1. GENERAL TERMS AND CONDITIONS

The present general terms and conditions (“Talaby”) are applicable to the relations between TALABY and its Customers.

2. DEFINITIONS

Offer: The products and services offered by a Restaurant which can be ordered by a Customer through the Platform.
Order: An order placed by the Customer with a Restaurant through the Platform in connection with an Offer.
Customer: A natural person of legal age or a legal entity placing an Order through the Platform.
Agreement: An agreement between the Customer and the Restaurant regarding an Order and delivery or collection of the Order.
Platform: The website(s), apps, tools and other equipment of TALABY and its affiliated companies and business partners on which the Service is made available.
Restaurant: A company that prepares and sells meals, beverages, products and related articles and uses the Platform for the establishment and payment of the Agreements.
Restaurant information: The information about the Restaurant with regard to, among other things, company and contact information, product range (meals, side dishes, options and beverages, including allergens), prices for each individual product (including VAT), company logo, graphics, delivery area (including postal codes), delivery costs and minimum order amount and other information about the Restaurant.
Service: The commercial services and/or activities that are offered to the Customer by TALABY, including publication of the Offer, facilitation of the conclusion of Agreements and transmission of Orders to the relevant Restaurant. The agreement with and services provided by the Restaurant to the Customers are not part of the service of TALABY.
TALABY acting for itself and on behalf of any corporate entity or person that controls, are controlled by or under the common control, directly or indirectly, with TALABY.

3. IDENTITY OF TALABY

3.1 Talaby operating under the name of Talaby:

Address principal place of business:
Dhaid-Falaj Almullah St., Dhaid, Sharjah, United Arab Emirates.
Email: info@talaby.com
License number: 733475
Tel.: +971588896497

4. APPLICABILITY

4.1 The present Talaby are only applicable to the Service.

4.2 By placing an Order, the Customer directly concludes an Agreement with the Restaurant for delivery of the Offer selected by the Customer.

4.3 TALABY is not responsible for the Offer. As the case may be, the general terms and conditions of the Restaurant shall additionally be applicable to the Offer.

5. THE OFFER

5.1 TALABY publishes the Offer on behalf of the Restaurants on the Platform, in accordance with the Restaurant information supplied by the Restaurants. TALABY does not verify the accuracy or completeness of the Restaurant information and is not responsible for the performance of the Agreement.

5.2 The Restaurant may use ingredients and additives of meals and drinks, that could cause allergies and intolerances. If a Customer is allergic to any foods or food ingredients, we advise to contact the Restaurant by telephone for current allergen information before placing an Order.

6. THE AGREEMENT

6.1 The Agreement is effective upon confirmation of the Order by the Customer at the end of the Order process.

6.2 After receipt of the Order, TALABY will electronically confirm the Order to the Customer.

6.3 The Agreement can only be executed by the Restaurant if the Customer provides correct and complete contact and address information when placing the Order. The Customer is obliged to immediately report any inaccuracies in the (payment) data supplied or mentioned to TALABY or the Restaurant.

6.4 The Customer is required to be available by telephone or email (as indicated when placing the Order) for both the Restaurant and TALABY for information on the status of his Order.

6.5 All Customers who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If the Customer is a minor, he/she must have the parent or guardian read and agree to the Agreement prior to confirmation by the Order.

6.6 If the Customer decides to have the Order delivered, the Customer must be present at the delivery address indicated by the Customer in order to receive the Order items. If the Customer decides to collect the Order, he should be present at the selected time at the collection location of the Restaurant, as indicated in the confirmation email, text message or on the Platform.

6.7 TALABY does not accept any liability relating to the execution of the Agreement.

7. DISSOLUTION OF THE AGREEMENT AND CANCELLATION OF THE ORDER

7.1 The Restaurant is entitled to cancel the Order, e.g., if the Offer is no longer available, if the Customer has provided an incorrect or inoperative telephone number or other contact information, or in case of force majeure.

7.2 If the Customer places a false Order (for example by providing incorrect contact information, by not paying or by not being present on the delivery or collection location in order to receive the Order) or otherwise fails to comply with his obligations pursuant to the Agreement, TALABY shall be entitled to refuse any future Orders from such Customer and is entitled to forward all Customer data to the Restaurant for eventual further action by the Restaurant, including but not limited to a claim for payment of the Order amount against the Customer.

7.3 TALABY is entitled to refuse Orders and cancel Agreements on behalf of the Restaurant, if there is reasonable doubt about the correctness or authenticity of the Order or contact information. If TALABY cancels an Order that has already been paid for, TALABY shall transfer the paid amount into the same account as from where the payment has been made. If the Customer places Orders that appear as false or fraudulent, TALABY may report this to the police.

8. WITHDRAWAL

The Customer is not entitled to revoke a completed Order with the Restaurant. Any such cancellation is solely granted by the Restaurant upon their sole discretion upon receipt of a corresponding notification by the Customer.

9. PAYMENT

9.1 Upon confirmation of the Order, the Agreement is concluded and the Customer is obliged to pay the Order. The Customer may fulfil this payment obligation by using an online payment method through the Platform or by payment to the Restaurant at the door or at the collection location.

9.2 Subject to the provisions of these Talaby, the (partial) reimbursement of an online payment shall only be possible if the Order cannot be delivered (entirely). The reimbursement shall always be made into the same account as the one from which the payment has been made.

9.3 The Restaurant has authorized TALABY to accept the Customer’s online payment on behalf of the Restaurant.

9.4 Payments methods aplicable are Visa, Mastercard,

9.5 Visa or MasterCard debit and credit cards in AED will be accepted for payment. The displayed price and currency at the checkout page, will be the same price and currency printed on the Transaction Receipt and the amount charged to the card will be shown in your card currency

9.5 Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt.

10. COMPLAINTS SETTLEMENT

10.1 Complaints from the Customer about the Offer, the Order or the performance of the Agreement, are to be filed with the Restaurant. The sole responsibility for the Offer of the Restaurant and the performance of the Agreement lies with the Restaurant. TALABY may only assume a mediating role.

10.2 If the Customer has a complaint as regards the Service, the complaint is to be communicated by email or ordinary mail to the TALABY customer service (info@talaby.com) , at the contact address as indicated in article 2 of the present Talaby.

10.3 Once the complaint has been received by TALABY, it shall react as soon as possible, but not later than within one week, with a confirmation of receipt. TALABY aims to handle the complaint as soon as possible, but not later than within two weeks.

10.4 Complaints as described in sections 10.1 and 10.2 must be filed promptly within due time after the Customer has detected the shortcomings, be fully and clearly described and filed with the respective Restaurant (10.1) or TALABY (10.2).

11. NEWSLETTER

When placing the Order, the Customer may also subscribe to the TALABY newsletter. The Customer can unsubscribe from this newsletter through talaby.com or by contacting the customer service (see ‘Correspondence Address’ in article 2 of these info@talaby.com).

12. RESTAURANT REVIEWS

12.1 TALABY offers Customers the opportunity to rate the performance of the Restaurant. The Customer’s ratings must not be of radical, sexist, insulting, libelous or otherwise unlawful content and should otherwise violate any third party rights (including intellectual property rights).

12.2 TALABY may post reviews on the platform and remove them from the platform if the ratings violate the aforementioned criteria.

13. INSPECTION AND CORRECTION OF STORED PERSONAL DATA

TALABY shall process personal data relating to the Customer. The processing of personal data is subject to the Privacy Statement.

14. TALABY LIABILITY

TALABY shall not accept any responsibility or liability for the contents of the Offer, the Restaurant information on the Platform, and/or Platform availability.

15. OTHER

15.1 United Arab of Emirates is our country of domicile and we will not trade with or provide any services to OFAC and sanctioned countries..

15.2 Exclusively the law of the United Arab Emirates, excluding the UN Sales Convention apply.

15.3 If any provision of these Talaby (or any part thereof) is ineffective, this shall not affect the validity of the agreement between the Customer and TALABY regarding the Service or an Agreement.

15.4 These Talaby are written in multiple languages and all versions shall have equal validity. If there is any conflict or inconsistency between the versions, the Arabic version shall be the governing and prevailing version.

15.5 Customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website

15.6 Cardholder must retain a copy of transaction records and Merchant policies and rules.

15.6 User is responsible for maintaining the confidentiality of his account.

15.7 Ninety Seven Delivery Services LLC maintains the www.TALABY.ae Website (“Site”).Any purchase, dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE

16. CANCELLATION POLICY

Customer have the right to cancel an order till restaurant accept the order from placing the order on our platform. While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information.

An order may be subsequently cancelled by a restaurant after customer have received a confirmation that it has been sent to the Restaurant. TALABY and our partner Restaurants reserve the right to cancel any order, before or after acceptance, and will notify customer immediately of any such cancellation. Refunds (if any) will be made back to the payment solution used initially by the customer. Please allow for up to 45days for the refund transfer to be completed.

17. DELIVERY POLICY

Delivery service is a mediator between the customer and our partner Restaurants . If customer have placed an order from Our partner restaurants then a service/delivery fee will apply for delivery, it will be based on the distance from restaurant to customer. The maximum time taking for the delivery expected to be 45 min. The mode of delivery is based on the order, if customer choose to pick up by themself, no delivery service is provided, otherwise our products will be delivered through third party delivery partners to location which customer selected when placing the order

As this will ensure the best service will be provided by the restaurant handling customers order on customers behalf and delivering order to the location of customer choice.

18. REFUND POLICY

TALABY takes user satisfaction very seriously. In the case of problems with your food order, please contact TALABY through email to info@talaby.com or call to 971588896497 and we will assist our customers. In other cases, if customer have already been billed by TALABY on behalf of our partners TALABY will issue full or partial refunds. In the following cases: if you did not receive your order or received an incorrect order, you may be issued a full refund; if part of your order is missing, we may issue a partial refund. In every event, we will do our best to ensure customer satisfaction. Refunds (if any) will be done only through the Original Mode of Payment and will be processed within 10 to 45 days depends on the issuing bank of the debit/credit card