Terms of service

ASSENT & ACCEPTANCE

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:

    • YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
    • LIMITATIONS OF OUR LIABILITY TO YOU; AND
    • A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

YOUR ACCESS TO AND USE OF THE SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see “Changes to these Terms” below.) By accessing, browsing and/or using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND XBavly LTD.

Consequences of Non-Compliance

Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services.

ACCURACY OF INFORMATION

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to user descriptions, pricing, availability, promotions and offers. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and conditions at any time and for any reason. We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and conditions by your continued use of the Site after the date such revised Terms and conditions are posted.

AVAILABILITY OF SERVICES

The Services are usually available daily unless otherwise specified herein.

  • There may be certain times that the Services may not be available due to maintenance or malfunction of the Portals or such other reasons beyond the control of XBavly. XBavly makes no warranty that the Services will be available at the times stated herein.
  • Unless otherwise provided in these Terms of Service, XBavly shall be entitled at its absolute discretion, without notice to you, to change the procedures, the mode of operation of the Services at any time and from time to time for any reason whatsoever.
  • Notwithstanding any provisions to the contrary in these Terms of Service, XBavly shall be entitled to:
  • immediately terminate, discontinue, withdraw, or suspend your use of the Services without notice; or impose conditions or restrictions on your use of the Service without notice.

ORDERING

  • All the purchases from this website shall be governed by our terms and conditions.
  • If you make an Order for buying any Item from our website. At the time of order, while providing your details you must be careful and warrant that the details provided are true and accurate.
  • Payment mode shall be: Visa, MasterCard, Telda, InstaPay, Meeza, Yalla Super App, myFawry Yellow Card. Mobile wallet such as Vodafone Cash, Orange Cash, Etisalat Cash & WePay.
  • You will need to register on the site with information about yourself that is accurate, current, and complete. The password you provide should be kept secure and you must notify us of any breach of security or unauthorized use of your account.
  • You place an order on the site by adding your selected item(s) to the shopping bag and proceeding to checkout. Items in your shopping bag are not reserved and may be purchased by another customer. Please read and check your order carefully before submitting it.
  • Payment will be collected immediately upon completion of the payment process and an email will be sent to confirm your order. Another email will be sent a later day to confirm the details of the delivery of your Item.
  • In any case of exception, we may contact you to say that we do not accept your order. This is typically for the following reasons:
    1. the Items are unavailable;(due to discontinuation etc.)
    2. we cannot authorize your payment.
    3. you are not allowed to buy the Items from us.
    4. we are not allowed to sell the Items to you.
  • there has been a mistake in the pricing or description of the Items.
  • In such a scenario we will be sending you a mail to confirm that your order has not been accepted and your payment will be transferred back to you within the next 24 hours from this mail.
  • We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
  • A legally binding contract will be in place between you and us; and
  • We will dispatch the Items to you or inform you of the estimated dispatch date.
  • Any order to purchase an Item that you place with us is subject to acceptance by us. When you make your order online, we will provide you an email to confirm that we have received it.
  • If there is an error in the order confirmation, please contact us immediately by email at support@xbavly.com.
  • We take customer feedback very seriously and use it to constantly improve our Items and quality of service.

PAYMENT AND PRICES

  • We reserve the right to change our product’s prices at any time without further notice.
  • You may pay for the Services in such currency that is available on the Portals in accordance with the prevailing exchange rate determined by XBavly at its absolute discretion.
  • You shall be solely liable to make payments and applicable taxes, if any, in relation to and in connection with the usage of the Services (or any of them) through the Account.
  • XBavly shall have the absolute discretion to cancel any payment request made by you without assigning any reasons whatsoever.
  • XBavly shall be entitled to vary or modify or remove the modes of payment available on the Portals (or any of them) at any time without prior notice to you.
  • All prices on this website are in EGP Egyptian pound.
  • We make every effort to ensure that all prices displayed on the site are accurate. However, errors are possible. If we have quoted an incorrect price on the site and the correct price is less, we will assume that you wish to proceed with your order. If, however, the correct price is higher than the price originally quoted, we will contact you to determine whether you wish to proceed with the order.
  • You are responsible for any fees, taxes or other costs associated with the purchase and delivery of your items resulting from charges imposed by your relationship with payment services providers or the duties and taxes imposed by your local customs officials or other regulatory body.
  • For customer service inquiries or disputes, you may contact us by email at support@xbavly.com.

ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of XBavly.

  • You further agree not to use the Website or Services:
  • To harass, abuse, or threaten others or otherwise violate any person’s legal rights.
  • To violate any of our intellectual property rights or any third party.
  • To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
  • To perpetrate any fraud.
  • To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
  • To publish or distribute any obscene or defamatory material.
  • To publish or distribute any material that incites violence, hate, or discrimination towards any group.
  • To unlawfully gather information about others.

NO WARRANTIES

You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.

LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you because of your use of the Website or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

CONTACTING US

If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you can do so by emailing us at support@xbavly.com.

XBavly