Bouteek Platform Terms and Conditions

These terms govern the use of the Bouteek website, the online marketplace and the related account services. The operator is BOUTEEK MARKETPLACE FOR E-TRANSACTION COMPLEX - L.L.C, registered with the Abu Dhabi Department of Economic Development under number CN-6176144, whose registered office is at UAE, Abu Dhabi, Al Danah, Dar Alsalam, Office #21, licensed to operate in the United Arab Emirates. "Bouteek" and "we" mean that entity, "the seller" means the business offering the product, and "you" means the person who uses the platform or places an order. These terms complement the privacy, shipping and returns notices and do not restrict any mandatory right under the law of the United Arab Emirates.

The additional agreements and policies approved by Bouteek, including the Seller Agreement and Commercial Schedule, the Privacy Policy, the Shipping and Delivery Policy, the Returns, Refunds and Cancellation Policy and the AI Terms of Use, complement these terms according to the nature of the service or transaction.

If these terms conflict with any terms specific to a particular service or transaction that the party concerned has expressly agreed to, the specific terms prevail only to the extent of the conflict, without prejudice to any mandatory rights or obligations under the legislation in force in the United Arab Emirates.

You must have the legal capacity to enter into the relevant transaction, and anyone acting for a business must be authorised to bind it. Keep your account details accurate and up to date, protect your sign-in details and report any unauthorised use immediately. This does not make the user responsible for activity resulting from a failure for which Bouteek is legally responsible. The platform is intended for (to be confirmed), and an idea account or a private store does not permit public selling.

Bouteek may request the documents and information reasonably needed to verify the user's identity and legal capacity and the accuracy of the business's details, licences and the permits required to carry on the activity, in accordance with the legislation in force and the Privacy Policy. Creating an account or a private store or completing registration does not give an automatic right to offer products for sale: activating a seller account and keeping it active depend on meeting the verification requirements, Bouteek's approval and compliance with the approved Seller Agreement.

Creating or using multiple accounts for fraudulent or misleading purposes, or to get around restrictions or measures imposed by the platform, is prohibited, as is selling or transferring an account or allowing others to use it without authorisation. Bouteek may take measures proportionate to the nature of the breach under clause (8) of these terms.

The Bouteek platform allows sellers to offer their products to buyers and to conclude purchase transactions through the platform. The product page and checkout show the seller's identity and basic details and the party that concludes the sales contract with the buyer. Bouteek operates within the scope of the services set out in these terms, which may include providing the online listing, receiving orders and coordinating with payment and delivery service providers, as actually in place.

Bouteek acts as the operator of an online marketplace that allows independent sellers to offer their products and complete transactions with buyers, and is not the seller or direct supplier of the products unless expressly stated otherwise in the transaction concerned. The seller identified at checkout is responsible, in accordance with the law, for the lawfulness, authenticity and quality of the products, the accuracy of their descriptions, their availability and the performance of the obligations arising from the sales contract. Bouteek facilitating payment, managing orders, coordinating with delivery providers or handling complaints does not automatically transfer the seller's obligations to Bouteek, without prejudice to Bouteek's responsibilities under the law.

Placing a purchase order is an offer to buy under the procedures shown on the platform, and the automatic notice that the order has been received is not, by itself, final acceptance of it. The sales contract is concluded when the acceptance event specified and approved in the order procedure occurs. A basket may contain products from several sellers, in which case a separate sales contract is formed with each seller, with fulfilment, delivery arrangements and fees differing as disclosed before payment.

An order may be refused or cancelled before the sales contract is concluded for legitimate reasons, including the product being unavailable, a material error in the price or details, payment not being authorised or a reasonable suspicion of fraud. After the contract is concluded, cancellations are subject to the parties' rights, the terms of sale and the applicable laws, and any amounts due for refund are handled under the approved policy.

Product pages show the main characteristics, the seller's details and the applicable terms, and before payment checkout shows the total price, currency, taxes, delivery charges and any mandatory fees. Images or materials supported by artificial intelligence must not be materially misleading. Payments are processed through Stripe, and the invoice or receipt is issued by (to be confirmed). Bouteek does not provide a wallet or an escrow service unless expressly stated in approved terms.

The seller must ensure that the product details, prices, stock, images and descriptions published on the platform are correct and accurate, and Bouteek may review, correct, restrict or remove any listing containing misleading, inaccurate or unlawful information or information that breaches the platform's policies, subject to the applicable procedures.

If a genuine and material error is discovered in pricing, product details or technical processes, appropriate corrective action may be taken, including refusing the order before the sales contract is concluded or dealing with it after conclusion in accordance with the contract and the law, with notice to the buyer and a refund of any amounts due on a lawful cancellation.

Bouteek, directly or through approved payment service providers, may carry out reasonable checks to prevent fraud or unauthorised use of payment methods, request proportionate verification information, or temporarily suspend or refuse the processing of a transaction where there are justified reasons, in accordance with the law. The buyer must use a payment method they are authorised to use.

The Shipping and Delivery Policy governs service areas, estimates and fees, and the Returns, Refunds and Cancellation Policy governs how cases are handled. A seller's own policy may not reduce mandatory rights. Contact the support team through the Contact us page or support@bouteek.ae with your order reference, and we will coordinate with the seller and the carrier according to the agreed role.

Orders may include products from several sellers and may be subject to different shipping and delivery dates and fees, as disclosed to the buyer before the order is completed. Within its actual role and its legal and contractual obligations, Bouteek works to facilitate communication and coordination between the buyer, the seller and the delivery service provider to handle enquiries, complaints and problems relating to orders, without this automatically transferring the obligations of the seller or the delivery service provider to Bouteek, and without prejudice to consumer rights under the law.

You keep the rights you own in the content you submit and grant Bouteek a non-exclusive licence to host, display, format and distribute it to the extent needed to provide the requested service, for its duration and in the approved territories. Separate permission is required for any public promotional use outside that purpose. You must not infringe the rights of others, impersonate anyone, submit unlawful or fraudulent content, interfere with the platform's security or extract private information. The Acceptable Use and Prohibited Products Policy applies.

Bouteek or its licensors, as the case may be, hold all intellectual property rights in the platform, its software, designs, trademarks, logos, content, technical tools and other protected materials, and using the platform gives the user no ownership right in them. The user's right is limited to using the services in accordance with these terms, and copying, reproducing or exploiting any of those materials outside the scope of authorised use without prior written consent is prohibited, subject to the exceptions provided by law.

Outputs and readiness scores are subject to the AI Terms of Use and the feature disclosures. Review outputs before relying on them. We do not guarantee uninterrupted availability or commercial success, subject to the standard of care and the mandatory obligations under the law. Material changes to paid services are subject to the agreed subscription terms and mandatory rights.

The platform may include services or features supported by artificial intelligence that are in trial stages, under development or available to particular groups of users, and announcing future features is not a commitment to provide them unless expressly agreed otherwise. The accuracy of AI outputs and recommendations may vary with the data provided and the nature of the use, and the user must review them and check that they are suitable before making commercial, financial or operational decisions based on them. The user's rights relating to paid services and Bouteek's obligations remain subject to the agreed terms and the applicable legislation.

Bouteek may take proportionate measures in response to unlawful activity, security risks, a material breach or the requirements of a provider or regulator. Where lawful and practicable, we give reasons, notice and an opportunity to respond, and urgent action may be taken before notice. Closing an account does not cancel remedies owed to customers, valid orders or the necessary retention of records.

The grounds for taking the measures set out in this clause include, without limitation, providing materially incorrect information, repeated misuse of the platform's services, fraudulent or misleading activity, manipulation of promotions or transactions, or attempting to get around previously imposed restrictions or suspensions. These measures are taken on reasonable grounds and in proportion to the nature of the breach, having regard to the user's rights and the notice and review procedures required by law.

Each party must perform the obligations it owes under these terms and the contracts concluded through the platform and is responsible for its breach of them, within the limits of its actual role, its contractual obligations and the applicable legal provisions. No provision of these terms exempts any party from a liability imposed by law, or excludes or restricts any right or guarantee established by mandatory provisions that cannot be departed from by agreement. The liability of Bouteek, the seller and any other party connected with the transaction is determined according to the nature of the service provided and the obligations of each party under the law and the contract concerned.

The platform may rely on independent service providers to deliver some of its services, including payment, delivery, hosting and technical services. Each provider is responsible for its own obligations and acts under the relevant contracts and the legislation in force, and Bouteek is not liable for damage arising solely from the acts or omissions of those providers where that damage does not arise from a breach by Bouteek of its legal or contractual obligations.

To the extent permitted by law, Bouteek is not liable for indirect or consequential losses, including loss of profits, business opportunities or anticipated savings, where excluding that liability is legally permissible. This exclusion does not apply to any liability or rights that cannot be excluded or restricted under the legislation in force, including mandatory consumer rights.

Subject to clause (9.1) and any applicable mandatory legal provisions, Bouteek is not liable for a breach or damage arising solely from an act or omission of another party, where it is shown that the breach or damage is not attributable to an act or omission for which Bouteek is legally responsible. This clause is not to be read as exempting Bouteek from liability for its own obligations or for any act or omission for which it is legally responsible, or as reducing consumer rights under the legislation in force.

These terms are governed by and interpreted under the laws of the United Arab Emirates, and the competent courts of the Emirate of Abu Dhabi have jurisdiction to decide disputes arising from them.

The parties will seek in good faith to settle disputes arising from use of the platform or transactions concluded through it amicably by contacting Bouteek through the official support channels shown on the platform. Amicable settlement procedures do not prevent any party from referring the matter to the competent authority or taking the legal action available to it under the law.

Bouteek may amend these terms where there are operational, technical, commercial or legal reasons that require it. The amended version will be published with its effective date, and users will be notified of material amendments a reasonable time before they take effect, by a means suited to the nature of the amendment, where this is required or appropriate under the law. Amendments do not apply retroactively to completed transactions, and existing transactions remain subject to the terms that applied to them when they were concluded, unless the parties validly agree otherwise.

Where the legislation in force or the nature of the amendment requires a new consent from the user, Bouteek will carry out the necessary acceptance steps before applying the amendment to the user concerned.

Notices relating to these terms are sent to the contact details registered in the user's account or through the platform's approved notification channels, according to the nature of the notice and the applicable legal provisions. The user must keep their contact details up to date. Using electronic means for notices does not affect any legal requirements relating to the method of notification, proof of receipt or effectiveness.

If any provision of these terms is found to be invalid or unenforceable, in whole or in part, this does not affect the validity and enforceability of the remaining provisions to the extent permitted by law, and the provision concerned is interpreted or, where legally possible, replaced by a valid provision that achieves the same legitimate purpose without prejudice to the mandatory rights of the parties. A party's failure to exercise any of its rights under these terms is not a waiver of that right unless the waiver is valid and express under the law.

These terms and conditions may be made available in Arabic and English, provided that the two versions are consistent in substance and in their essential provisions. If the two versions differ in interpretation, the Arabic version prevails to the extent permitted by law, having regard to consumer rights and the legal requirements on language, disclosure and contracting.

Acceptance should be shown separately: "I agree to the Bouteek Terms and Conditions"; and at checkout: "I agree to the purchase terms and the delivery and returns policies shown for this order". The seller's identity, the total price and the policy links must be shown before submission. A copy of the document and its version, the identity of the user or business, the event record and the timestamp are kept to the extent justified. Marketing or cookie options are not pre-selected.

Electronic acceptance procedures must, according to the type of user and service, include a separate and clear consent to the relevant agreements, including the Seller Agreement and Commercial Schedule when a seller account is activated, and the AI Terms of Use when the related services are activated. Acknowledging that the privacy notice has been read must be distinguished from the consent required by law for specific processing purposes, and optional marketing choices must be kept separate from consent to the core terms and must not be pre-selected.

Bouteek keeps, to the extent necessary and lawful, a retrievable electronic record proving the copy of the accepted document, its version number, the identity of the user or business, the capacity of the authorised representative where relevant, the date and time of acceptance and the action through which it was given, and makes it possible to refer back to the approved version, in accordance with the data protection and record retention requirements set by law.