may have a privacy policy and Terms of Service policy different from that of ours. All failures, errors and omissions of the payment gateway shall be solely on the payment gateway.

     

    1. INTELLECTUAL PROPERTY RIGHTS

     

      1. All of the text, images, logos, software, trademarks, service marks, intellectual property or other material (“Intellectual Property”) in the Platform belong to us or our licensors. You will not copy or transmit any of the Intellectual Property except for your personal, non-commercial use. All rights not expressly granted herein are reserved.

     

    1.  REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

     

      1. You may be able to post reviews, comments and other content; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

     

      1. You are obligated to not use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone by the content you post. We reserve the right to remove or edit such content. If you believe that any content on the Platform contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on the Platform, please notify us by sending an email to info@freshnfine.shop

     

      1. If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the Platform (including any images, video or audio, all together "content", you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, create derivative works from, distribute, make available, translate, and modify such content throughout the world in any media. You grant FreshNFine and its sub-licensees the right to use the name that you submit in connection with such content.

     

      1. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; and that use of the content you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).

     

      1. FreshNFine has the right but not the obligation to monitor and edit or remove any activity or content. FreshNFine takes no responsibility and assumes no liability for any content posted by you or any third party.

     

    1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

     

      1. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

     

      1. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

     

      1. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.

     

      1. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

     

      1. In no case shall FreshNFine, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

     

    1. INDEMNIFICATION

    You agree to indemnify, defend and hold harmless FreshNFine and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

    1. TERMINATION

     

      1. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by deleting your account on our Platform, or when you cease using our Platform. We may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) and/or, if you are a registered user, by cancelling your account and your access to your account.

     

      1. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

     

      1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

     

    1. ERRORS, INACCURACIES AND OMISSIONS

     

      1. Occasionally there may be information on our Platform or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Platform is inaccurate at any time without prior notice (including after you have submitted your order).

     

      1. We undertake no obligation to update, amend or clarify information in the Service or on any related Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Platform, should be taken to indicate that all information in the Service or on any related Platform has been modified or updated.

     

    1. PROHIBITED USES

     

      1. In addition to the other prohibitions as set forth in the Terms of Service, you are prohibited from using the Platform or its content:
    2. for any unlawful purpose;
    3. to solicit others to perform or participate in any unlawful acts;
    4. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
    5. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
    6. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
    7. to submit false or misleading information;
    8. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Platform, other Platforms, or the Internet;
    9. to collect or track the personal information of others;
    10. to spam, phish, pharm, pretext, spider, crawl, or scrape;
    11. for any obscene or immoral purpose; or
    12. to interfere with or circumvent the security features of the Service or any related Platform, other Platforms, or the Internet.

    We reserve the right to terminate your use of the Service or any related Platform for violating any of the prohibited use.

     

    1. OPTIONAL TOOLS

     

      1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

     

      1. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

     

      1. Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the Terms on which tools are provided by the relevant third-party provider(s).

     

      1. We may also, in the future, offer new Services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

     

    1. THIRD-PARTY LINKS

     

      1. Third-party links on this Platform if any, may direct you to third-party Platforms that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Platforms, or for any other materials, Products, or services of third-parties.

     

      1. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Platforms. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party

     

    1. NOTICES

     

    All notices sent by you to us must be sent by email to info@freshnfine.shop. We may give notice to you at either the email or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressee.

     

    1. GOVERNING LAW AND DISPUTE RESOLUTION

     

      1. These Terms of Service shall be governed by and construed in accordance with the laws of the United Arab Emirates.

     

      1. Any dispute, difference, controversy or claim arising out of or in connection with this Terms of Service, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of Dubai.

     

    1. GENERAL

     

      1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

     

      1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

     

      1. These Terms of Service and any policies or operating rules posted by us on this Platform or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

     

      1. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

     

      1. All provisions that either expressly or by their nature survive, will survive suspension or termination of your membership of the Platform.

     

    1. CONTACT INFORMATION & GENERAL

     

    Questions about the Terms of Service should be sent to us at info@freshnfine.shop