Terms & Conditions
We aim
to make your experience in buying plants and their accessories through the Nabtety
store an easy and
distinctive experience.
Please read these Terms carefully
before placing your order via the Store Web Site or Mobile application. By
placing an order on it, or By accessing, registering
and/or continuing to use or access our Services,
You agree to be bound by these Terms of Sale
with immediate effect. The store refers to the "nabtety.ehattley.com"
website.
1-
Registration Requirements
1. You have the right to register as a buyer or seller and benefit from the
Services if you meet the following eligibility criteria:
i. you are above the legal age for purchasing products in your country of
residence; and
ii. you are able to provide an address in the Arab Republic of Egypt (“Egypt”)
for delivery of products.
- In order to register to the Site, you will need to provide us with
certain information. Your registration to the Site 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.
- Once you have successfully completed registration, your
registration shall continue for an indefinite period, subject to
suspension or termination in accordance with clause 6 of these Terms of
Use.
2- Your Obligations
- When
using or accessing the Services, you agree that you:
1.
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.
agree to
immediately notify us of any unauthorised use of your password or account or
any other breach of security;
3.
will
provide true, accurate, current and complete information about yourself and
your use of the Services as required by us;
4.
will not
disclose to any third party (except as required or requested by us) a user’s
information provided to you; and
5.
will
cooperate with our requests for additional information with respect to your
eligibility and usage of our Services.
- When using or accessing the Services, you
agree that you will not:
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.
post, list
or upload content or items in inappropriate or prohibited categories or areas
on our Site, including:
1.
content or
items that may be considered culturally or religiously offensive in any way;
2.
content or
items which may not be considered to be in compliance with general local law,
Islamic law, rules, morals, values, ethics and traditions;
3.
content or
items that may threaten national security;
4.
content or
items which may constitute or be considered to promote gambling;
5.
securities,
including shares, bonds, debentures, or any other financial instruments or
assets of any description;
6.
living or
dead creatures and/or the whole or any part of any animal which has been kept
or preserved by any means whether artificial or natural;
7.
weapons of
any description;
8.
liquor,
tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any
description and medicines;
9.
items that
to your knowledge are defective, fake, damaged, false or misleading or that may
through normal use harm another Site user’s interest or health;
10.
non-transferable
vouchers; and
11.
chemicals.
3. Post material for which you may not share or insert a link.
4. Dissemination of counterfeit or stolen material.
5. Breach or circumvent the law, breach any of our third
party rights, regulations or policies or breach decisions regarding the
status of your account.
6. Use the Services if you no longer meet the eligibility criteria, are unable
to enter into legally binding contracts, or your account has been temporarily
or indefinitely suspended.
7. You do not pay for the products you have purchased, unless there is a legal
reason to do so in any of our policies.
8. Use the contact information provided to you during the transactional
transaction via the Site to try to increase your sales beyond the boundaries of
the Site or through other websites.
9. Manipulation of the price of any of the products.
10. Interfere with the lists of other users.
11. Take any action that would reduce the evaluation of the site and rating
systems.
12. Post false, inaccurate, misleading, deceptive, defamatory, or similar
content.
13. Transfer your account to another party without our prior written consent.
14. Posting unsolicited messages or electronic correspondence or the like.
15. Spread viruses or any other technologies that may harm our Services or the
interests or property of other users.
1. Laws relating to copyright, trademark, patent, ethics, advertising,
database, or any intellectual property rights (collectively, "intellectual property rights")
that relate to us or are licensed to us. )
2. Any intellectual property rights that relate to third parties.
16. Collect information about users without their consent.
17. or circumvent any of the technical procedures we follow to provide the
Services.
3-
Intellectual Property Rights
- Except
for rights expressly granted in accordance with these Terms of Use:
1. All content contained on the Site is under our own ownership or under the
property of our licensors, including but not limited to text, graphics, logos,
images, audio clips, digital downloads and software. We (or our licensors, as
the case may be) retain all of our rights, ownership and interest in the Site
and Services, including but not limited to all intellectual property rights
contained in these Terms of Use.
2. All rights, title and interests to any information, materials or other
content provided by you through your use of the Services as well as all your
intellectual property rights contained in these Terms of Use will become our
property.
- You
agree that you may not use our trademarks without our prior written
consent.
- All
rights not expressly vested in you in these Terms of Use are reserved to
us or our licensors.
4-
Warranties, Representations
and Representations
- You
warrant, undertake and represent that:
1. Full compliance to continue to operate in accordance with applicable laws,
regulations and regulations, including but not limited to compliance with
legislation relating to privacy laws and content regulation.
2. You have full authority to contract in accordance with these Terms of Use,
and your performance of your obligation under these Terms of Use does not
conflict with:
1. Any of the laws, rules, regulations or government guidelines to which you
are subject.
2. Any other agreements to which you are a party or to which you are bound by
you.
3. If you create or use an account on behalf of a company, you are authorized
to act on behalf of that company and ensure that it is bound by these Terms of
Use. This account is the property of and under the management of this company.
4. You are the owner or authorized to grant the rights and licenses you have
granted to us under these Terms of Use.
5. Any content you submit as part of your use of the Services and for any of
the products you list, does not infringe the rights of third parties anywhere
around the world, including but not limited to any intellectual property rights
(whether registered or not).
- Subject
to clause 5.1, the Services are provided to you as at their "present
state" without warranties, representations or representations. We
disclaim all warranties, representations or representations in all their forms, whether
express, implied or additional, including but not limited to all
warranties, representations or representations as to the merchantability,
fitness for a specific or general purpose of the Content, its
non-infringement or breach of any rights, or whether our Services are safe
or free of defect or will operate Without any malfunction or will be
provided in a timely manner or on the whole.
- Furthermore,
although we try to be as accurate as possible, we do not guarantee that
the product specifications or any other content of any Service will be
accurate, complete, reliable, up-to-date or error-free. In addition, based
on being a buyer, you agree that we are not responsible for examining or
testing the listings or content of the services provided by us or by third
parties, and that you will not attempt to hold us responsible for any
errors or defects in any of the listings. As a seller, you are responsible
for reviewing the accuracy of the content contained in your listings and
you will not attempt to hold us or the content providers/brochure
responsible for errors or inaccuracies.
5-
Liability and Indemnities
- Nothing
in these Terms of Use shall limit or relieve the liability of any party
for:
1. Fraud, including fraud, carried out by that party.
2. Death or personal injury as a result of the negligence of such party.
3. Any other liabilities that cannot be limited or waived in accordance with
applicable law.
- In
accordance with clause 5.1, in all cases we, our parent company, our subsidiaries, affiliates,
directors, directors, directors, officers, agents, employees, suppliers,
subcontractors or licensors – whether based on a claim, claim in contract,
tort, negligence, breach of legal duty or breach of these Terms of Use –
shall not be liable for any claim for loss of profits, loss of data or
information, malfunction of business, any financial loss or any special or
indirect damages, or Incidental even if we, our affiliates, directors,
officers, agents, employees, licensors, suppliers or subcontractors have
been advised of the possibility of such damages.
- In
addition to the extent permitted by applicable law, we (including, the
parent company, subsidiaries, affiliates, directors, officers, agents,
employees, suppliers, subcontractors or licensors) will not be liable and
you acknowledge that you will not hold us liable for any damage or loss
resulting directly or indirectly from:
1. Content or other information you provide when you use the Services.
2. Your use of or inability to use the Services.
3. Pricing, shipping, formatting or any of the instructions provided by us.
4. Delay or interruption in the provision of services.
5. Viruses or other malware found through access to the Services.
6. The presence of errors in the Services, malfunctions or inaccuracies in any
way.
7. Damage to your device through the use of products sold on the Site or
through our Services.
8. Content or acts or omissions of third party users of our Services.
9. Comment or any other actions we take in connection with your use of the Services.
10. The period of time that your lists appear in search results or the way they
appear.
11. Your need to modify practices, content or behavior, or your loss or
inability to conduct business as a result of changes to these Terms of Use.
- In
accordance with clause 5.1,
if clause 5.2 or 5.3 is found to be unenforceable or unenforceable for any reason, our overall
obligations including that of our parent company, subsidiaries or
affiliates and their directors, officers, agents, employees, suppliers,
subcontractors or licensors to you whether as a result of any claim, claim
in contract, negligence or breach of any legal duty or
otherwise resulting from
the Terms of Procedure Use of or in connection with, to be a maximum,
minimum value for:
1. The price at which the product was sold on the site and the original
shipping rates.
2. The amount of the disputed fees, the value of which shall not exceed the
total value of the fees paid to us during the period of twelve (12) months
preceding the action giving rise to liability.
3. Fifty (50) Egyptian pounds.
- You agree
to indemnify and hold harmless us, including indemnifying and concluding
the liability of our parent company, its subsidiaries, subsidiaries,
directors, officers, agents, employees, suppliers, subcontractors and
licensors relating to our company or its parent company and subsidiaries
and affiliates from and against any losses, damages and expenses
(including legal fees and attorneys’ fees) (the "Claims")
arising out of:
1. Any claims or claims made by third parties as a result of your use of the
Services.
2. Breach of any of the provisions contained in these Terms of Use, including
but not limited to any warranties, representations and representations.
3. Violation of any applicable laws, including but not limited to data
protection laws or anti-spam laws.
4. The manner in which you use our Services, including but not limited to the
content you post, the products you list or your trademarks that infringe any of
the intellectual property rights of third parties or that your content is
defamatory, satire, slanderous or infringing on any of the other rights
(including privacy rights) relating to third parties (including other users of
the Sites).
6.
Suspension, termination or cancellation
1. Without prejudice to any rights or remedies or without any liability to
you, we have the right to limit, suspend or withdraw your access to or use of
the Services, cancel the order for any products or delete the content provided
by you in our sole discretion. For the avoidance of doubt, any amounts paid and
received by us in connection with a cancelled product order will be refunded.
7-
Report a violation of the
Terms of Use:
1. We are committed to ensuring that the products and content contained on the
Site comply with these Terms of Use. If the content contained does not fit into
these Terms of Use please notify us and we will investigate the matter.
8-
General Provisions
- Applicable Law: These Terms of Use
and any of the relevant non-contractual rights or duties shall be governed
by and construed in accordance with the laws of the Arab Republic of
Egypt.
- Dispute Resolution: If you have any
issues with our services please contact us. We will work hard to solve the problem facing
you as soon as possible. Any disputes or controversies relating to these
Terms of Use, including any relevant non-contractual rights or
obligations, shall be settled by the courts of the Arab Republic of Egypt.
- Third Party Rights: A person who is not
part of these Terms of Use has no right to enforce any of their terms.
- Relationship of the parties: Nothing in these
Terms of Use can be interpreted or interpreted by the parties or third
parties to interpret the relationship between us as between partners or
agents or there is a joint venture between the parties, but it is
understood and clear that all parties to the agreement are independent
parties .
- Additional Confirmations: The parties take
the necessary actions or arrange to take the necessary actions, edit
documents and other matters within their authority in order to enforce and
verify the operation of these Terms of Use, including but not limited to
helping each party comply with applicable law.
- Disclaimer: These Terms of Use are committed
to ensuring the benefit of the parties and their respective and officially
authorized successors. You agree that you will not assign or transfer the
Terms of Use or any of your rights or obligations relating to these Terms
of Use, whether directly or indirectly, without our prior written consent.
- Entire Agreement: These Terms of Use and the documents referred to or included in the
Terms of Use represent the entire agreement between the parties with
respect to the subject matter of the Agreement and supersede and supersede all prior agreements,
negotiations and representations, written or oral, relevant to the Topic.
Except as specified in the Terms of Use and the documents referred to or
included in these Terms of Use, there are no conditions, representations,
warranties, representations or agreements between the parties, whether
direct, indirect, or Collectively, explicitly or implicitly.
- Amendments: No amendment to these Terms of Use or any addition or supplementation
may be made. We reserve the right to make any amendment, change, addition
or completion of these Terms of Use at any time or from time to time. We will post the
current version of the Terms of Use on the Site and it will be effective
when posted on the Site or based on the date specified by us as the
"Effective Date" (if applicable). Your continued use of the
Services in the event of any changes You agree to be bound by the amended
Terms of Use.
- Separability of the Terms: If any provision of these Terms of Use is deemed to be repealed by any of
the competent courts or illegal or unenforceable, that provision of these
Terms of Use shall be revoked and the remainder of the Terms and
Conditions shall continue in force as long as the legal and economic
substance of the Transactions made under the Terms of Use shall survive
without any adverse effect on the parties.
- Force Majeure: Neither party shall
be liable for the existence of loss, damage, delay or non-performance as a
result of acts beyond the control of any of the parties whether such act
is foreseeable (such as act of God, actions of the legislative, judicial
or regulatory authorities of either the federal or local government or
jurisdictions, actions by any of our subcontractors or any third party
supplier of goods or services to us or labor disturbances). or complete
power outages or economic boycotts).
- No Disclaimer: A waiver of any of the provisions in the Terms of Use shall not constitute
a waiver of any of the other provisions (similar or otherwise), and no other
waiver shall be deemed a continuing waiver of any of the provisions in
question, unless expressly and in writing so stated.
- Continued Enforceability: All provisions that
are stated to remain in force or that are inherently effective after
termination of the contract shall remain in force after termination or
suspension of your membership in the Site.
- Purchasing
any product or service through the Site Store or Mobile App constitutes
acceptance of this Policy.
- This
policy is subject to change when the need arises without notice to
customers but by posting and updating it via this page.
9-
Delivery Policy
Thank you for shopping from Nabtety
store.
Our
products are individually designed, so each product is unique, all items sold
are final, any damaged product or products will be replaced by a non-defective
product or products.
1.
Delivery costs: Delivery costs will be as displayed to you on our
website upon checkout based on your total order and delivery location.
2. Date of
delivery or arrival: This information will be displayed to you on our website.
3. Delivery delay:
1.
An order delay may occur if the
order supplies do not arrive at our store on time or we encounter any
logistical problem during delivery.
2.
If our supply of the product is
delayed due to an event beyond our control, we will contact you as soon as
possible to notify you and will take steps to minimize the impact of the delay.
3.
In the event that no one is at your
address to receive the product and the products cannot be sent through your
mailbox, we will notify you of how to rearrange delivery or receive the
product.
4.
If you do not collect the product
from us as arranged for or if you do not rearrange delivery or receive it from
the delivery warehouse after delivery has failed for you, we will contact you
for further instructions. If, despite our reasonable efforts, we are unable to
contact you, rearrange delivery or pick up, we will cancel your order.
10-
Communication Channels
Communication-related communication must be made through
one of the following channels below only:-
Email: sales@nabtety.ehattley.com
Phone:
+20-15-587-664744
WhatsApp:
11-
Order cancellation and refund
policy
The customer has to carefully determine his requirements,
once the purchase order is submitted, it cannot be cancelled or refunded.
·
At Nabtety Store,
we commit that all products that are displayed have an image, description and explanation
that satisfies the decision to buy or not, and the sizes, shapes and lengths
may vary slightly for natural plants.
·
When the order arrives, you can
check the plants and have the option to accept or return them with the
representative with a refund of what you have paid, including tax fees,
except for delivery fees.
·
When you purchase any product from Nabtety store
by bank
transfer, visa or any of the electronic payment methods, you have the right to
return the product without giving any reasons within 7 days from the date of
purchase and receive the amount you paid for this product including tax
excluding shipping fees and the amount is returned to the credit card used for
payment within 14 working days.
·
Replacement and return of all
agricultural tools such as scissors, fertilizers and ponds provided that they
are returned in their original condition and packaging, except for natural
plants where they cannot be exchanged or recovered after receipt.
·
The product cannot be exchanged
directly for another product but you can return your purchases and then
purchase another product.
·
Our cancellation. We may cancel your
order(s) if:
o Don’t
make any payment when it’s due.
o you
fail, within a reasonable time when we request them, to provide us with the
information necessary for us to deliver the Products; or
o do not
allow us, within a reasonable time, to deliver the Products to you or collect
them from us; or
o You are
trying to buy in bulk or multi-order
o The
request(s) cannot be met due to the unavailability of the product(s).
o Other
reasons why we are unable to sell or deliver the order.
12-
General Conditions applicable
to all returns
Nabtety reserves the right to return the product to the customer
if the returned product does not meet any of its
guidelines or conditions. The customer is not entitled to a refund of any
amount if the product is not eligible for return. In case a product rejects a
return request at any stage.
13-
Plants
Photos of the plant. Photos of plants displayed on the site to show only the
type of plant and not the actual plant. The plant specifications will be
mentioned in the description of the item.
The size of the plant. The sizes of plants are always approximate and can be 10
to 20% larger or smaller than the mentioned sizes.
Plants pot/pot/pot. All plants are sold in a plastic pot unless
different plant specifications/options are mentioned in the product
description.
Plants that carry / bloom. Fruitful flowering plants with or without few
flowers / fruits can be sold depending on the season.