Terms & Conditions

Last updated: 17/11/2019

Here you can find all the terms and conditions that we apply in order to perform our provided services at the highest level of our standards. If you’re here, that means you’re smart enough to read them carefully before using our services.

Please read the following terms and conditions carefully. They contain important information about your rights and obligations, as well as limitations and exclusions that apply to your purchases.

1. GENERAL SCOPE

Shop360 provides software-based delivery services for goods such as fashion, accessories, food, beverages and other products. These terms (Terms of Service) apply when you use the Shop360 mobile applications or websites (collectively, Services).

By using the Services, you automatically agree to the Terms of Service.

Shop360 is a platform for facilitating the exchange of services between individuals (User) who are willing to order Products and Products via our partners (Shops) that are willing to collect and deliver the ordered Products and Products.

2. REGISTRATION & ORDERING PROCESS

2.1. REGISTRATION

You are the sole authorized User of any account (Account) you create using the Services. Your action of registration constitutes your acceptance of the Terms of Service and the Privacy Policy, and your state that you are not less than 21 (twenty-one) years of age. Registration is free of charge. No entitlement exists for admission to the Service. The data required for registration provided by the User must be complete and accurate. The User is responsible for updating his/her own data that can be amended at any time from the respective interface of the Service. Shop360 has no responsibility over the use of the User account and expressly disclaims any liability therefrom. Should you suspect that any unauthorized party might be using your Account, you are obligated for your own security to notify Shop360 immediately by emailing us at info@Shop360.ae. By providing your mobile phone number to Shop360 pursuant to the use of the Service, you hereby affirmatively consent to our use of your mobile phone number for contacting you directly in order to perform the Services, including but not limited to occasionally send notifications, text messages with promotional offers, service updates and reach out to you to survey regarding the quality of our services

2.2. ORDER PLACEMENT / CONTRACTUAL RELATIONSHIP

By placing an order through the application or the website, the User confirms the accuracy of all the information he/she provides. Orders are confirmed to the User within Service interface. No contractual relationship exists between User and Shop360. Shop360 may decide for any reason whatsoever to not accept an order and to refuse to perform it. User may schedule the order for a selected time, date, week or month as per availability of Service.

2.3. VARIETY LIMITATIONS

The range and prices of Products may differ depending on the various factors like seller, user location.

2.4. VOLUME LIMITATIONS

User might be contacted by Shop360 to confirm the order in the following cases:

  • If the total items in an order exceed more than seller’s limitation.

  • If the order placed requires more than one delivery personnel to be handled by due to volume limitations.

In all cases, Shop360 reserves the right to limit the delivery quantity for particular products or, if needed, not to deliver a particular product at all as per the availability of the Products.

2.5. AMENDING AND CANCELLING ORDERS

The User may not be able to amend the order once it has been confirmed as per the technical features provided by the Service. A confirmed order is eligible for cancellation for a limited time period until it is disbursed for delivery post to its submission as per the technical specifications of the Service.

2.6. INCOMPLETE ORDER FULFILLMENT / SUBSTITUTION

The primary objective of Shop360 is to deliver all the products ordered in the right quantity and to a high-quality standard. User acknowledges that the products are subject to stock availability and to human errors. Shop360 reserves the right to amend your order in whole or in part, at any time and without liability or compensation remove any item that is out of stock, damaged, spoiled, or unavailable for any other reason, to successfully complete your order. It’s in our best intention to maintain the replaced item’s price the same as per the brand you ordered but in case of a higher valued replacement, the price may increase. We do our best to ensure that all items shown on our website are available to order. If, however any product you order is out of stock or unavailable we may send you a push notification enabling you to select a substitute. If an item is not delivered, despite being billed, the amount in question will be credited to the User at a reasonable time after Shop360 becomes aware of this. No subsequent delivery is obligatory to be made, and the customer is not entitled to claim any further compensation. If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to the User. Please note that we will attempt to send the User push notification of substitute products in the event that selected products are unavailable, the User may reject these substitutes. Although we will always try to cater for your orders, an order of unusually large quantities of different or one product can only be fulfilled at the discretion of the Seller.

In case of Groceries, Shop360 reserves the right to forward a user order to another shop then the one initially selected from the user without informing the user in the event that the initial shop fails to fulfil the order. In this case the new shop the total value of the goods ordered should be the same or lower than the value as per the pricelist of the initial shop. The payment method will remain the same.

3. DELIVERY

3.1. DELIVERY OF PRODUCTS

Products will be delivered directly to the delivery address specified by the User. Deliveries are performed either by the Shop personal delivery service, by a delivery partner, or by Shop360 delivery team, depending on the nature of the goods and the delivery location. Goods will be delivered to the front door of private residences (as far as accessible) and to the reception desk of business Users.

3.2. DELIVERY TIMES AND ADHERENCE TO DELIVERY PERIODS

Shop360 endeavors to deliver Products within 30 (thirty) to 60 (sixty) minutes in case of grocery and minimum 1 day in case of another products depending on how far is the user location. Shop360 does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of Shop360’s control that may result in early or delayed deliveries. You agree that Shop360 shall not be liable for any deliveries made outside the expected delivery time frame.

3.3. DELIVERY RECEIPT

The shop holds the responsibility to provide the user with the receipt upon delivery.

3.4. CANCELLATION OF A DELIVERY BY SHOP360

If, for reasons beyond Shop360’s control - such as an incorrect delivery address, the recipient's absence, lack of an access permit, bad weather conditions, or similar, it should prove impossible or possible only with great difficulty, to carry-out the delivery successfully, Shop360 is entitled to cancel the User’s order. In this event, the User is not entitled to compensation or pecuniary of in kind, however; in case of online payment, the refund will be initiated by Shop360 at the soonest possible post the cancellation of the order, it is the responsibility of the bank to transfer the amount to the users account, which takes approximately 3-5 working days.

4. PRICES AND PAYMENT

Shop360 endeavors to provide you with accurate and up-to-date pricing, product availability and promotional information. Discrepancies are possible and you agree not to hold Shop360 liable in such instances.

4.1. PRICES

All prices are quoted in the country’s local currency where Shop360 is operating. For the countries where VAT is applicable the prices displayed on the app/website will be VAT inclusive. Where goods may be charged by weight (fruit, meat, cheese, etc.), the basic price per unit applies. The quantity of such goods actually delivered, and therefore the price charged, may differ from the quantity originally ordered. For pre-packed and price-labelled fresh products, the applicable price is the one in force when the order is prepared. Shop360 reserve the right to change prices as to update them at any moment.

4.2. PAYMENT METHODS / CREDITWORTHINESS

You can choose from the following ways of paying on delivery, depending on the products, the means of dispatch and as per technical availability.

  • Credit card reader on delivery

  • Cash on delivery

  • Online payment

  • We accept payments online using Visa, MasterCard and AMEX (valid for UAE only) credit/debit card in AED (or any other currency).

  • Any dispute or claim arising out of or in connection with this website or application shall be governed and construed in accordance with the laws of UAE.

  • United Arab of Emirates is our country of domicile.

  • Minors under the age of 18 shall are prohibited to register as a User of this website or application and are not allowed to transact or use them

  • If you make a payment for our products or services on our website or application, the details you are asked to submit will be provided directly to our payment provider via a secured connection.

  • The cardholder must retain a copy of transaction records and Merchant policies and rules.

The User can select which payment method is preferred. The payment methods available are displayed for selection when the order is finalized. If for any reason the online payment transaction is declined, Shop360 is entitled to offer the User cash on delivery payment option or credit card reader on delivery where available.

5. PRODUCT DECLARATION

5.1. PRODUCT INFORMATION

We take care to update the product information in the Service regularly. In rare cases, the information may deviate from the details printed on the product packaging. In such an instance, the information on the packaging takes precedence.

6. GUARANTEE of DATA COMMUNICATION

Given the current state of the technology, no guarantee can be given that data communication via the internet will be error-free and/or available at all times. Shop360 therefore accepts no liability in respect of the constant, uninterrupted availability of the online shop, nor for technical and electronic faults during sales transaction, in particular for any delay in processing or accepting orders.

7. SPECIAL PRODUCT CONDITIONS

7.1. PREPAYED MOBILE PHONE CREDIT

Shop360 sells mobile phone credit of various providers as for example: Etisalat and DU. Mobile phone credit should be activated as soon as possible. The activation code is valid only once. No exchanges or refunds are permitted.

8. DISCOUNTS, PRIVILEGES & VOUCHERS

8.1. SPECIAL OFFERS

The User accepts that offers available from Shop360 often differ from those available from Shop sales channels.

8.2 SHOPPOINTS

ShopPoints is an innovative way of rewarding customers with points in the application or website that can be converted to credit in an upcoming grocery order.

  • The value of 1 InstaPoint is displayed within the application or website and may be modified without prior notice and may differ from region to region and from country to country.

  • Unless otherwise specified, all coupons or codes must be redeemed within one calendar month from the moment they are issued/communicated.

  • ShopPoints are only applicable for instant grocery orders or online Paid DragonMart orders; meaning that, a user will not be able to use it for any scheduled grocery orders or Cash on Delivery (COD) orders.

  • ShopPoints coupons cannot be exchanged for cash or any other alternatives and have no monetary value.

  • ShopPoints may be offered on an ad-hoc basis and will be added to the customer’s account to be used in an upcoming grocery order.

  • ShopPoints can only be redeemed through the application in DragonMart and Grocery where they are supported and are applicable.

  • Each ShopPoints coupon can only be used once per user

  • If an order, where an ShopPoints coupon has been used, is cancelled for any reason the coupon(s) will be reimbursed to the user, either automatically or otherwise upon the user’s request

  • If the applicable ShopPoints coupon exceeds the value of the items ordered, the excessive discount shall be forfeited

  • Shop360 may reward its loyal users by adding ShopPoints to their account. However, Shop360 may also withdraw loyalty bonuses at any point and without warning or liability.

  • Any attempt to manipulate the system and use of coupons or codes by participation via any party, camouflaging identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to do so), will render the associated orders and use of ShopPoints invalid and may potentially lead to that account being deactivated or the parties responsible prosecuted within the framework of the applicable law.

8.3 ReferralShop (REFERRAL PROGRAM)

ReferralShop is a referral program through which users can invite family & friends to use Shop360 and receive ShopPoints as a reward in the application once the invited users place their first order.

  • Referrer is a user who invites someone to place an order through Shop360. The referrer will receive a reward in the form of ShopPoints once the person invited successfully completes his/her first order; the offer is valid for new users on their first order only.

  • In case of an order placed and cancelled by the user invited the referrer will not be eligible for the reward.

  • Shop360 reserves all rights to change the amounts communicated under the ReferralShop program at any point in time.

9. CUSTOMER SERVICE & COMPLAINTS

Shop360 Customer Service provides information regarding any questions, issues or complaints related to the Shop360 service. Users may contact Shop360 via e-mail (info@Shop360.ae) , drop a message through the app or call the customer service line (+9712710970). Missing items must be reported immediately on reception of the Products, otherwise Products are considered to have been accepted by User as being in perfect condition. Latent defects must be reported to Shop360 customer Service immediately after they come to light, although in these cases there are limitations of error acknowledgement.

10. TIPPING

Tipping is a way Shop360 users can reward the drivers and pickers (staff) that are involved in executing their orders via the Shop360 mobile applications or websites. Users tip the staff directly via the credit/debit card they have registered. Any tip paid by the customer via the Shop360 mobile applications or websites will be non-refundable. All tips paid by the customer will be paid in the local currency of the country from where the orders are placed.

Upon rating an order with Shop360, the customer will have the option to make a discretionary payment of a tip to Shop360 in addition to the purchase price of the items in the order. Shop360 will subtract any transactional fees related to the online payment gateway and bank transfer cost and shall transfer the remaining amount to staff involved in the execution of each specific order at a monthly or bimonthly basis. Therefore, any charges levied by the bank or payment gateway will be covered by the staff. Tipping is “voluntary” and at the sole discretion of each user.

Shop360 may at its sole discretion decide the exact allocation of the tip between the various staff members that contributed to the execution of the orders.

It is the sole responsibility of the picker and driver to provide accurate bank details to Shop360 via the online verification/validation form. Shop360 will not be liable in case of inaccurate information provided or incorrect bank transactions.

11. GENERAL TERMS

11.1. DATA PROTECTION

Data collected are treated as confidential and in good faith. When registration is made, your data is collected for business and marketing purposes in the form of personal information such as last name, first name, address, email address and phone number. In addition to data explicitly entered, information is gathered automatically from the log files when you access the Services interface. Shop360 makes a distinction between master data (e.g. IP address, time and date of access) and activity data (e.g. name of file accessed, paths clicked on). For statistical purposes, this data is anonymously assessed. Shop360 may share the address, phone number, and other required info with partner sellers for fulfillment of orders or to have CRM systems aligned.

11.2. RELEASE

You agree that neither shop360 nor its affiliates or licensors are responsible for the fitness or conduct of any shop. Neither shop360 nor its affiliates or licensors will be liable for any claim, injury or damage arising in connection with the acts or omissions of any shop. In the event you have a dispute with any shop, you hereby release shop360 and its officers, directors, employees, subsidiaries, affiliates, agents and representatives from any and all claims, liabilities, costs, including without limitation attorney's fees, loss or damage of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

11.3. SHOP LICENSE/ SUBMISSIONS

Service may now or in the future permit the submission, sharing or publishing of photographs, communications or other content submitted by you and other users ("User Submissions"). Other than personally identifiable information, which is covered under the Shop360 Privacy Policy available at https://www.Shop360.ae/privacy (http://Shop360.ae/privacy), any User Submission transmitted or posted to this Software Applications will be considered non-confidential. In addition, by submitting any User Submission to Shop360, you hereby grant Shop360 a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submission in connection with the Services, the Support and Shop360's business. We hereby grant each User of the Service a non-exclusive license to access their User Submissions through Service and to display and publicly perform such User Submissions as permitted through the functionality of Service and under these Terms and Conditions. In connection with the User Submissions, you agree that you will not submit material that: (i) is copyrighted, subject to privacy or publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material and to grant Shop360 all of the license rights granted herein; (ii) is unlawful, obscene, harassing, defamatory, libelous, pornographic, hateful, racially or ethnically offensive or is otherwise inappropriate; (iii) could damage the reputation of Shop360 or any third party; or (iv) impersonates another person. Shop360 reserves the right to remove any User Submissions at its sole discretion and without notice or liability to you or to any other person. Shop360 does not endorse any User Submission or any opinion, recommendation or advice therein, and Shop360 expressly disclaims any and all liability in connection with any User Submission. You understand and agree that you may be exposed to User Submissions that are inaccurate, offensive or otherwise objectionable, and you hereby agree to waive and hereby do waive any legal or equitable rights or remedies you may have against Shop360 with respect thereto. Shop360 may provide links to Software Applications owned or operated by third parties. Shop360 does not endorse the content or any products or services available on such Software Applications and is not responsible for such content or its security. Your linking to any other Software Applications from this Service is at your own risk.

11.4. DISCLAIMER

Use of the support is entirely at your own risk. Changes are periodically made to the software applications and may be made at any time without notice to you. The support is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. Shop360 makes no warranties or representations about the accuracy or completeness of the content provided through the support or the content of any software applications linked to the shop360 software applications. Shop360 assumes no liability or responsibility for any
(i) errors, mistakes, or inaccuracies of content;
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the shop360 software applications or the support;
(iii) any unauthorized access to or use of shop360's secure servers and/or any and all personal information and/or financial information therein.
Shop360 does not warrant that the software applications will operate error-free or that the software applications and its server are free of computer viruses and other harmful goods. If your use of the software applications results in the need for servicing or replacing equipment or data, shop360 shall not be responsible for those costs. Shop360, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including without limitation the warranty of merchantability, non-infringement of third party rights and the warranty of fitness for a particular purpose. Shop360 makes no warranties about the accuracy, reliability, completeness or timeliness of the content, services, support, software, text, graphics or links. shop360 and its affiliates and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

11.5. LIMITATION OF LIABILITY

You agree that shop360 shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising out of or in connection with (I) your use of the support; (ii) the liability or fitness of any customer (iii) in connection with the performance of or browsing in the software applications or your links to other software applications from this software applications, even if shop360 has been advised of the possibility of such damages. You further agree that shop360 shall not be liable for any damages arising from interruption, suspension or termination of services, including without limitation any direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. In no event shall shop360's total liability to you for any losses arising hereunder exceed the amounts paid by you to shop360 hereunder. Some jurisdictions do not allow the limitation or exclusion of warranties or of liability for incidental or consequential damages so some of the above limitations may not apply to you. Should a jurisdiction be adverse to a limitation or exclusion of warranties, such provision shall be deemed severable from this agreement and the other provisions shall remain in full force and effect.

11.6. WAIVER

No waiver of any rights or remedies by Shop360 shall be effective unless made in writing and signed by an authorized representative of Shop360. A failure by Shop360 to exercise or enforce any rights conferred upon us by Terms of Service shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

11.7. INDEMNITY

You agree to defend, indemnify and hold harmless Shop360 and its officers, directors, employees, agents and affiliates (each, an Indemnified Party), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Software Applications or from any breach by you of Terms of Service, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation. Shop360 shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.

11.8. TERMINATION

At its sole discretion, Shop360 may modify or discontinue Service, or may modify, suspend or terminate your access to Service or the Support, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to Service or the Support, Shop360 reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Support is terminated, your Account will remain enforceable against you. You may terminate Account at any time, however Shop360 do not guarantee its termination due to technical availability. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of Account.

11.9. DISPUTE RESOLUTION

The parties shall first attempt to resolve any dispute related to this Agreement in an amicable manner by mediation with a mutually acceptable mediator. If unable to agree upon an acceptable mediator, either party may ask a mutually agreed upon mediation service to appoint a neutral mediator, and the mediation shall be conducted under the Commercial Mediation Rules of the mutually acceptable mediation service. Any disputes remaining unresolved after mediation shall be settled by binding arbitration conducted in Dubai, UAE utilizing a mutually agreed arbitrator or arbitration service. The arbitration shall be conducted under the Commercial Arbitration Rules of the mutually agreed arbitrator or arbitration service. Both parties shall be entitled in any arbitration to conduct reasonable discovery, including document production and a reasonable number of depositions not to exceed five per party. The prevailing party shall be entitled to recover its costs and reasonable attorney's fees, as determined by the arbitrator. The arbitrator shall be required to follow the law.

11.10. GOVERNING LAW AND SEVERABILITY

This Agreement is governed by the laws of the country where Shop360 services are available, the courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts. Without regards to its conflict of laws principles. If any provision of this Agreement is found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Any offer for any product, feature, service or application made on this Software Applications is void where prohibited.

11.11. NO AGENCY

No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

11.12. CHANGES TO THE AGREEMENT

Shop360 reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective with or without prior notice. Your continued use of the Software Applications or the Support following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Contact us If you have any comments or questions, please do not hesitate to reach out to us at info@Shop360.ae.

11.15. Contact details

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