Terms and conditions sales

UbiToyz Sales

Introduction These are the terms and conditions governing your access to and use of the website UbiToyz.com and its related sub-domains, sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with UbiToyz F.Z.C("we", "us" or "UbiToyz.com") in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site. Before you may become or continue as a member of the Site, you must read, agree with and accept this User Agreement and UbiToyz's Privacy Policy (the "Privacy Policy"). You should read this User Agreement and the Privacy Policy and access and read all further linked information referred to in this User Agreement, as such information contains further terms and conditions that apply to you as a user of UbiToyz.com. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.

Eligibility for Membership

UbiToyz.com wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of UbiToyz.com under this User Agreement or at law, UbiToyz.com reserves the right to limit or withdraw access to the Site or the membership of any person if UbiToyz.com believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by UbiToyz.com. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.

Your Account and Registration Obligations

When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.

On becoming a member of the Site, you agree:

  • You 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. You agree to immediately notify UbiToyz.com of any unauthorised use of your password or account or any other breach of security. In no event will UbiToyz.com be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse UbiToyz.com for any improper, unauthorised or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorised such access.
  • You will provide true, accurate, current and complete information about yourself as prompted by UbiToyz.com's Membership form (the "Membership Data").
  • You will treat any other member's information provided to you (in accordance with these terms of use and the information on the Site) by UbiToyz.com or any other user as confidential.
  • You will maintain and promptly update the Membership Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if UbiToyz.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of UbiToyz.com under this User Agreement or at law, UbiToyz.com has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.

UbiToyz.com may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to UbiToyz.com upon such requests. You acknowledge and agree that if you do not, UbiToyz.com without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.

Electronic Communications

You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. UbiToyz.com requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

Amendments to this User Agreement

You acknowledge and agree that UbiToyz.com shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that UbiToyz.com at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.

Fees and Services

UbiToyz.com is not an auction house nor a bank, and does not offer auction or banking services. The Site is an online platform allowing for the purchase of items by buyers. Membership on the Site is free. UbiToyz.com does not charge any fee for browsing, buying listed items on the Site. UbiToyz.com may choose to temporarily change the fees for our services for promotional events (for example, free shipping days) or new services, and such temporary changes are effective in accordance with their terms when we post them on the Site. Unless otherwise stated, all fees shall be quoted in your country's currency.

UbiToyz Credit Card Payment

The UbiToyz Credit Card Payment system means that payment for items on the Site may be made online or partly online through the UbiToyz.com payment facilities of credit card payments (or other payment methods which UbiToyz.com may make available on the Site from time to time) .

"We accept payments online using Visa and MasterCard credit/debit card in AED (or any other currency agreed)". The cardholder must retain a copy of transaction records and Merchant policies and rules.

Your Information You grant

UbiToyz.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, that you provide to us or other users of the Site and/or post on the Site in the registration, buying or renting, in the feedback area or through any e-mail or by way of any other feature or use of the Site (the "Information") for the purposes of operating and promoting the Site in accordance with this User Agreement and the Privacy Policy . You are solely responsible for the Information, and we act as a passive conduit for your online distribution and publication of the Information.

Use of the Site While using the Site, you will not:

  • fail to deliver payment for items purchased by you, unless UbiToyz has materially changed the item's description or related matters after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
  • fail to deliver items purchased from UbiToyz, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity
  • attempt to conclude transactions relating to offer for sale on the Site (including by cancelling an offer of sale) outside of the Site
  • use contacts made by buying on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another website
  • claim an item was not sold when in UbiToyz.com's sole discretion the item was sold in accordance with this User Agreement and the Site's policies
  • manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users)
  • circumvent or manipulate our fee structure, the billing process, or fees owed to UbiToyz.com
  • take any action that may undermine the Site's feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to UbiToyz.com)
  • transfer your Site account (including feedback) and username to another party without our consent
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes
  • distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site's users
  • create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers
  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure
  • interfere or attempt to interfere with the proper working of the Site
  • attempt to take over another user's account or carry out any hacking or phishing of the Site or user accounts and related features
  • export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions
  • copy, modify, or distribute any content from the Site or otherwise infringe the Site's copyright material and/or trademarks in any way
  • violate any laws, rules, regulations, guidelines, third party rights or our policies
  • abuse UbiToyz.com's Shipping Policy , Listing Policy , or any of UbiToyz.com's other policies or terms and conditions posted on the Site from time to time

You undertake, represent and warrant that:

  • you are 18 years of age or over the age of 18 years

Copyright

All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either UbiToyz F.Z.C, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of UbiToyz.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws.

Trademarks

"UbiToyz.com", "UbiToyz" and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of UbiToyz.com and are protected by international trademark and other intellectual property rights and laws. UbiToyz.com's trademarks may not be used in connection with any product or service that is not UbiToyz.com's nor in any manner that disparages or discredits UbiToyz.com. All other trademarks not owned by UbiToyz FZC that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by UbiToyz FZC.

Abusing UbiToyz.com

Please report problems of any kind or violations of this User Agreement to team info@UbiToyz.com. If you believe that your intellectual property rights have been violated, please notify at info@UbiToyz.com. Without prejudice to any other rights and remedies of UbiToyz.com under this User Agreement or at law, UbiToyz.com may limit, suspend or withdraw a user's access to the Site and/or a user's membership of the Site or remove hosted content. Also UbiToyz.com can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.

Privacy

UbiToyz.com takes reasonable measures (physical, organisational and technological) to safeguard against unauthorised access to your personally identifiable information and to safely store your personally identifiable information. However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed. UbiToyz.com has no control over the practices of third parties (e.g. website links to this Site or third parties who misrepresent themselves as you or someone else). You agree that UbiToyz.com may process your personal information that you provide to it for the purposes of providing the services on UbiToyz.com and for sending marketing communications to you, and that the Privacy Policy of this Site governs our collection, processing, use and any transfer of your personally identifiable information.

"All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties".

SERVICES AND LIMITATIONS

  • Ubitoyz service enables members to select a toy from a catalog of toys, that might change from time to time.
  • Ubitoyz will NOT deal or provide any services or products to any of OFAC sanctions countries in accordance with the law of UAE
  • Ubitoyz ensures that a toy is sent from its fulfillment center in a clean condition. Yet Ubitoyz cannot guarantee the toy condition following the shipping process.
  • Delivery Process includes
  • Acknowledgment of order receipt by Ubitoyz team
  • Ubitoyz team will send an update to the customer that items have shipped with tracking number.
  • Once customers requests Ubitoyz team to pickup return with tracking number of initial send order, send customer the confirmation of 'return request' initiation,
  • Once delivery received by Ubitoyz from shipping company, a confirmation receipt will be sent by the Ubitoyz team.
  • We deliver anywhere within the UAE
  • The delivery charges are included in your subscription/sale price, unless specified separately.
  • Standard timeline for delivery of orders is within 7 to 10 days
  • Ubitoyz uses an algorithm to prioritise the sending of toys to members based on multiple factors such as, but not limited to, type of plan, length of membership, time elapsed from last rental, number of exchanges, etc. The sending of a toy might be delayed by the algorithm, thereby reducing the number of toys a customer might receive in any particular month.
  • "Refunds will be done only through the Original Mode of Payment".

CANCELLATION POLICY

  • Cancellation request for order is only acceptable through formal email request or through portal, if the item has not shipped as shown on portal or intimation about dispatch has not been issued by Ubitoyz team to customer. Also, if the item is damaged on receipt, then a request for cancellation can be initiated via portal providing a 'photograph' to info@ubitoyz.com, within 24 hours of receipt of item.

Breach of User Agreement

Without prejudice to any other rights and remedies of UbiToyz.com under this User Agreement or at law or otherwise, UbiToyz.com may immediately and without liability: limit your activity, remove your bids, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:

  • If you breach this User Agreement;
  • If UbiToyz.com is unable to verify or authenticate any information you provide; or
  • If UbiToyz.com believes (in its sole discretion) that your actions may cause legal liability for you, other users or UbiToyz.com.

UbiToyz.com may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with UbiToyz.com or use the Site in any manner whatsoever until such time that such user is reinstated by UbiToyz.com. Notwithstanding the foregoing, if you breach this User Agreement UbiToyz.com reserves the right to recover any amounts due and owing by you to UbiToyz.com or any losses and damages caused by you to UbiToyz.com and to take such steps including legal action and/or the initiation of criminal proceedings against you as UbiToyz.com in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of UbiToyz.com's right to take any actions with respect to that, or subsequent or similar breaches. UbiToyz.com does not guarantee that it will take action against all breaches that there may be of this User Agreement.

Withdrawal of Access and/or Membership

Without prejudice to any other rights and remedies of UbiToyz.com under this User Agreement or at law or otherwise, UbiToyz.com may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.

No Warranty

UbiToyz.com provides the Site and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. UbiToyz.com makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. UbiToyz.com makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that UbiToyz.com has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.

Limitation of Liabilities

To the extent permitted by law, UbiToyz F.Z.C, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not UbiToyz.com has been advised of the possibility of such losses or damages). If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorised use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to UbiToyz.com and UbiToyz.com shall treat any such unauthorised use as subject to the terms and conditions of this User Agreement.

Indemnity

You agree to indemnify and hold UbiToyz.com and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.

Relationship and Notice

None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and UbiToyz.com and you shall have no authority to bind UbiToyz.com in any manner whatsoever. Except as explicitly stated otherwise, any notices to UbiToyz.com from you shall be given by you by email to UbiToyz.com at team@UbiToyz.com with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by UbiToyz F.Z.C by return email. Any notices to you from UbiToyz F.Z.C shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.

Disputes

If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) ("Dispute") arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute. In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration Rules of the Dubai International Financial Centre - London Court of International Arbitration ("LCIA"), which rules ("Rules") are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator to be nominated to the LCIA court for appointment. If the parties to the arbitration fail to nominate a sole arbitrator within 30 days from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by the LCIA Court), the sole arbitrator shall be appointed by the LCIA Court. The seat or legal place of the arbitration shall be Dubai International Financial Centre in Dubai, UAE. The arbitration proceedings shall be conducted in the English language and the award shall be in English. The foregoing provisions of this clause are without prejudice to the right of UbiToyz.com to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and UbiToyz.com shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.

Transfer of Rights and Obligations

You hereby grant UbiToyz.com the right to, and irrevocably acknowledge and agree that UbiToyz.com may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. UbiToyz.com agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of UbiToyz.com, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of UbiToyz.com.

General

If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and UbiToyz.com with respect to the subject matter hereof. No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.

Governing Law

This User Agreement is governed by, and construed in accordance with, UAE law. This clause will survive any expiry or cancellation of this User Agreement for any reason.


instagram header and logo