(a)These terms and conditions (“Terms”) apply to your use of
[www.virginmegastore.ae] (the “Website”) which is owned and operated by Al Matajer Al Koubra
(“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
(c)These Terms are effective from 14 April 2018. 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
(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previously been withdrawn or suspended by Virgin.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 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.
(c)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
Account" area of the Website.
(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.
(a)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
(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 KSA. 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 KSA, 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 SAR 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.
(k)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.
(a)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.
(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, please contact our customer service team and they will be delighted to
assist you replacing the product.
(d)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 firstname.lastname@example.org
(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 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.
(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 Saudi Arabia.
(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 SAR 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
(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 commercialize 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
(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
(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
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.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
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
(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
(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
ii.Virgin suspect on reasonable grounds that you
might commit a breach of these Terms;
iii.You engage in any activity that is against
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;
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 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
(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 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.
(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.