These terms and conditions (“Terms", “Agreement") are an agreement between Website Operator (“Website Operator", “us", “we" or “our") and you (“User", “you" or “your"). This Agreement sets forth the general terms and conditions of your use of the eyena.com website and any of its products or services (collectively, “Website" or “Services").
Accounts and membership
You must be at least 18 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
We are not responsible for Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
Links to other websites
Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be “affiliate links". This means if you click on the link and purchase an item, Website Operator will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by Website Operator or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Website Operator. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Website Operator or Website Operator licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Website Operator or third-party trademarks.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Website Operator, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Website Operator has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Website Operator and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Website Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Website Operator and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Dubai, United Arab Emirates without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United Arab Emirates. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Dubai, United Arab Emirates, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will send you an email to notify you. Continued use of the Website after any such changes shall constitute your consent to such changes. Policy was created with https://www.WebsitePolicies.com
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
PRICE AND PAYMENT
Prices displayed on the Site are stated in United Arab Emirates Dirham, and include tax but exclude possible delivery costs. If applicable, delivery cost will be added to the total amount payable by you.
While we try to ensure that all prices on our Site are accurate, errors may occur and some Products may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. We are under no obligation to provide the Product to you at the incorrect price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable, and could have reasonably been recognized by you as a mispricing. We reserve the right to change pricing at any time.
All coupons for discounts and promotions are not available for items on SALE.
We currently only accept cash on delivery,
Products available for purchase online are subject to availability. As necessary, we reserve the right to limit the quantity of Products we supply, supply only part of an order, or to divide orders. We also reserve the right to alter the terms of duration of any special offers or sale promotion. We will inform you if we are unable to fulfil your order.
From time to time, availability messages may be inaccurate and in the case of the Product being out of stock, you will be notified and your order cancelled.
LOWEST PRICE GUARANTEE
Eyena.ae Lowest Price Guaranteed Policy
Eyena’s Lowest Price Guaranteed policy entitles the customer to a reimbursement amounting to twice the difference of the Eyena price and the price of another online shop, should the buyer find another online shop selling the same product at a lower price. Reimbursement shall be made under the following conditions:
- The lower price is being offered by a full-fledged e-commerce website based in the UAE only. Corporate websites of brick-and-mortar stores displaying promotional prices or deals are not considered e-commerce websites.
- The other online shop must have the item in stock or on-hand.
- The product being offered in the other online shop should be brand new & original.
- The product is being sold at its regular price and cannot be part of a promotion of any kind (e.g. timed promotions, bundles, seasonal sale, etc.)
- The price offered by the other online shop should include shipping/delivery costs.
- A complete order transaction (successful order placement, payment, and delivery) must take place before a customer can file for a claim.
- After receiving the product, the customer has 24 hours to file for a claim by sending an email to info@Eyena.ae. Filing claims through other channels such as calling the hotline, sending messages through Facebook or any other social platform shall not be honored.
- The email must have the subject “ATTN: EYENA.AE LPG CLAIM for (product brand) (product name)” and should contain the following:
– Screenshot of the lower price offer, with date and time
– Link to the product page
– Bank account details
- Eyena.ae shall take a minimum of fifteen (15) days to confirm and approve the claim. Upon approval, Eyena.ae shall transfer the amount after seven (7) days to the account number provided.
- Eyena.ae reserves the right to refuse reimbursement due to incongruence with the conditions stated herein.
- Eyena.ae also reserves the right to refuse any claim without presenting justification.
If you have any questions about this Agreement, please contact us.