These terms and conditions ("Terms") apply whenever you use our website www.blackcoffee.ae (the "Website") or order any coffee beans, food, merchandise or other products ("Products") through the Website or otherwise from us.
Please read these Terms carefully and print a copy for your future reference. By using the Website or ordering any Products from us, you agree that you have read, understood and agree to these Terms (as amended from time to time). If you do not agree to these Terms, you must not use the Website or order any Products from us.
1 About us
1.1 Specialty Black Coffee By Café Younes LLC (referred to in these Terms as “Black Coffee by Café Younes”, “we”, or “us”) is a limited liability company registered in Dubai, United Arab Emirates (UAE), whose commercial license number is 791269 and whose registered address is at PO Box 414873 Dubai, with a paid up share capital of AED 100,000.
1.2 Should you have any questions about these Terms or wish to contact us for any reason whatsoever, please e-mail us on firstname.lastname@example.org.
2 About you
By ordering any Products from us, you confirm that you are (i) over 18 years old (ii) resident in one of the Gulf Cooperation Council (“GCC”) countries and (iii) ordering Products for delivery in the GCC . If any of the above is incorrect, you must notify us and we reserve the right, in our sole discretion, to refuse or accept your order.
3 Use of the Website
3.1 You agree to use the Website only for lawful purposes and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else's use and enjoyment of the Website.
3.2 You are permitted to download and print content from the Website solely for your own internal business purposes and/or personal use. Website content must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the content of this Website or reproduce, link, frame or deep-link it on any other website without our express written permission. You are not entitled to use the content of the Website for commercial exploitation in any circumstances.
3.3 Without limiting any other rights and remedies we may have available, we may, without giving any notice, limit your activities on the Website, deny you access to the Website or refuse to sell Products to you if you breach these Terms or if we consider your use of the Website to be inappropriate.
4 Product descriptions
4.1 All Product descriptions and illustrations shown on the Website are provided in good faith but are intended as guidance only and actual Products may vary accordingly.
4.2 All prices shown on the Website are in shown in UAE Dirhams. Unless otherwise stated on our Website, prices shown on the Website do not include delivery charges, custom duties (if outside the UAE) or other charges, which will be added to any order you place. Our current policy for deliveries within Dubai is (i) free delivery on all orders of AED 100 and above and (ii) a charge of AED 10 on orders below AED 100. Please contact us for delivery charges outside of Dubai.
4.3 Whilst we use reasonable endeavours to keep prices up-to-date on the Website, we reserve the right to alter prices and delivery charges at any time.
5 Ordering Products
5.1 Before placing an order to purchase a Product, you will be given the option to purchase as a ‘guest’ or to register with us. By creating an account with us, you will be able to move through the checkout process faster, store multiple shipping addresses, store your preferred Products, view and track your order status and history and more. If you choose to register with us you will be asked for a user name and password as your login information to create your account. You are responsible for keeping your account login information secret and secure and you agree:
(a) Not to permit any other person to use your user name and password; and
(b) Not to disclose or provide any other person your user name, your password or any other information that may allow other person to gain access to your user name or password.
5.3 When you place an order to purchase a Product from us, your order represents an offer to us to purchase that Product, which we may choose to accept or refuse – it does not represent a legally binding contract.
5.4 Whilst we will do our best to fulfil your order (once it is accepted), we cannot guarantee to do so (for example, where our vendors are out of stock, where your card issuer refuses to authorise your payment or where Products have been incorrectly priced on our Website). Your offer is accepted by us and becomes binding only when we expressly confirm your order in writing (either by invoice submitted with Products delivered, e-mail or otherwise).
6 Payment for the Products and Cancellation
6.1 All Products will remain our property (or those of our vendors where we are selling on a consignment basis on their behalf) until we have received payment in full for those Products.
6.2 During the checkout process, you will be asked to complete your payment option. All highlighted fields must be completed. We accept payments online using Visa or MasterCard debit or credit cards. Please note that if you opt to pay via debit or credit card on our Website, our third party payment partner will handle your card details via their secure connection. We will not retain your credit card information but we do recommend that you retain a copy of transaction records and associated policies and rules.
6.3 All card payments are subject to authorisation by your card issuer. If your payment is not authorised, we will cancel your order and notify you in writing (which may include e-mail) that we have done so.
6.4 If we cannot supply you with the Products that you have ordered, we will cancel your order and inform you of this as soon as reasonably possible. We will give you a full refund where you have already paid for the Products.
6.5 If you wish to cancel your order you must inform us as soon as reasonably possible and, in any event, within 24 hours of placing the order. Cancellation of any orders will be at our sole discretion but where we do accept your cancellation we will give you a full refund where you have already paid for the Products.
7 Delivery of the Products
7.1 Delivery will be to the address specified in your order or you can opt to pick it up from us at Black Coffee - Duja Tower, Dubai (“Store”). We endeavor to make delivery (or pick up available) within Dubai (i) the next working day provided that your order is placed before 7pm or (ii) within 2 working days if your order is placed after 7pm. Delivery time depends on the Products, the vendors and availability and your exact location but we cannot guarantee the delivery date or time.
7.2 If no one is available at the address at the time of delivery, the Products will be retained by us for a reasonable period of time (up to 24 hours) at the Store. During this time you may email us on email@example.com to arrange either pick up in Store or we can arrange re-delivery within 24 hours at a further amount charged to your credit card. If you fail to contact us or collect the Products, we reserve the right to retain any costs incurred in arranging for the delivery, return and/or restocking of the Product.
7.3 All risk in the Products you order (including risk of loss and/or damage to the Products) shall pass to you when they are delivered to the delivery address specified in your order.
7.4 We shall be under no liability for any delay or failure to deliver Products if the delay or failure is wholly or partly caused by circumstances beyond our control.
8.1 We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. We exclude however, subject to Clause 8.6, all other representations, warranties, conditions and terms express or implied by law or otherwise to the fullest extent permitted by law.
8.2 We will not be liable for any special, indirect, incidental, consequential or economic loss or for loss of profits or revenues howsoever caused arising in connection with any order placed by you.
8.3 Notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage shall, subject to Clause 8.6, be limited to the sums paid by you for the Products.
8.4 We will not be liable to you where we breach these Terms due to any cause that is beyond our reasonable control, including acts of God, explosions, floods, tempests, fires or accidents; epidemics or flus, wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, by-laws, decrees or laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining Products from vendors, materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
8.5 This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website, or any use of personal data by such third party.
8.6 Nothing in these Terms shall limit our liability for personal injury or death caused by our negligence, fraud or any other liability which cannot be excluded or limited by law.
9.1 You should check all Products you receive against your order. If you receive Products that are damaged or incorrectly supplied then you must note the details of any damage or error in supply on the delivery documentation and it will be your responsibility to tell us of the damage or incorrect supply within seventy (72) hours of delivery. You must return the Products to us as soon as possible after notifying us that the Products are damaged or have been incorrectly supplied. Please note that we will not accept the return of any damaged or incorrectly supplied Products where you fail to notify us of this within seventy (72) hours of receiving them.
9.2 Subject to Clause 9.1, if the Products (i) are damaged at the time of delivery (ii) have past their stated expiry dates at the time of delivery (iii) or have been incorrectly supplied then we will, either provide a replacement or provide you with a credit equal to the value of such Products, which you can use against future purchases of Products from us. Return of any Products for any other reason would be at our sole discretion but we cannot accept any returns of any sale Products. If you have any queries in relation to our exchange policy please email to firstname.lastname@example.org for further assistance.
10 Intellectual Property Rights
As between you and us, we own all present and future copyright, registered and unregistered trade marks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website.
11.1 You agree to indemnify and keep us indemnified from and against all costs, claims, demands, liabilities, expenses, damages or losses (including, but not limited to, direct losses, consequential losses, loss of profit and loss of reputation and all interest, penalties, and legal and other professional costs and expenses) arising out of and in connection with any breach of these Terms by you.
12 Other important terms
12.1 These Terms were last updated on 1 July 2020. We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website and your continued use of the Website confirms your acceptance of the updated or amended Terms.
12.2 These Terms supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
12.3 You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing.
12.4 We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any affiliate or third party at our discretion.
12.5 No relaxation or delay by us in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
12.6 If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.
12.7 Only you and we shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms.
12.8 These Terms are governed by and shall be construed in accordance with UAE law as applicable in the Emirate of Dubai. In the event of any matter or dispute arising out of or in connection with these Terms, you and we shall submit to the exclusive jurisdiction of the Dubai International Financial Centre (DIFC) Courts, including the DIFC small claims tribunal (where applicable).