Terms & Conditions

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.

SHIPPING

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 249 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 14 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.

INTELLECTUAL PROPERTY

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.

CONTENT

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.

INDEMNIFICATION

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.

DISCLAIMER

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.

MISCELLANEOUS

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.

 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] or by telephone on +97145633333 from 10:00 am to 5:30 pm (Saturday to Thursday) excluding public holidays.