Terms & Conditions of Supply
1. These Terms
1.1. What these terms cover. These are the terms and conditions on which we supply products to you.
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. Information About Us & How to Contact Us
3. Our Contract with You
3.1 How we will confirm receipt of your order. We will email you to confirm receipt of your order and begin to process your request. This email will not constitute confirmation of your order.
3.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. At the same time as accepting your order, we will charge your card in accordance with Clause 13.
3.3 If we cannot accept your order. We reserve the right to reject your order at our discretion, in which case, no contract will come into existence between you and us. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.4 If we require further information. It is possible that we do not accept your order, nor cancel it. If we discover something about your order that requires further information or action from you, we will send you a follow-up email detailing our reasons for this. You will need to send your response to our email within 2 business days, failing which, we will cancel your order. If you are able to get back to us with the required information and/or action within the prescribed time, we will start processing your order and take payment to prepare the order for delivery.
3.5 Your order number. We will assign an order number to your order and tell you what it is when you submit your order on our website. It will help us if you can tell us the order number whenever you contact us about your order.
3.6 We only sell to the UAE. Our website is solely for the promotion of products in the UAE. Unfortunately, we do not accept orders from addresses outside the UAE. We are also not able to deal or provide any services or products to any of the OFAC (Office of Foreign Assets Control) sanction countries in accordance with the laws of the UAE.
4. Our Products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. Your Rights to Make Changes
5.1 If you wish to make a change to the product you have ordered you must do so whilst the order is still under processing in accordance with Clause 3.1. You will not be able to make any changes once the order is confirmed, the product dispatched and/or delivered. For any changes, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5.2 You have the right to reject delivery of the order and request to return the product(s) back to us with the delivery service. Depending on the reason for returning your order, charges and penalties may apply in accordance with these terms and conditions.
6. Our Rights to Make Changes
6.1 Minor changes to the products. We may change the product:
(i) To reflect changes in relevant laws and regulatory requirements; and
(ii) To implement minor technical adjustments and improvements, for example, to address a security threat. These changes will not affect your use of the product.
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. Providing The Products
7.1 Delivery costs. The costs of delivery will be AED 20 for all orders below the value of AED 200.
7.2 When we will provide the products. We will deliver the products to you as soon as reasonably possible within the estimated delivery dates which are shown on the product page. If you order multiple products with multiple delivery dates, the website will separate and group your order together based on the estimated delivery dates. Each product is delivered on a separate delivery date will be assigned its own order number. Please note that the estimated delivery date for orders falling under Clause 3.3 will be extended by up to 2 business days, depending on how soon you send us your response.
7.3 What will happen if you do not give the required information to us. We may need certain information from you so that we can supply the products to you, for example, a copy your UAE Emirates ID for high value orders or a consent in case the product you ordered has a disclaimer for sale. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within 2 business days of us asking for it, or if you give us incomplete or incorrect information, we will end the contract and Clause 10.2 will apply. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery.
7.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply.
7.7 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you, collect it from us.
7.8 When you own goods. You own a product which is goods once we have received payment in full.
8. Your Rights to End The Contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the contract:
(i) If what you have bought is faulty or misdescribed you may have a legal right to end the contract.
(ii) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2; and
(iii) If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
8.2 Ending the contract because something we have done or are going to do. If you are ending a contract for a reason set out at (i) to (v) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(i) We have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6.2);
(ii) We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(iii) There is a risk that supply of the products may be significantly delayed because of events outside our control;
(iv) We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than [PERIOD]; or
(v) You have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind. For most products bought online you have a legal right to change your mind within 7 calendar days and receive a refund. These rights are explained in more detail in these terms.
8.4 When you do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(i) Used goods, perishable goods or goods not in their original retail packaging;
(ii) Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(iii) Sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(iv) Any products which become mixed inseparably with other items after their delivery.
8.5 How long do you have to change your mind? You have 7 calendar days after the day you (or someone you nominate) receives the product. For the avoidance of any doubt, if your order containing multiple products is being delivered to you on separate delivery dates, then you have 7 calendar days after the day of delivery of each product to change your mind.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see Clause 8.1), you can still end the contract before it is completed. A contract for goods is completed when the product is delivered, downloaded or streamed and paid for. If you want to end the contract in these circumstances, please contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the product until 3 March. We will only charge you for supplying the product up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March.
9. How to End The Contract With Us
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by accessing the support section in the customer profile page where you can contact us through the live support, request a call back or leave us a message. Alternatively, in a case of emergency, you can call us on 800-BINGE (24643).
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. We will collect them from you. Please use the support section on the customer page on our website, or if your query is urgent, call customer services on 800-BINGE (24643) for a return label or to arrange collection.
9.3 If you are a consumer exercising your right to change your mind you must send off the goods within 7 days of telling us you wish to end the contract.
9.4 When we will pay the costs of return. We will pay the costs of return:
(i) If the products are faulty or misdescribed; or
(ii) If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described in Clause 9.6 below.
9.6 When we may make a deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(i) Refunds will only be made through the original mode of payment.
(ii) We charge a 15% restocking fee which will be deducted from the refund amount.
(iii) We may further reduce your refund of the price to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop. You must ensure that all items are returned to us in their original packaging, free of any damage. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(iv) We charge a return shipping fee of AED 20 and no refund for delivery costs will be covered by us.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(i) If the products are goods and we have not offered to collect them, your refund will be made within 14 calendar days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see Clause 9.2.
(ii) In all other cases, your refund will be made within 14 calendar days of your telling us you have changed your mind.
10. Our Rights to End The Contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(i) You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(ii) You do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product.
10.4 We may end the contract if we dispute your chargeback request. You have the right to make a complaint to your bank regarding an order submitted on our website using your credit or debit card, which banks refer to as a ‘chargeback request’. The bank will notify us of your request, and in the event, that we dispute it, we reserve the right to end the contract with you. If we also discover, that your chargeback request was made fraudulently or in bad faith, we also reserve the right to take legal action against you.
11. If There is a Problem With The Product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. As a registered customer, you can access the support section in the customer profile page where you can contact us through the live support, request a call back or leave us a message.
12.Your Rights in Respect of Defective Products
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them We will collect them from you. We will pay the costs of collection. Please use the support section on the customer page on our website, or if your request is urgent, call customer services on 800-BINGE (24643) for a return label or to arrange collection.
13. Price & Payment
13.1 Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see Clause 14.3 for what happens if we discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
13.4 When you must pay and how you must pay. We accept payments online using Visa, MasterCard and American Express charge, credit or debit cards in AED (or any other currency). For goods, you must pay for the products at the time of ordering them on the website. We will not charge your credit or debit card until we confirm your order in accordance with Clause 3.1. The cardholder must retain a copy of transaction records and our policies and rules.
13.5 Online payments. The details you are asked to submit for online payments on our website will be provided directly to our payment provider via a secured connection. If you order multiple products with multiple delivery dates, multiple postings pay appear on the cardholder’s statements.
14. How We May Use Your Personal Information
14.1 How we will use your personal information. We will use the personal information you provide to us:
(i) To supply the products to you;
(ii) To process your payment for the products; and
(iii) If you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
14.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.
15. Other Important Term
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of these are unlawful, the remaining clauses will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.