(a)These terms and conditions (“Terms”) apply to your use of [www.virginmegastore.ae] (the “Website”) which is owned and operated by VStar 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.
b)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.
(c)These Terms are effective from 1 August 2015. 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.
(d)Nothing in these Terms affects your statutory rights, either as a consumer or otherwise.
(a)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 You may register an account with this Website or purchase Products only if your membership has not previously been withdrawn or suspended by Virgin.
(b)You are responsible for maintaining the confidentiality of your account user name and password and for preventing unauthorised 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.
(d)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.
(e)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.
(a)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.
(b)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.
(b)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. Virgin regrets that it cannot accept cheques, paper gift vouchers or similar modes of payment on Website.
(c)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.
(d) 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. The pre-orders are only eligible for collection in any of our stores in the UAE, and cannot be shipped. 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.
(e)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:
i. offer you an alternative Product of equivalent quality and price if this is possible; or
ii.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.
(f)Products are invoiced in United Arab Emirates Dirhams 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.
(g)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.
(h)It is your responsibility to keep track of the status of your order.
(i)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.
(j)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.
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.
(a)If you wish to cancel your order, please contact Virgin’s Customer Services online. As Virgin tries to process orders immediately it may not always be possible to prevent an order from being dispatched. Orders must be available for return within 24hrs from delivery.
(b)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.
(c)If you are not satisfied with the quality of the Product you have purchased, you may call Customer Services and a representative will assess your request for a replacement product, credit or refund of the purchase price.
(d)If Virgin has sent you an incorrect Product, please notify Customer Services as soon as possible and they will arrange pickup. If you would like Virgin to replace the incorrect Product with the Product you ordered Virgin will send you the correct Product as soon as possible. Or alternatively you can visit any of the stores and complete the process there.
(e)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.
(f)Where Virgin agrees that the Products can be returned, and in case you paid for your Products with a credit card, credit 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.
(g)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.
(a)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.
(b)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.
(c)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.
(d)Please note that the delivery people will only deliver the Products to your front door.
(a)Virgin does not deliver to any residence outside of the United Arab Emirates.
(b)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 UAE Dirhams which is converted into the currency of your credit card or debit card at the prevailing conversion rate by the banks.
(a)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.
(b)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.
(c)You must not use this Website to generate unsolicited emails, spam or promotional materials to other Users.
(d)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.
(e)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.
(f)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.
(g)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.
(h)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.
(i)You must not charge third parties for accessing the content of the Website, nor can you in any way commercialise its content.
(j)You must not change, edit, add to or produce summaries of its content anywhere else.
(k)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.
(l)It is illegal to place orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder.
(m)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.
(a)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.
(b)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.
(c)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.
(d)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.
(e)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.
(a)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.
(b)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:
i.any material, including any statements made by any other user of the Website or any other person;
ii.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;
iii.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;
iv.arising 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
v.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.
(c)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.
(d)Virgin will not be responsible to you for any delay or failure to comply with Virgin’s obligations under these Terms if the delay or failure arises from any cause beyond Virgin’s reasonable control.
(a)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.
(b)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.
(c)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.
(d)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.
(e)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.
(a)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.
(b)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.
(a)Without affecting any other rights and remedies Virgin may have, Virgin may suspend or terminate your account and use of this Website if:
i.you breach these Terms or the terms of any of Virgin’s policies;
ii.Virgin suspect on reasonable grounds that you might commit a breach of these Terms;
iii.you engage in any activity that is against the law;
iv.you do anything that adversely affects Virgin’s business or reputation;
v.Virgin considers that you are disrupting, disturbing or interrupting the operation of this Website in any way;
vi.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
vii.Virgin considers it is necessary, for any reason, to protect Virgin or the users of the Website.
(b)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.
(c)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.
(a)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 labour 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.
(a)To fulfill Virgin’s obligations to you under these Terms, Virgin may it 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.
(b)Virgin may also send you promotional emails if you have agreed to receive such communication. 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 centre or by following the link (if any) at the end of any promotional email to unsubscribe.
(a)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.
(b)Virgin and Virgin Megastore as well as the Virgin and Virgin Megastore Logos are trademarks of VIRGIN MEGSATORE.
(c)Virgin is not responsible for any error or inaccuracy in any advertising or sponsorship material on the Website.
(a)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.
(b)Except as explicitly stated otherwise, any notices to Virgin from you will be given by email to email@example.com 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.
(c)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.
(d)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.
(e)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.