These terms and conditions (“Terms”) apply to your use of [www.virginmegastore.ae] (the
“Website”)
which
is owned and operated by V STAR MULTIMEDIA LLC. (“Virgin”). These terms apply whether you are
accessing
this Website through a computer system, via a mobile device or by using any app that is provided
by
Virgin.
These Terms set out the relationship between Virgin and you and the terms on which Virgin
provides
the
Website, the terms on which products (“Products”) are sold via the Website and general terms
applicable
to your use of the Website and purchase of Products. You may not use this Website, and you may
not
proceed to purchase a Product on this Website, if you do not agree to these Terms.
These Terms are effective from 01 April 2016. Virgin may change these Terms at any time by
posting
an
updated version of the Terms on this Website. Virgin encourages you to check this Website
regularly
for
any amendments to the Terms and to read the Terms each time you purchase a Product on this
Website.
Your
continued use of this Website will constitute your express consent to these Terms.
Nothing in these Terms affects your statutory rights, either as a consumer or otherwise.
Your Profile
You will need to register with Virgin to purchase Products using the Website. You may register
an
account with this Website or purchase Products only if your membership has not previously been
withdrawn
or suspended by Virgin.
You are responsible for maintaining the confidentiality of your account user name and password
and
for
preventing unauthorized access to your profile. You agree to accept responsibility for all
activities
that occur under your account or password. Please take all necessary steps to ensure that the
user
name
and password is kept confidential and secure. Please inform Virgin immediately if you have any
reason to
believe that your user name and/or password has become known to anyone else, or are being, or
are
likely
to be, used in an unauthorized manner.
By entering the information, you warrant that the details you provide to Virgin are correct and
complete
and you agree that you will inform Virgin immediately of any changes to those details (e.g.
change
of
email or postal address). You can access and update your details using the "My Account" area of
the
Website.
You will not be charged by Virgin for registering an account, browsing through or posting
content.
You
will however be responsible for paying the price of the products you purchase (including any tax
on
the
purchase price and any import/export duties) and delivery costs.
Virgin reserve the right to refuse access to the Website, terminate accounts, remove or edit
content, or
cancel orders at Virgin’s discretion. If Virgin cancels an order, it will be without charge to
you.
Products
Virgin is not the manufacturer of the Products and services sold via the Website. Virgin will do
its
best to ensure that information provided on the Website is accurate, but it does not warrant
that it
is
accurate, complete, reliable, current, or error-free. You should not rely solely on the
information
presented on the Website, and you should read labels, warnings and directions provided with the
product
or service. Please let Virgin know of any errors that you find.
Virgin has made every effort to display the colours, specifications and dimensions of Products
on
the
Website as accurately as possible. The colours you see will depend on the resolution of your
monitor;
Virgin cannot guarantee that your monitor's display of any colour will reflect accurately the
colour
of
the Product delivered. Virgin may from time to time vary the dimensions, specifications and
quantities
of Products displayed on the Website without prior notice.
Orders and Payment
When you place an order for Products, Virgin collects certain personal and transactional
information
(e.g. name, address, email address). For details on how Virgin uses this information, please
read
Virgin’s Privacy Policy.
You may pay for the products which you order online by supplying your credit/debit card details on the secure online order form OR by paying cash on delivery. Alternatively, you could use your loyalty dots for your purchase.
Virgin regrets that it cannot accept cheques, paper gift vouchers or similar modes or payment on the website.
When you place your order, Virgin’s system automatically asks your card issuer for authorization
for
the
transaction amount. If Virgin gets a valid authorization, your card issuer will hold this value
expecting a charge from Virgin. Receipt of your credit card details and debit of payments does
not
constitute Virgin’s acceptance of your order.
Some products are on pre-order. To pre-order these products simply add to bag and proceed with
checkout.
The release date is the scheduled date on which the product is available in our stores in the
UAE.
This
date is provided by our suppliers and is subject to change without notice. Once you place
the
pre-order, your card will be charged and your product will be reserved as soon as we receive the
stock,
on or after the release date. You will receive an order confirmation by email right after you
finish
your transaction. As soon as your product is in your chosen collection store, you will receive a
notification by email and SMS.
Virgin accepts orders for Products subject to availability. If for any reason the Products you
ordered
are no longer available, Virgin will contact you using the contact details you supplied when
placing
your order and either:
offer you an alternative Product of equivalent quality and price if this is possible; or
cancel the Product from your order and give you a full refund in respect of that
Product.
If Virgin is unable to contact you or do not receive a response from you, Virgin will process
any
remaining Products on your order and refund you for the Products Virgin was unable to supply.
Products are invoiced in AED at the price prevailing at the time you place your order. Although
Virgin
tries to ensure that all prices on the Website are accurate, errors may occur. If Virgin
discovers
an
error in the price of Products you have ordered, Virgin will contact you as soon as possible.
You
will
have the option of either confirming your order at the correct price or cancelling it. If Virgin
is
unable to contact you, Virgin will treat your order in respect of the incorrectly priced Product
as
cancelled.
If you order products, you agree to pay the full amount payable for such Products as indicated
during
the order process, along with any shipping costs or other charges applicable to that order. If
the
issuer of your credit or debit card refuses to authorise payment, Virgin will cancel your order
and
contact you for an alternative method of payment. Virgin cannot be held responsible if this
results
in a
delay in dispatching your order.
It is your responsibility to keep track of the status of your order.
Please note that Virgin cannot guarantee the security of data that you send to Virgin by
email.
Accordingly please do not send Virgin payment information using email.
Unless Virgin acts either fraudulently or negligently, Virgin will not be liable to you for any
losses
caused as a result of unauthorised access to the personal and transactional information you
provide
to
Virgin when placing an order.
Virgin Megastore holds the right to cancel any order fully or partially in case the order
contains
more
than 2 pieces of the same item.
If you are under 18, you acknowledge and warrant that you have permission from your parent or
guardian
to use this Website and purchase any Products.
Virgin reserves the right to limit selected promotional orders to a maximum of 2 units per order.
Cancellations, Exchanges and Refunds
If you wish to cancel your order, please contact Virgin’s customer services. As Virgin tries to
process
orders immediately it may not always be possible to prevent an order from being dispatched.
Any electronic or mobile product deemed defective must be inspected by an authorized service
center
appointed by Virgin in order to validate its condition before an exchange/refund is given.
If you are not satisfied with the quality of the Product you have purchased, please contact our
customer
service team and they will be delighted to assist you replacing the product.
If you receive an incorrect product, please notify our customer services team, and they will
immediately
send you the correct product. If you would like to visit any of our stores and return the
incorrect
product, please notify us at hello@virginmegastore.ae
Please note that once Virgin has dispatched products to you, you will not be able to cancel the
provision of any additional services carried out by Virgin at your request (e.g. gift wrapping).
As
soon
as Virgin receives notice of your cancellation of a product, Virgin will refund the relevant
part of
the
purchase price for that product.
Where Virgin agrees that the products can be returned, and in case you paid for your products
with
credit card for the value of the Products will be applied to the same credit card; if you paid
for
your
products with cash on delivery, you will need to visit a Virgin megastore to have your refund
processed.
Virgin reserves the right to refuse to provide a refund for any products in circumstances where
it
is
clear that the goods have been used (such as, without limitation, having their packaging
tampered
with
or no longer being in original packaging) or where such a refund would be prohibited by law or
regulation in any country that could be held to have jurisdiction over that refund.
All pre-order transactions done online or in store are not eligible for exchange or refund.
Delivery
Deliveries are made between Saturday and Thursday and will be undertaken by a third party
appointed
by
Virgin for and on behalf of Virgin. Virgin makes every effort to dispatch Products on time. If
the
ordered Products are not delivered within the time period Virgin specified in the confirmation
email,
please contact Virgin’s Customer Services quoting the order reference contained in your order
confirmation email.
Delivery occurs when the ordered products are delivered to the delivery address you specified
when
placing your order. At this point, responsibility for loss, breakage and damage passes to you.
Ownership
of Products purchased passes to you when payment is received by Virgin in full. You will be
asked to
sign for acceptance of the Products which will note that the Products are correct and have been
received
in good condition.
If you are not at the delivery address, Virgin will assume that any adults that are present at
the
delivery address are authorized by you to take delivery of the Products that you have ordered.
If
above
criteria are not met or if there is no one at the delivery address, Virgin will not leave the
Products
at the delivery address. Virgin will contact you to arrange an alternative delivery time.
Please note that the delivery people will only deliver the Products to your front door.
Orders and Delivery Outside The UAE
Virgin does not deliver to any residence outside of the UAE.
If you are using foreign credit or debit cards, you should be aware that in some cases the banks
may
charge you for international transactions. Virgin is not responsible for any charges levied by
banks. If
you are using foreign credit or debit cards, you should also note that the amount charged to
your
credit
or debit card will be the value of the product displayed in AED which is converted into the
currency
of
your credit card or debit card at the prevailing conversion rate by the banks.
Use of the Website
Virgin tries to keep all information on this website up to date, but it may not be correct all
of
the
time. You should independently check the information you use is correct and you use this Website
at
your
own risk. If you find any incorrect information, you can notify Virgin by calling or emailing
Virgin’s
contact center.
You must not conduct or promote any illegal activities while using this Website. This includes
any
activities that (in Virgin’s opinion) breach copyright, infringe on privacy or infringe any
third
party
rights as well as activities that are defamatory to third persons. To do so may lead to
prosecution.
You must not use this website to generate unsolicited emails, spam or promotional materials to
other
users.
You must not do anything to cause damage to this website or other users of the website,
including
any
technical damage to the other computers.
You must not send any viruses or other material designed to adversely affect the operation of
the
Website, affect any other users of the website or affect any equipment or any data in the
website.
You must not attempt to gain access to the Website or the system that runs the Website. You must
not
interfere with the security of the Website, its services, system resources or network.
You must not use the website in any manner that could damage, overburden or impair the website
nor
harvest or otherwise collect any information about the uses.
You must not link to the website without seeking Virgin’s prior written consent. You must not
frame
the
website on another website without seeking Virgin’s prior written consent.
You must not charge third parties for accessing the content of the website, nor can you in any
way
commercialize its content.
You must not change, edit, add to or produce summaries of its content anywhere else.
You must not disclose your contact details including but not limited to phone numbers,
addresses, or
email addresses anywhere on the Website including the feedback area, discussion forum or through
any
e-mail feature of the Website intended to bypass use of the Website.
It is illegal to place orders under a false name, with a fraudulently obtained credit card or
without
the consent of the cardholder.
Any party engaged in illegal activities involving the use of this Website may be subject to
prosecution.
Virgin does not guarantee that Virgin will be able to prevent any illegal or inappropriate use
of
this
Website, or will give notice of any illegal or inappropriate use of this Website.
User Content and Behaviour
You agree to comply with all legal requirements of the jurisdiction in which you are located
with
regard
to your use of the Website, and you acknowledge that you are entirely responsible for ensuring
your
own
familiarity with such requirements and your own compliance with these requirements.
Members of the public are able to post comments, information and other material (“User Content”)
on
the
Website. You must not post User Content that is offensive, indecent or objectionable or which
denigrates
any person or entity within the Website. You understand that the person who submits User Content
is
responsible for that User Content. In the same way, you are entirely responsible for the User
Content
that you make available to or through the Website. Virgin is not liable for any User Content.
Virgin
has
the right (but not the obligation) to refuse, edit or remove any User Content.
Whilst Virgin intends to refuse, edit, or remove any User Content that is offensive, indecent or
objectionable, Virgin may not do so before you are exposed to such User Content. Please notify
Virgin if
you find User Content that is offensive, indecent or objectionable.
Virgin does not and cannot guarantee the accuracy, integrity or quality of User Content.
Additionally,
Virgin is not liable for any loss or damage that you suffer because of your use of or reliance
on
the
User Content. User Content may not be accurate – please make your own enquiries before relying
on
any
User Content.
Once you submit User Content to the Website, you grant Virgin a worldwide, royalty-free and
non-exclusive license to use, exploit and modify the User Content in any way in all media.
Amongst
other
things, it may be included within the Website.
Losses
Virgin will not be responsible for any losses you suffer as a direct result of Virgin breaching
these
Terms even if those losses were reasonably foreseeable to both you and Virgin at the time the
contract
for the sale of Products by Virgin to you was formed (which is formed at the time that Virgin
sends
the
confirmation email to you). Virgin will not be responsible to you or any third party for any
business
loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure,
data
or
goodwill) or any other loss or damage which does not result directly from Virgin’s actions or
the
actions of Virgin’s sub-contractors or agents, is consequential or was not reasonably
foreseeable to
both you and Virgin when the contract was formed.
Without limiting the generality of the above, you acknowledge and agree that, to the extent
permitted by
law, neither Virgin, nor Virgin’s suppliers nor any of Virgin’s employees, agents or contractors
will be
liable for any misadventure, accident, injury, loss or claim suffered either directly or
indirectly
by
any person:
any material, including any statements made by any other user of the Website or any
other
person;
In relation to the failure of any material (including any order for a product) to be
received on
the Website on account of technical problems or traffic congestion;
Arising from or related to any problem or technical malfunction of any network or lines
or
mobile communications network related to or resulting from participation in this
Website;
aarising from or related to any problem or technical malfunction of any computer
equipment,
software, internet connection, any injury or damage to entrant's or any other person's
computer
software related to or resulting from participation in this Website; or
as a result of the communication of the Website to the public, the exploitation of the
Website
or any promotional activities relating to the Website.
Virgin’s liability to you under these Terms will not exceed the total price charged for the
Products
purchased. Nothing in these Terms excludes Virgin’s liability to you for personal injury or
death
caused
by Virgin’s negligence.
Virgin will not be responsible for any losses you suffer as a direct result of Virgin breaching
these
Terms even if those losses were reasonably foreseeable to both you and Virgin at the time the
contract
for the sale of Products by Virgin to you was formed (which is formed at the time that Virgin
sends
the
confirmation email to you). Virgin will not be responsible to you or any third party for any
business
loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure,
data
or
goodwill) or any other loss or damage which does not result directly from Virgin’s actions or
the
actions of Virgin’s sub-contractors or agents, is consequential or was not reasonably
foreseeable to
both you and Virgin when the contract was formed.
Security
If you are dissatisfied with the Website or any content or materials on it, your only remedy is
to
discontinue your use of it. Further, you agree that any unauthorized use of the Website and its
services
as a result of your negligent act or omission would result in irreparable injury to Virgin and
Virgin
will treat any such unauthorized use as subject to these Terms.
Virgin take reasonable precautions to ensure the Website is safe to use, but Virgin do not
warrant
that
this Website is virus free or free from anything else which may have a harmful effect on any
technology.
It is your responsibility to install suitable virus protection software on your computer. Virgin
is
not
liable for any loss or damage caused by a virus or other material that may be harmful to your
equipment
or data because of your use of this Website or of Virgin’s services. This includes anything that
happens
when you download material or use a link on this Website.
While Virgin takes reasonable measures to ensure the constant availability of the Website,
Virgin do
not
warrant that this Website will always be available or that it will operate in an uninterrupted
manner.
Due to the nature of the internet, mobile connectivity and the operation of mobile applications,
outages
may occur. Virgin may need to restrict or suspend access to this Website from time to time to
allow
for
repairs, maintenance or the introduction of new facilities or services.
Virgin does not endorse any third party supplier or User Content on this Website. Virgin does
not
accept
liability for any content posted on this Website by any third party or for the conduct of any
third
party. Although Virgin tries hard to enforce the terms relating to content, you may be exposed
through
the use of this Website to content or conduct that is in breach of Virgin’s rules as described
in
these
Terms or may otherwise be offensive. You use this Website at your own risk in relation to such
content.
It is your responsibility to have suitable browser or third party software to view and transact
on
this
Website. Virgin does not accept any responsibility for any loss of functionality that is
dependent
on
the technology that you use.
Links to Third Party Sites
This Website may contain links to other websites. Virgin make no representations or warranties
as to
the
content, privacy practices and other practices of any websites operated by a third party and
Virgin
does
not assume responsibility for the content or practices of such websites. You should check the
terms
and
conditions and privacy policies for all third party websites you visit to understand their
procedures.
If you use any material, or visit any linked website, you do so at your own risk and it is your
responsibility to take all protective measures to guard against viruses or other destructive
material.
Virgin does not endorse and are not responsible for the use of, or the content of, any third
party
websites. Virgin is not responsible for anything that may happen when you use them.
Suspending & Terminating Your Account
Without affecting any other rights and remedies Virgin may have, Virgin may suspend or terminate
your
account and use of this Website if:
You breach these Terms or the terms of any of Virgin’s policies;
Virgin suspect on reasonable grounds that you might commit a breach of these Terms;
You engage in any activity that is against the law;
You do anything that adversely affects Virgin’s business or reputation;
Virgin considers that you are disrupting, disturbing or interrupting the operation of
this
Website in any way;
Virgin considers that you are a fraud risk, are using multiple accounts, using proxy
internet
protocol addresses to hide the use of multiple accounts; or
Virgin considers it is necessary, for any reason, to protect Virgin or the users of the
Website.
You can deregister your account and stop using this Website at any time. Virgin will keep your
account
and all your content in an inactive mode but it may not necessarily be deleted. If Virgin elects
at
Virgin’s discretion to permanently delete all your content after you have deregistered your
account
or
for any other reason (including a period of inactivity on your part), it will not be able to be
recovered or accessed again and Virgin will have no liability or responsibility for this.
Without prejudice to any other of Virgin’s rights and remedies under these Terms or at law,
Virgin
may
choose to take other technical and/or legal steps against any person who create problems or
possible
legal liabilities of any kind, who infringe act inconsistently with these Terms, Virgin’s
policies
or
any relevant law.
Force Majeure
Neither party will be liable to the other under these Terms or any other agreement between the
parties,
for any loss or damage which may be suffered by the other party due to any cause beyond the
first
party’s reasonable control including without limitation any act of God, exceptionally severe
weather,
failure of shortage of power supplies, flood, drought, lightning or fire, strike, lock-out,
trade
dispute or labor disturbance (other than those of the parties), the act or omission of
government,
highways authorities, other telecommunications operators or administrators or other competent
authority,
war, military operations, acts of terrorism or riot, royal demise etc.
Representations and Warranties
You undertake, represent and warrant that:
if you are a corporate representative, you have authority to bind the corporate entity;
and
you will comply with all applicable domestic and international laws and regulations
regarding
and relating to your use of the Website and the ordering of Products.
Electronic Communication
To fulfill Virgin’s obligations to you under these Terms, Virgin may if wishes communicate with
you
by
email and by posting notices on the Website. You agree to receive communications from Virgin
electronically and that electronic communications will satisfy any legal requirement for
communications
which need to be in writing.
Virgin may also send you promotional emails. If at any time, you decide that you do not wish to
receive
such promotional emails, you can opt out of receiving such emails by updating the relevant
setting
for
your account or by calling or emailing Virgin’s contact center or by following the link (if any)
at
the
end of any promotional email to unsubscribe.
Intellectual Property Rights
The Website content is protected by copyright, trade mark and other intellectual property
rights.
Virgin, or Virgin’s licensors (as appropriate), retain all rights in such content. You are only
permitted to access and use this Website for personal purposes. You may not use the Website or
any
of
its content, to further any commercial purpose, including any advertising or advertising revenue
generation activity on your own website. You may not modify, copy, distribute, transmit,
display,
perform, reproduce, publish, license, commercially exploit, create derivative works from,
transfer,
or
sell any content or software contained within the Website.
Virgin and Virgin Megastore as well as the Virgin and Virgin Megastore Logos are trademarks of
VIRGIN
MEGASTORE.
Virgin is not responsible for any error or inaccuracy in any advertising or sponsorship material
on
the
Website.
Relationship and Notice
None of the provisions of these Terms will be deemed to constitute a partnership or agency
between
you
and Virgin and you will have no authority to bind Virgin in any manner whatsoever.
Except as explicitly stated otherwise, any notices to Virgin from you will be given by email to
hello@virginmegastore.ae with a physical copy sent
to
Virgin by mail or courier, such notice deemed
given on confirmation of its receipt to you by Virgin by return email. Any notices to you from
Virgin
will be given by notices posted on the Website or by email to the email address you provide to
Virgin
during the registration process and will be deemed to be received by you 48 hours after any such
email
is sent. Alternatively, Virgin may give you notice by mail or prepaid shipping to the address
provided
to Virgin during the registration process. In such case, notice will be deemed given 7 days
after
the
date of mailing.
If any clause of these Terms is deemed invalid, void or for any reason unenforceable, such
clause
will
be deemed severable and will not affect the validity and enforceability of the remaining clauses
of
these Terms.
These Terms (as amended from time to time in accordance with its terms) sets out the entire
understanding and agreement between you and Virgin with respect to the use of the Website.
Any failure by Virgin to enforce any terms set out in these Terms or other policies with you is
not
a
waiver of Virgin’s rights to enforce those terms.
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws in force in the UAE. You
agree
to submit to the non-exclusive jurisdiction of the courts of UAE.
