This agreement applies as between you, the User of this website and The Arabian Emporium, the owner of this website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these Terms and Conditions, you should stop using the website immediately.
No part of this website is intended to constitute a contractual offer capable
of acceptance. Your order constitutes a contractual offer and our acceptance
of that offer is deemed to occur upon our sending a dispatch email to you indicating
that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Account" means collectively the personal information, Payment Information
and credentials used by Users to access Paid Content and / or any communications
System on the Web Site;
"Carrier" means any third party responsible for transporting purchased
Goods from our Premises to customers;
"Content" means any text, graphics, images, audio, video, software,
data compilations and any other form of information capable of being stored
in a computer that appears on or forms part of this website;
"Goods" means any products that The Arabian Emporium advertises
and / or makes available for sale through this website;
"The Arabian Emporium" means The Arabian Emporium a trading name
of The Arabian Emporium. "Service" means collectively any online
facilities, tools, services or information that The Arabian Emporium makes
available through the website either now or in the future;
"Payment Information" means any details required for the purchase
of Goods from this website. This includes, but is not limited to, credit /
debit card numbers, bank account numbers and sort codes;
"Purchase Information" means collectively any orders, invoices,
dispatch notes, receipts or similar that may be in hard copy or electronic
form;
"Premises" Grange Farm, Shaw Lane, Milford, Belper, Derbyshire,
DE56 0TJ
"System" means any online communications infrastructure that The
Arabian Emporium makes available through the website either now or in the future.
This includes, but is not limited to, web-based email, message boards, live
chat facilities and email links;
"User" / "Users" means any third party that accesses
the website and is not employed by The Arabian Emporium and acting in the course
of their employment;
"website" means the website that you are currently using www.arabianemporium.com
and any sub-domains of this site unless expressly excluded by their own terms
and conditions.
2. Age Restrictions
Persons under the age of 18 should use this website only with the supervision
of an adult. Payment Information must be provided by or with the permission
of an adult.
3. Business Customers
These Terms and Conditions also apply to customers buying goods in the course
of business.
4. International Customers
If goods are being ordered from outside The Arabian Emporium's country of residence,
import duties and taxes may be incurred once your Goods reach their destination.
The Arabian Emporium is not responsible for these charges and we undertake
to make no calculations or estimates in this regard. If you are buying internationally,
you are advised to contact your local customs authorities for further details
on costs and procedures. As the purchaser of the Goods, you will also be
the importer of record and as such should ensure that your purchase is in
full compliance with the laws of the country into which the Goods are being
imported. Please be aware that Goods may be inspected on arrival at port
for customs purposes and The Arabian Emporium cannot guarantee that the packaging
of your Goods will be free of signs of tampering.
5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all
Content included on the website, unless uploaded by Users, including, but
not limited to, text, graphics, logos, icons, images, sound clips, video
clips, data compilations, page layout, underlying code and software is the
property of The Arabian Emporium, our affiliates or other relevant third
parties. By continuing to use the Web Site you acknowledge that such material
is protected by applicable United Kingdom and International intellectual
property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in
any other fashion re-use material from the website unless otherwise indicated
on the website or unless given express written permission to do so by The Arabian
Emporium
6. Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual Property rights
including, but not limited to, Copyright and Trademarks, in product images
and descriptions belong to the manufacturers or distributors of such products
as may be applicable.
6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in
any other fashion re-use such material unless otherwise indicated on the website
or unless given express written permission to do so by the relevant manufacturer
or supplier.
7. Fair Use of Intellectual Property
Material from the website may be re-used without written permission where any
of the exceptions detailed in Chapter III of the Copyright Designs and Patents
Act 1988 apply.
8. Links to Other websites
This website may contain links to other sites. Unless expressly stated, these
sites are not under the control of The Arabian Emporium or that of our affiliates.
We assume no responsibility for the content of such websites and disclaim
liability for any and all forms of loss or damage arising out of the use
of them. The inclusion of a link to another site on this website does not
imply any endorsement of the sites themselves or of those in control of them.
9 Usage Guidelines
When using the enquiry form or any other System on the website you should do
so in accordance with the following rules:
9.1 You must not use obscene or vulgar language;
9.2 You must not submit Content that is unlawful or otherwise objectionable.
This includes, but is not limited to, Content that is abusive, threatening,
harassing, defamatory, ageist, sexist or racist;
9.3 You must not submit Content that is intended to promote or incite violence;
9.4 It is advised that submissions are made using the English language as we
may be unable to respond to enquiries submitted in any other languages;
9.5 The means by which you identify yourself must not violate these terms of
use or any applicable laws;
9.6 You must not impersonate other people, particularly employees and representatives
of The Arabian Emporium or our affiliates; and
9.7 You must not use our System for unauthorised mass-communication such as "spam" or "junk
mail".
9.8 You acknowledge that The Arabian Emporium reserves the right to monitor
any and all communications made to us or using our System.
10. Accounts
10.1 In order to purchase Goods on this website you are required to create
an Account which will contain certain personal details and Payment Information
which may vary based upon your use of the website as we may not require payment
information until you wish to make a purchase. By continuing to use this
website you represent and warrant that:
10.2 all information you submit is accurate and truthful;
10.3 you have permission to submit Payment Information where permission may
be required; and
10.4 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and
warranty.
10.5 It is recommended that you do not share your Account details, particularly
your username and password. The Arabian Emporium accepts no liability for any
losses or damages incurred as a result of your Account details being shared
by you. If you use a shared computer, it is recommended that you do not save
your Account details in your internet browser.
10.6 If you have reason to believe that your Account details have been obtained
by another without consent, you should contact The Arabian Emporium immediately
to suspend your Account and cancel any unauthorised purchases that may be pending.
Please be aware that purchases can only be cancelled until they are dispatched.
In the event that an unauthorised purchase is dispatched prior to your notifying
us of the unauthorised nature of the purchase, The Arabian Emporium accepts
no liability or responsibility and you should make contact with the Carrier
detailed in the Purchase Information.
10.7 When choosing your username you are required to adhere to the terms set
out above in Clause 9. Any failure to do so could result in the suspension
and/or deletion of your Account.
11. Termination and Cancellation
11.1 Either The Arabian Emporium or you may terminate your Account. If The
Arabian Emporium terminates your Account, you will be notified by email and
an explanation for the termination will be provided. Notwithstanding the
foregoing, we reserve the right to terminate without giving reasons.
11.2 If The Arabian Emporium terminates your Account, any current or pending
purchases on your Account will be cancelled and will not be dispatched.
11.3 The Arabian Emporium reserves the right to cancel purchases without stating
reasons, for any reason prior to processing payment and dispatch.
11.4 If purchases are cancelled for any reason prior to dispatch you will be
refunded any monies paid in relation to those purchases.
11.5 If you terminate your Account any non-dispatched purchases will be cancelled
and you will be refunded any monies paid in relation to those purchases.
12. Goods, Pricing and Availability
12.1 Whilst every effort has been made to ensure that all graphical representations
and descriptions of Goods available from The Arabian Emporium correspond
to the actual Goods, The Arabian Emporium is not responsible for any variations
from these descriptions. This does not exclude our liability for mistakes
due to negligence on our part and refers only to variations of the correct
Goods, not different Goods altogether. Please refer to Clause 14.1 for incorrect
Goods.
12.2 Where appropriate, you may be required to select the required [size] [model]
[colour] [number] [other features] of the Goods that you are purchasing.
12.3 The Arabian Emporium does not represent or warrant that such Goods will
be available. Stock indications are not provided on the website
12.4 All pricing information on the website is correct at the time of going
online. The Arabian Emporium reserves the right to change prices and alter
or remove any special offers from time to time and as necessary. All pricing
information is reviewed and updated periodically.
12.5 In the event that prices are changed during the period between an order
being placed for Goods and The Arabian Emporium processing that order and taking
payment, you will be contacted prior to your order being processed with details
of the new price;
12.6 All prices on the website do not include VAT.
13. Delivery
13.1 The Arabian Emporium will notify you by way of email when your goods are
to be dispatched to you. The message will contain details of estimated delivery
times in addition to any reasons for a delay in the delivery of the Goods
purchased by you.
13.2 If The Arabian Emporium receives no communication from you, within 14
days of delivery, regarding any problems with the Goods, you are deemed to
have received the Goods in full working order and with no problems.
14. Returns Policy
The Arabian Emporium aims to always provide high quality Goods that are fault
free and undamaged. On occasion however, goods may need to be returned. Returns
are governed by these Terms and Conditions.
14.1 If you receive Goods which do not match those that you ordered, unless
accompanied by an explanatory note detailing the changes, stating reasons for
the changes and setting out your options, you should contact us within 14 days
to arrange collection and return. The Arabian Emporium is not responsible for
paying shipment costs. You will be given the option to have the Goods replaced
with those ordered (if available) or to be refunded through the payment method
used by you when purchasing the Goods. Refunds and replacements will be issued
upon our receipt of the returned Goods.
14.2 If any Goods you have purchased have faults when they are delivered to
you, you should contact The Arabian Emporium within 28 days to arrange collection
and return. The Arabian Emporium is not responsible for paying shipment costs.
Goods must be returned in their original condition with all packaging and documentation.
Upon receipt of the returned Goods, the price of the Goods, as paid by you,
will be refunded to you through the payment method used by you when purchasing
the Goods.
14.3 If any Goods develop faults within their warranty period, you are entitled
to a repair or replacement under the terms of that warranty.
14.4 If Goods are damaged in transit and the damage is apparent on delivery,
you should sign the delivery note to the effect that the goods have been damaged.
In any event, you should report such damage to The Arabian Emporium within
14 days and arrange collection and return. The Arabian Emporium is not responsible
for paying shipment costs. Upon receipt of the returned Goods, the price of
the Goods, as paid by you, will be refunded to you through the payment method
used by you when purchasing the Goods.
14.5 You have a statutory right to a "cooling off" period. This period
begins once your order is complete and ends 14 days after the Goods have been
delivered. If you change your mind about the goods within this period, please
return them to The Arabian Emporium within 14 days of receipt. Goods can only
be returned for this reason if their packaging remains unopened and the Goods
can be re-sold, as new, without any additional work on the part of The Arabian
Emporium. You are responsible for paying shipment costs if Goods are returned
for this reason.
14.6 If you wish to return Goods to The Arabian Emporium for any of the above
reasons, please contact us using the details on our Contact Page to make the
appropriate arrangements.
14.7 The Arabian Emporium reserves the right to exercise discretion with respect
to any returns under these Terms and Conditions. Factors which may be taken
into account in the exercise of this discretion include, but are not limited
to:
14.8.1 Any use or enjoyment that you may have already had out of the Goods;
14.8.2 Any characteristics of the Goods which may cause them to deteriorate
or expire rapidly;
14.8.3 The fact that the Goods consist of audio or video recordings or computer
software and that the packaging has been opened;
14.8.4 Any discounts that may have formed part of the purchase price of the
Goods to reflect any lack of quality made known to the Customer at the time
of purchase.
Such discretion to be exercised only within the confines of the law.
15. Privacy
Use of the website is also governed by our Privacy Policy which is incorporated
into these terms and conditions by this reference. To view the Privacy Policy,
please click on the link above.
16. Disclaimers
16.1 The Arabian Emporium makes no warranty or representation that the website
will meet your requirements, that it will be of satisfactory quality, that
it will be fit for a particular purpose, that it will not infringe the rights
of third parties, that it will be compatible with all systems, that it will
be secure and that all information provided will be accurate. We make no
guarantee of any specific results from the use of our Services.
16.2 No part of this website is intended to constitute advice and the Content
of this website should not be relied upon when making any decisions or taking
any action of any kind.
16.3 No part of this website is intended to constitute a contractual offer
capable of acceptance.
17. Changes to the Service and these Terms and Conditions
The Arabian Emporium reserves the right to change the website, its Content
or these Terms and Conditions at any time. You will be bound by any changes
to the Terms and Conditions from the first time you use the website following
the changes. If The Arabian Emporium is required to make any changes to Terms
and Conditions relating to sale of Goods by law, these changes will apply
automatically to any orders currently pending in addition to any orders placed
by you in the future.
18. Availability of the website
The Service is provided "as is" and on an "as available" basis.
We give no warranty that the Service will be free of defects and / or faults.
To the maximum extent permitted by the law we provide no warranties (express
or implied) of fitness for a particular purpose, accuracy of information, compatibility
and satisfactory quality.
The Arabian Emporium accepts no liability for any disruption or non-availability
of the website resulting from external causes including, but not limited to,
ISP equipment failure, host equipment failure, communications network failure,
power failure, natural events, acts of war or legal restrictions and censorship.
19. Limitation of Liability
19.1 To the maximum extent permitted by law, The Arabian Emporium accepts no
liability for any direct or indirect loss or damage, foreseeable or otherwise,
including any indirect, consequential, special or exemplary damages arising
from the use of the website or any information contained therein. Users should
be aware that they use the website and its Content at their own risk.
19.2 Nothing in these Terms and Conditions excludes or restricts The Arabian
Emporium's liability for death or personal injury resulting from any negligence
or fraud on the part of The Arabian Emporium.
19.3 Nothing in these Terms and Conditions excludes or restricts The Arabian
Emporium's liability for any direct or indirect loss or damage arising out
of the incorrect delivery of Goods or out of reliance on incorrect information
included on the website.
19.4 Whilst every effort has been made to ensure that these terms and conditions
adhere strictly with the relevant provisions of the Unfair Contract Terms Act
1977, in the event that any of these terms are found to be unlawful, invalid
or otherwise unenforceable, that term is to be deemed severed from these terms
and conditions and shall not affect the validity and enforceability of the
remaining terms and conditions. This term shall apply only within jurisdictions
where a particular term is illegal.
20. No Waiver
In the event that any party to these Terms and Conditions fails to exercise
any right or remedy contained herein, this shall not be construed as a waiver
of that right or remedy.
21. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior
versions thereof, the provisions of these Terms and Conditions shall prevail
unless it is expressly stated otherwise.
22. Notices
All notices / communications shall be given to us either by post to our Premises
(see address above) or by email to info@arabianemporium.com.
Such notice will be deemed received 3 days after posting if sent by first
class post, the day of sending if the email is received in full on a business
day and on the next business day if the email is sent on a weekend or public
holiday.
23. Law and Jurisdiction
These terms and conditions and the relationship between you and The Arabian
Emporium shall be governed by and construed in accordance with the Law of
England and Wales and The Arabian Emporium and you agree to submit to the
exclusive jurisdiction of the Courts of England and Wales.
