TERMS OF SALE
By purchasing any product (“ Product") offered by The Entertainer FZ LLC, its subsidiaries and affiliates (collectively, the “Company," “we" or “our") through our websites or online applications that run on smart phones, tablets and other devices which provide dedicated non-browser-based interaction between you and our websites (all of which are collectively called our “Website"), you agree to these terms and conditions of sale (these “Terms of Sale").
We may, at our sole discretion, verify your identity prior to processing a purchase. We may also refuse to process, or may cancel a purchase, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Sale. Refunds for cancelled orders may be issued where appropriate in accordance with these terms and conditions of sale.
When you attempt to purchase any Product on our Website by clicking the “Place Order" or equivalent option, this constitutes an offer to buy the Product. Your purchase is not complete until we email you to confirm the transaction. We reserve the right to reject your offer and not conclude a sale agreement with you.
- Products sold by the Company may be subject to applicable taxes, which will be added at checkout.
- Advertised prices may include shipping and delivery charges. If delivery charges are not included in the advertised price, such costs will be added at checkout, as required.
- Occasionally there may be an error or omission related to the pricing or description of advertised Products. We will use reasonable efforts to correct any errors or omissions as soon as practicable after learning of them. We reserve the right to change, modify, substitute, suspend or remove without notice any information related to items for sale. If we made an error or omission and you have already purchased a Product: (i) if the actual price of the Product is less than the stated price at the time of purchase, we will charge you the lower price; or (ii) if the actual price of the Product is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a refund.
You may only pay for Products purchased on our Website using a valid credit or debit card (not available for Easy Pay payment option set out in clause 5 (Easy Pay) which is charged for the amount due at the time of purchase and/or monthly if a Product is purchased using the Easy Pay payment option.
- Easy Pay is available as a payment option when purchasing a Product on our Website using a valid credit card between 1 March and 31 October inclusive (Easy Pay Period). It is not available between 1 November to 28 February (or 29 February in leap years).
- Purchasing a Product using Easy Pay entitles use of the said Product from the date of purchase until 30 December of the year of purchase (Easy Pay Product Validity Period) unless you cancel Easy Pay prior to 30 December.
If you select to purchase a Product using Easy Pay the following provisions will apply:
- You agree to pay us the applicable fees and taxes in full on a monthly basis. Your purchase may be subject to foreign exchange fees or differences in prices based on location. Taxes are calculated based on the billing information that you provide us at the time of purchase;
- You authorize us to store your credit card and bill you every month the applicable fees and charges per Product purchased using Easy Pay, commencing from the date of purchase (a pro-rata amount of the fees and taxes will be charged for the month of purchase), then on the 1st of every month with the last charge being made on 1 December of the year you purchased the said Product(s);
- We will send you an itemized receipt to your registered email address every time the Company bills your credit card for a Product purchased using Easy Pay;
- You authorize us to store and continue billing your credit card even after it has expired, to avoid interruptions in the use of the Product(s) the subject of Easy Pay. If you decide to change the credit card stored to a new credit card, the Company will bill your credit card a nominal fee (which will be refunded to your credit card after the credit card has been verified and authenticated by the Company).
- If a credit card payment is unsuccessful for whatever reason, we will freeze your use of the Product(s). We reserve the right to impose additional charges (including bank charges/fees/interest) for all unpaid amounts, freeze your Entertainer membership account and/or blacklist any device connected to the Entertainer membership account if such unpaid amounts are not paid by you.
You may select to cancel Easy Pay by contacting Customer Service. Any cancellation is subject to the following conditions:
- Your use of the subject Product will continue to be available for you to use for the remainder of the Easy Pay Product Validity Period;
- Subject to the exception set out in subclause 3 below and any statutory rights you may have, if you select to cancel Easy Pay applicable to a Product you will continue to be liable for the remaining fees and charges owed for each Product until 30 December of the given year (that is the Company will bill your credit card for all monthly payments owed, billed on the 1st of every month with the last payment billed on 1 December of the year of purchase);
- If you are a citizen of the European Union, you have the right to cancel Easy Pay applicable to a Product within 14 days of original purchase of the said Product. Please contact Customer Service before the expiration of the 14-day cooling off period to effect cancellation and arrange for a refund of any monies paid by you to the Company less a pro-rata amount of the fees and charges applicable for the period commencing the date of purchase to the cancellation date.
Shipping and Delivery
- Shipment and tracking options and applicable charges will be stated in the deal terms.
- Shipping and delivery estimates are only estimates; they are not guaranteed delivery times and should not be relied upon as such. We may need to cancel an order before your Products are delivered; if this happens, we will promptly contact you at the email address that is registered with your account.
- When Products are delivered to the delivery address provided at checkout, legal title to those Products will transfer to the recipient (i.e. the Products will become the recipient's personal property).
Warranties and Other Information
- Unless stated otherwise in the offer's deal terms, all Products are sold “as is."
- While we work to ensure that the Product information on the Website is correct, we cannot guarantee that Product descriptions are accurate or complete. All information is provided for informational purposes only and we encourage you to read all information that accompanies the Products before use.
Returns and Refunds
For any Product which is intact (i.e. no offers have been used), simply return it (at your cost) along with the original receipt (or gift receipt) within 30 days of the date you receive the Product, and we’ll exchange it or offer a refund based upon the original payment method. This clause does not apply for Products purchased using Easy Pay – please refer to clause 5 for return and refunds provision for Products purchased using Easy Pay.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE OR USE, OR INABILITY TO USE, ANY PRODUCT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
These Terms of Sale and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre, without giving effect to any choice or conflict of law provision or rule (whether of the Dubai International Financial Centre or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Sale shall be instituted exclusively in the courts of the Dubai International Financial Centre, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Sale in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SALE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Sale shall not constitute a waiver of such right or provision.
If any provision of these Terms of Sale is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Sale will continue in full force and effect.