USE OF THE PENHALIGON'S UAE WEBSITE www.penhaligons.ae (on desktop and mobile)
The Website is operated by or on behalf of Allied Enterprises L.L.C, trading as PENHALIGON'S a limited liability company with registered company number 40871, whose registered address is at PO Box 30069 – Dubai – United Arab Emirates (“PENHALIGON'S”, “us”, “we”, “ours”).
The Website is provided to you for your personal use subject to these terms and conditions (the “Terms and Conditions”).
By using the Website you agree to be bound by these Terms and Conditions.
These Terms and Conditions apply to all products supplied by PENHALIGON'S.
You are either at least 18 years of age or are accessing the Website under the supervision of a parent or legal guardian.
We grant you a non-transferable and revocable license to use the Website, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Website. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Certain services and related features that may be made available on the Website may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Website is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Website shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
ORDERS FOR THE PRODUCTS
The products are subject to availability. If, for any reason beyond our reasonable control, we are unable to supply a particular item, we will inform you as soon as possible, and refund or recredit you for any sum that has been paid by you or debited from your credit card for the products, unless you wish to accept substitute products of equivalent quality and price.
We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or any other problem identified by us.
The products are not intended for resale.
By confirming your purchase at the end of the checkout process, you agree to accept and pay the full amount payable for the product(s) as indicated during the order process, including any shipping costs or charges incurred with that order.
PRICES AND PAYMENT POLICY
The price of the products and delivery charges are shown in United Arab Emirates Dirhams.
We accept the following forms of payment:
– credit/debit card: VISA, MASTERCARD, AMERICAN EXPRESS
– cash on delivery in UAE Dirhams currency.
All credit/debit card payments are subject to validation by the issuer. If the issuer of your card refuses to authorize payment, we will cancel your order and contact you for an alternative method of payment.
The details on your credit/debit card used to make the payment shall exactly match the ID information of the cardholder.
All credit/debit cards’ details will not be stored, sold, shared, rented or leased to any third parties.
Rest assured your card number will be protected using SSL (Secure Socket Layer) certificate. We guarantee a safe shopping experience on our site.
VALUE ADDED TAX (VAT)
The prices include VAT applicable on the day of your order. Any change in the applicable VAT rate will be automatically reflected in the price of products sold by PENHALIGON'S within its Website.
PENHALIGON'S delivers to any address in the United Arab Emirates only.
If there is no one at the address given who is able and competent to accept delivery of the products, you will have the option to arrange for an alternative delivery date or be given additional information about the collection of the products.
Delivery will be done within one (1) to three (3) days from the receipt of your order.
Please note that we cannot offer any delivery service in Das Island, Delma Island in Abu Dhabi.
Free standard delivery for all orders above 699 AED.
RETURNS & EXCHANGE POLICY
It is PENHALIGON'S’s intention to satisfy its customers.
Please note that we do not provide any refund, however we will gladly offer an exchange for any unopened product bought on the Website that is returned within 30 days of the date of purchase, in any PENHALIGON'S’s stores in the United Arab Emirates only. All items must be accompanied by a copy of the both original receipt and in an unopened and sealable condition. We cannot accept any return by post.
Please note that we cannot offer exchanges on any opened or used products.
At the time of delivery, you may refuse the entire order only and return it in its entirety.
All products are quality controlled and checked for any faults before they are dispatched to you. Should you receive a product that is faulty please contact us immediately.
Products are classified as faulty if they are received damaged, or where a concealed manufacturing default appears within one (1) month of the date of purchase. Please note that products that are damaged as a result of wear and tear, neglect, abuse, improper maintenance or other causes attributable to you are not considered to be faulty.
In respect of defective products, you will have the following options, in PENHALIGON'S’s stores in the United Arab Emirates only:
- To replace the product, or
- To request the product to be repaired, if this option is available in respect of the defective product, or
- To receive a full refund in respect of the defective product.
All refund will be made by the method payment was received. If the initial payment was made by credit/debit card, we will re-credit your credit/debit card within (14) days.
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials on our Website (collectively, the “IP”) are owned, controlled or licensed by PENHALIGON'S one of its affiliates or by third parties who have licensed their materials to PENHALIGON'S and are protected by the United Arab Emirates and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on our Website for your personal, non-commercial use only; provided, however, that you (1) do not modify or alter the IP in any way; and (2) do not provide or make available the IP to any third party in a commercial manner. You will not acquire any copyright, trademark or other proprietary designations whatsoever contained on all IP. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of our Website or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, our Website or any related software. All software used on our Website is the property of PENHALIGON'S or its suppliers and protected by the United Arab Emirates and international copyright laws. The IP and software on our Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on our Website is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on our Website is the exclusive property of PENHALIGON'S and is also protected by the United Arab Emirates and international copyright laws.
PENHALIGON'S provides no warranty as to the accuracy of the content on the Website, nor does it warrant that such content is error free or reliable or that your use of the content will not infringe the rights of third parties. PENHALIGON'S does not warrant that the functional aspects of the Website or its content will be error free or that the Website, its content or the server that makes it available are free of viruses or other harmful components. If your use of the same results in any damage or the need for servicing or replacing property, material, equipment or data, PENHALIGON'S is not responsible in any way for those costs. PENHALIGON'S makes no warranty regarding the Website’s content, software, text, downloads, graphics or links, or any results from using the Website and you bear the entire risk of the completeness, accuracy or usefulness of any content on this Website. PENHALIGON'S reserves the right to withdraw any content from the Website at any time and for any reason. Removal may be immediate and without notice. You confirm that PENHALIGON'S is not liable to you or any third party for any such withdrawal.
We endeavor to provide an accurate description of the products on our Website and to display the colors of the products as accurately as possible. We cannot guarantee that your monitor’s display of any color will be accurate.
The personal opinions of the labels and brands whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of PENHALIGON'S and we accept no responsibility for any such views expressed in any media.
You agree to defend, indemnify, and hold harmless PENHALIGON'S and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of our Website or any breach by you of these Terms and Conditions.
OUR WEBSITE IS PROVIDED BY PENHALIGON'S ON AN “AS IS” AND “AS AVAILABLE” BASIS. PENHALIGON'S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PENHALIGON'S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PENHALIGON'S DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON OUR WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEBSITE, THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
LIMITATION OF LIABILITY
Nothing in these Terms and Conditions is intended to affect your rights under the United Arab Emirates law. The use of the Website or any of the services or products is at your own risk, and unless otherwise stated in these Terms and Conditions, you assume full responsibility and risk of loss resulting from your use of the Website or any of the services or products.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL PENHALIGON'S OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PENHALIGON'S HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL PENHALIGON'S BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU TOWARDS THE PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITES AND CLAIMS IN EXCESS OF THIS LIMITATION.
MUSE Loyalty Program – Terms & Conditions
- Points will be credited in your online statement within 30 days. To check your statement, please download the MUSE Mobile App from the App Store or Google Play.
- In case of missing Points, please contact MUSE Concierge on 800 888 777
- Points can be redeemed in store only currently. Other MUSE T&C’s apply.
- For further information on the programme, FAQ’s and T&C’s – please visit experience-muse.com
We reserve the right to modify these Terms and Conditions at any time without notice to you.
We, through the Website, will not deal or provide any services or products to any of OFAC sanctions countries in compliance with the laws of United Arab Emirates.
These Terms and Conditions are governed by the laws of Dubai, United Arab Emirates and the exclusive jurisdiction of the Dubai courts.
We reserve the right to modify these Terms and Conditions at any time without notice to you. Any modifications of these Terms and Conditions will be effective once published on our Website. Your continued use of the Website (or any of our other websites) following such change shall signify your agreement to be bound by the modified Terms and Conditions. Please read the Terms and Conditions and check back often. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the Website.
These Terms and Conditions constitute the whole legal agreement between you and PENHALIGON'S and govern your use of the Website and all Services and products available thereon and completely replace any prior agreements between you and PENHALIGON'S in relation to the same.
You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you and PENHALIGON'S may stop providing the same (or any features within them) to you or to users.
You understand that PENHALIGON'S grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials and PENHALIGON'S reserves the right to revoke these exceptions either generally or in specific cases.
You understand that you are solely responsible for (and that PENHALIGON'S has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which PENHALIGON'S may suffer) of any such breach.
If PENHALIGON'S does not exercise or enforce, or delays in its exercise or enforcement, of any legal right or remedy, this will not be taken to be a formal waiver of PENHALIGON'S’s rights.
You and PENHALIGON'S are independent contractors, and these Terms and Conditions, including but not limited to submission or distribution of Your Content, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and PENHALIGON'S. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set out in the Terms and Conditions. Neither party shall advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liability or obligation on behalf of, or in the name of, the other party, unless specifically provided for in these Terms and Conditions.
If any of the provision of these Terms and Conditions is held to be illegal or unenforceable, the other terms of these Terms and Conditions shall not be affected and shall remain in full force and effect.
These Terms and Conditions are reproduced in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will apply.
These Terms and Conditions are governed by the laws of the Emirate of Dubai, United Arab Emirates and all disputes arising hereunder are subject to the exclusive jurisdiction of the Dubai courts.
PRIVACY AND SECURITY
We, Allied Enterprises L.L.C, a limited liability company duly organized under the laws of the United Arab Emirates, under the Commercial License number 203385, whose registered address is at PO Box 30069, Dubai, United Arab Emirates and whose paid share capital is 200,000,000.00 United Emirates Arabic Dirhams (“we”, “us”, “ours”) respect the privacy of all of our users and are committed to protecting information collected through the Website.
Personal information about you may be collected in several ways when you use the Website or any Services.
Please exit the Website immediately if you are accessing the Website in a country or other territory where use of the Website is not permitted.
1 - What categories of Personal Information do we collect?
The Website collects certain information when you interact with it, for example, the Website may collect "Personal Information", which is any information that can be used to identify, directly or indirectly, an individual. The Website may also collect data that does not identify you specifically. The following is a list of Personal Information that we may collect and process about you:
- Information that you provide by filling out forms on the Website, including when you register, subscribe to any Services including but not limited to interactive services (such as blogs, chat rooms, message boards, or other user forums); enter a competition or promotion, complete a survey or report a problem with the Website: identification data, contact information, postal address, email address;
- Your correct date of birth, which we may require that you submit accurately to ensure that you do not access the Website if you are not of a legal age to purchase products offered for sale on the Website;
- Any information you may provide when you contact us or send us a correspondence;
- Information necessary to process an order which is placed with us: your name, email address, phone numbers, home address, shipping and credit/debit card billing address(es);
- Details of any transactions you carry out through the Website, including the placement of any orders by you: payment information (for example credit card details, or other payment details which you must provide to receive products you have ordered from us), connection data and your taste and preferences; and
- Details of your visits to the Website including, but not limited to, your computer's IP address, password information, page interaction information, traffic data, location data, weblogs, and other data about the resources that you access.
You can access and review your Personal Information in the My Account section of the Website.
If your Personal Information changes in any way or is incorrectly presented on the Website you should immediately update or correct your Personal Information (as applicable) by accessing the My Account section on the Website or, alternatively, by contacting our Customer Service as detailed in Section 8 below.
2 - For which purposes do we use your Personal Information?
We collect the above mentioned Personal Information for the following purposes:
- For the performance of a contract to which the data subject is party:
- to allow us to process your orders and payment, let you know the status of your order,
- to manage your account and to serve your requests in general,
- On the basis of the data subject's consent:
- to send you our newsletters as well as details of our products, special offers or promotional offers that may be of interest to you,
- For the purposes of the legitimate interests pursued by us:
- to improve our understanding of your interests and concerns, to improve our understanding of your use of our products, for our internal marketing and demographic studies: we may use your information to make our Website design and products/services better, as we believe that it is also in our legitimate interest to better serve you and respond to your needs.
- for security purposes: we may use information to protect our company, our clients, and our Website against fraud, theft or any wrongdoing which may affect our activity as it is our legitimate interest to ensure the security of our activity.
3 - Who do we share your Personal Information with?
Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information as permitted by applicable law.
Personal Information may also be shared with other trading divisions within our group of companies, on a need-to-know basis, for the above-mentioned purposes.
Please be aware that if we are requested by any regulatory or government authority investigating any suspected activity to provide your Personal Information, we will be entitled to do so as permitted by applicable law.
We may also disclose your Personal Information onto our carefully selected business partners or to our affiliated companies to enable them to send you information which may be of interest to you, subject to your consent.
If you do not want to receive such information anymore, you can just click on the “UNSUBSCRIBE” link in our emails, or set up your preferences in your My Account section or simply contact our Customer Service as detailed in Section 8 below and they will assist you in this respect.
From time to time we may disclose Personal Information on a need-to-know basis:
- To our service providers and subcontractors, including our affiliates, retained to perform functions on our behalf or to provide services to us, such as warehousing and delivery; marketing and advertising; data processing; software development; website hosting and management; information technology and office services; legal, accounting, audit and other third party service providers; and further provided such service provider does not collect, use or disclose the personal information for any purpose other than to perform such functions or to provide services to us or as otherwise required by law;
- To any prospective seller or buyer of our business or assets;
- If we are under a duty to disclose or share your personal data in order to enforce or apply the Terms and Conditions of our Website and other agreements, to permit us to pursue available remedies or limit the damages that we may sustain, or protect our rights, property, safety or security and that of our employees, agents, contractors, customers, the visitors of the Website or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
4 - Who do we transfer your Personal Information?
In certain cases, and for data hosting purposes Personal Information we collected about you may be transferred to affiliates, service providers, business partners located outside the EU to which Personal Information are disclosed in the GCC countries, Jordan, Lebanon, Canada and Singapore including to entities that are located outside of the European Economic Area, which may not have an adequate level of protection.
We have implemented appropriate safeguards with such data recipients by entering into data transfer agreements based on the European Commission standards clauses with such data recipients. You can ask for a copy of such appropriate safeguards by contacting us as set out in Section 8 below
We may use information from cookies for the following purposes:
- Traffic monitoring, for example, the IP address from which you access the Website, the type of browser and operating system used to access the Website, the date and time of your access to the Website, the pages you visit, and the Internet address of the website from which you accessed our Website;
- To recognize repeat visitors for statistical/analytical purposes;
- Anonymous tracking of interaction with online advertising, for example, to monitor the number of times that a banner ad is displayed and the number of times it is clicked.
- To customize or personalize your experience of the Website, for example, so that we can greet you by name;
- For transactional purposes, such as credit/debit card sales;
- To monitor your use of the Website in order to make our communications with you as relevant as possible, for example, by sending you email communications relevant to the parts of the Website that you visit most often or by letting you know about features of the Website that you have not accessed previously.
We may compile and report to third parties (such as advertisers) anonymous statistics about our users in terms of numbers, traffic patterns and related site information.
Whereas some cookies may be functional to collect information which will allow us to facilitate your browsing such as languages preferences, memorizing log-in, or saving the content of your shopping basket, other cookies also collect information on your behaviour by saving your preferences as detailed above.
While functional cookies may be installed to facilitate your visit of our Website, you may express your choice regarding our cookies through the privacy settings options of your browser which should include features to prevent from storing information on the terminal or processing information already stored on such terminal, unless you turn on the feature to allow such storage or processing.
Each browser has its own cookie management system, you can find information specific to your browser under the “help” menu, where you will be provided with all necessary information about how to set your preferences.
We cannot guarantee the proper functioning of the Website if you choose to disable your cookies. However, your visit to our Website will be significantly enhanced if cookies are not disabled.
6 - How long do We keep your Personal Information for?
Personal Information collected for the purposes hereunder will be stored only as long as necessary for the purpose of your commercial relationship with us, or as required to comply with our legal obligations.
If a judicial action is initiated, Personal Information may be stored until the end of such action, including any potential periods for appeal, and will then be deleted or archived as permitted by applicable law.
Your Personal Information will not be kept in a form that allows you to be identified for any longer than is reasonably considered necessary by us for achieving the purposes for which it was collected or processed or as it is established in the applicable laws related to data retention periods.
7 - Your rights
Subject to applicable law, you may have the following rights:
(i) Right of access
You have the right to confirm with us whether your Personal Information is processed, and if it is, to request access to that Personal Information including the categories of Personal Information processed, the purpose of the processing and the recipients or categories of recipients.
(ii) Right to rectification
You may have the right to rectify inaccurate or incomplete your Personal Information.
(iii) Right to erasure
You may have the right to ask us to erase your Personal Information.
(iv) Right to restriction of processing
In limited circumstances, you may have the right to request that we restrict processing of your Personal Information.
(v) Right to data portability
You may have the right to receive your Personal Information, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit that data to another entity.
(vi) Right to object and rights relating to automated decision-making
Under certain circumstances you may have the right to object, on grounds relating to your particular situation, at any time to the processing of your Personal Information by us and We can be required to no longer process your Personal Data.
(vii) Right to provide your instructions regarding the storage, deletion or disclosure of your Personal Information after your death.
When your Personal Information processing is based on your consent, you may withdraw any consent you previously provided to us at any moment. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
To exercise these rights, please contact our customer service team at [email protected].
You also have the right to lodge a complaint with the competent data protection supervisory authority.
8 - Changes to this Policy
CONTACT US – CUSTOMER SERVICE
If you have any questions about the Terms and Conditions or any aspect of your order, please contact our Customer Service by email at [email protected] from 10:00 am to 3:30 pm (Saturday to Thursday) excluding public holidays.