(a) These terms and conditions (“Terms”) apply to your use of [www.hmv.me] (the “Website”) which is owned and operated by Al Mana Lifestyle LLC. (“Al Mana”). These terms apply when you access this Website through a computer system or a mobile device.
b) These Terms set out the relationship between hmv.me and you and the terms on which hmv.me provides the Website, the terms on which products and services (“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 September 2016. hmv.me may change these Terms at any time by posting an updated version of the Terms on this Website. hmv.me encourages you to check this Website regularly for any amendments to the Terms and to read the Terms each time you purchase Products 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 hmv.me to purchase Products using the Website. You may register an account with this Website or purchase Products only if your account has not previously been withdrawn or suspended by hmv.me.
(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 are kept confidential and secure. Please inform hmv.me immediately if you have any reason to believe that your user name and/or password have become known to anyone else, 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 hmv.me are correct and complete and you agree that you will inform hmv.me 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” section of the Website.
(d) You will not be charged by hmv.me 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) hmv.me reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at its discretion.
(a) hmv.me is not the manufacturer of the Products and services sold via the Website. hmv.me 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 hmv.me know of any errors that you find.
(b) hmv.me has made every effort to display the colours, specifications and dimensions of Products on the Website as accurately as possible. The colours and image quality you see will depend on the resolution of your device’s display; hmv.me cannot guarantee that your device’s display of any colour will accurately reflect the colour of the Product delivered. hmv.me may from time to time vary the dimensions, specifications and quantities of Products displayed on the Website without prior notice.
ORDERS AND PAYMENT
(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. hmv.me regrets that it cannot accept cheques, paper gift vouchers or similar modes of payment on the Website.
(c) When you place your order, hmv.me’s system automatically asks your card issuer for authorization for the transaction amount. If hmv.me gets a valid authorization, your card issuer will hold this value expecting a charge from hmv.me. Receipt of your credit card details and debit of payments does not constitute hmv.me’s acceptance of your order.
(d) Some products are on pre-order. To pre-order these products simply add to cart and proceed to checkout. The release date is the scheduled date on which the product is available in the UAE or Qatar. This date is provided by our suppliers and is subject to change without notice. Once you place the pre-order, your product will be reserved as soon as we receive the stock, on or after the release date. Payment will be deducted when the product is ready to ship. You will receive an order confirmation by email after you finish your transaction, and a shipping confirmation when your product has shipped.
(e) hmv.me accepts orders for Products subject to availability. If for any reason the Products you ordered are no longer available, hmv.me 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, if due, give you a full account credit in respect of that Product.
If hmv.me is unable to contact you or does not receive a response from you, hmv.me will process any remaining Products on your order and refund you for the Products hmv.me 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 hmv.me tries to ensure that all prices on the Website are accurate, errors may occur. If hmv.me discovers an error in the price of Products you have ordered, hmv.me 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 hmv.me is unable to contact you, hmv.me 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 authorize payment, hmv.me will cancel your order and contact you for an alternative method of payment. hmv.me 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 hmv.me cannot guarantee the security of data that you send to hmv.me by email. Accordingly please do not send hmv.me payment, password or any other sensitive information using email.
(j) Unless hmv.me acts either fraudulently or negligently, hmv.me will not be liable to you for any losses caused as a result of unauthorized access to the personal and transactional information you provide to hmv.me 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.
CANCELLATIONS AND REFUNDS
(a) If you wish to cancel your order, please go to ‘My Account’ and select ‘My Orders.’ Then click the cancel button for the relevant order, or contact hmv.me’s Customer Services online. As hmv.me tries to process orders immediately it may not always be possible to prevent an order from being dispatched.
(b) 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 or account credit of the purchase price. No cash refunds will be given for COD orders.
(c) If hmv.me has sent you an incorrect Product, please notify Customer Services as soon as possible and we will arrange pickup. If you would like hmv.me to replace the incorrect Product with the Product you ordered hmv.me will send you the correct Product as soon as possible, at no extra cost to you.
(d) Where hmv.me 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, your account will be credited once the product has been collected. No cash refunds for COD orders.
(e) hmv.me 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. In accordance with the Commercial Compliance and Consumer Protection Sector of The Department of Economic Development, customers shall not be entitled to a refund or exchange in the following cases:
1. Changing his mind about the purchased item
2. The item was free from any defects
3. The item was available elsewhere at a lower price
(a) Deliveries are made between Saturday and Thursday (excluding Public Holidays) and will be undertaken by a third party appointed by hmv.me for and on behalf of hmv.me. hmv.me makes every effort to dispatch Products on time. If the ordered Products are not delivered within the time period hmv.me specified in the confirmation email, please contact hmv.me’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 hmv.me 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, hmv.me 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, hmv.me will not leave the Products at the delivery address. hmv.me will contact you to arrange an alternative delivery time.
ORDERS AND DELIVERY OUTSIDE THE UAE AND QATAR
(a) hmv.me does not currently deliver to any address outside of the United Arab Emirates and Qatar.
(b) If you are using foreign credit or debit cards, you should be aware that in some cases banks may charge you for international transactions. hmv.me 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.
USE OF THE WEBSITE
(a) hmv.me 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 hmv.me by calling or emailing hmv.me’s contact center.
(b) You may not conduct or promote any illegal activities while using this Website. This includes any activities that (in hmv.me’s opinion) breach copyright, infringe on privacy or infringe any third party rights as well as activities that are defamatory to third persons.
(c) You may not use this Website to generate unsolicited emails, spam or promotional materials to other Users.
(d) You may 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 may 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 may not attempt to gain access to the Website or the system that runs the Website. You may not interfere with the security of the Website, its services, system resources or network.
(g) You may not use the Website in any manner that could damage, overburden or impair the Website nor harvest or otherwise collect any information about other users.
(h) You may not frame the Website on another website without seeking hmv.me’s prior written consent.
(i) You may not charge third parties for accessing the content of the Website, nor can you in any way commercialize its content.
(j) You may not change, edit, add to or produce summaries of its content anywhere else.
(k) You may 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. hmv.me does not guarantee that hmv.me 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
(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. hmv.me is not liable for any User Content. hmv.me has the right (but not the obligation) to refuse, edit or remove any User Content.
(c) While hmv.me intends to refuse, edit, or remove any User Content that is offensive, indecent or objectionable, hmv.me may not be able to do so before you are exposed to such User Content. Please notify hmv.me if you find User Content that is offensive, indecent or objectionable.
(d) hmv.me does not and cannot guarantee the accuracy, integrity or quality of User Content. Additionally, hmv.me 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 hmv.me 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) hmv.me will not be responsible for any losses you suffer as a direct result of hmv.me breaching these Terms even if those losses were reasonably foreseeable to both you and hmv.me at the time the contract for the sale of Products by hmv.me to you was formed (which is formed at the time that hmv.me sends the confirmation email to you). hmv.me 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 hmv.me’s actions or the actions of hmv.me’s sub-contractors or agents, is consequential or was not reasonably foreseeable to both you and hmv.me 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 hmv.me, nor hmv.me’s suppliers nor any of hmv.me’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) hmv.me’s liability to you under these Terms will not exceed the total price charged for the Products purchased. Nothing in these Terms excludes hmv.me’s liability to you for personal injury or death caused by hmv.me’s negligence.
(d) hmv.me will not be responsible to you for any delay or failure to comply with hmv.me’s obligations under these Terms if the delay or failure arises from any cause beyond hmv.me’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 hmv.me and hmv.me will treat any such unauthorized use as subject to these Terms.
(b) hmv.me takes reasonable precautions to ensure the Website is safe to use, but hmv.me does 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. hmv.me 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 hmv.me’s services. This includes anything that happens when you download material or use a link on this Website.
(c) While hmv.me takes reasonable measures to ensure the constant availability of the Website, hmv.me does 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. hmv.me 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) hmv.me does not endorse any third party supplier or User Content on this Website. hmv.me does not accept liability for any content posted on this Website by any third party or for the conduct of any third party. Although hmv.me 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 hmv.me’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. hmv.me does not accept any responsibility for any loss of functionality that is dependent on the technology that you use.
LINKS TO THIRD PARTY SITES
(a) This Website may contain links to other websites. hmv.me makes no representations or warranties as to the content, privacy practices and other practices of any websites operated by a third party and hmv.me 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. hmv.me does not endorse and is not responsible for the use of, or the content of, any third party websites. hmv.me is not responsible for anything that may happen when you use them.
SUSPENDING AND TERMINATING YOUR ACCOUNT
(a) Without affecting any other rights and remedies hmv.me may have, hmv.me may suspend or terminate your account and use of this Website if:
i. you breach these Terms or the terms of any of hmv.me’s policies;
ii. hmv.me suspects 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 hmv.me’s business or reputation;
v. hmv.me considers that you are disrupting, disturbing or interrupting the operation of this Website in any way;
vi. hmv.me 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. hmv.me considers it is necessary, for any reason, to protect hmv.me or the users of the Website.
(b) You can deregister your account and stop using this Website at any time. hmv.me will keep your account and all your content in an inactive mode but it may not necessarily be deleted. If hmv.me elects at its 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 cannot be recovered or accessed again and hmv.me will have no liability or responsibility for this.
(c) Without prejudice to any of hmv.me’s other rights and remedies under these Terms or at law, hmv.me may choose to take other technical and/or legal steps against any person who creates problems or possible legal liabilities of any kind, who infringe or act inconsistently with these Terms, hmv.me’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 or 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, highway authorities, other telecommunications operators or administrators or other competent authority, war, military operations, acts of terrorism or riot, royal demise etc.
REPRESENTATIONS AND WARRANTIES
(a) You undertake, represent and warrant that:
i. if you are a corporate representative, you have authority to bind the corporate entity; and
ii. 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.
(a) To fulfill hmv.me’s obligations to you under these Terms, hmv.me may if it wishes communicate with you by email and by posting notices on the Website. You agree to receive communications from hmv.me electronically and that electronic communications will satisfy any legal requirement for communications which need to be in writing.
(b) hmv.me 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 (in “My Account”) or by calling or emailing hmv.me’s contact centre or by following the link (if any) at the end of any promotional email to unsubscribe.
INTELLECTUAL PROPERTY RIGHTS
(a) The Website content is protected by copyright, trade mark and other intellectual property rights. hmv.me, or hmv.me’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) hmv.me and the hmv.me logo are trademarks of Al Mana Lifestyle LLC.
(c) hmv.me is not responsible for any error or inaccuracy in any advertising or sponsorship material on the Website.
RELATIONSHIP AND NOTICE
(a) None of the provisions of these Terms will be deemed to constitute a partnership or agency between you and hmv.me and you will have no authority to bind hmv.me in any manner whatsoever.
(b) Except as explicitly stated otherwise, any notices to hmv.me from you should be emailed to email@example.com. With a physical copy sent to hmv.me by mail or courier, such notice is deemed given on confirmation of its receipt to you by hmv.me by return email. Any notices to you from hmv.me will be given by notices posted on the Website or by email to the email address you provide to hmv.me during the registration process and will be deemed to be received by you 48 hours after any such email is sent. Alternatively, hmv.me may give you notice by mail or prepaid shipping to the address provided to hmv.me 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 hmv.me with respect to the use of the Website.
(e) Any failure by hmv.me to enforce any terms set out in these Terms or other policies with you is not a waiver of hmv.me’s rights to enforce those terms.
GOVERNING LAW AND JURISDICTION
(a) These Terms are governed by and construed in accordance with the laws in force in the Emirate of Dubai. You agree to submit to the non-exclusive jurisdiction of the courts of Dubai.