TERMS AND CONDITIONS OF SALE
1. ACCEPTANCE OF TERMS AND CONDITIONS OF SALE
1.1 Welcome to our Site. If you choose to place an order for the purchase of the products listed for sale (“Products” or “Product”) on this Site, you are agreeing to comply with and be bound by the following Terms and Conditions of Sale (“Terms of Sale” or “Terms”), which govern Maui Jim Middle East Trading L.L.C's (“Maui Jim”) contractual relationship with you in relation to the purchase of the Products on the Maui Jim website, www.mauijim.com (the “Site”).
1.2 If you do not agree with any of these Terms, please do not purchase the Products on the Site, which is operated by Maui Jim. Your purchase of Products on the Site is subject to these Terms of Sale and all applicable laws.
1.3 In order to access certain features of the Site, or to conduct a transaction through one of our transactional channels, you may be required to register for an account (“Account”).
1.4 To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If we, at Maui Jim, believe the details are not correct, current and complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your Account.
1.5 Please note that these Terms may be prospectively revised and reissued by posting updated Terms on this Site. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. Every time you place an order on the Site, the Terms in force at that time will govern the contractual relationship between you and Maui Jim.
1.6 EACH TIME YOU PLACE AN ORDER ON THE SITE, YOU ARE ENTERING INTO A NEW CONTRACTUAL AGREEMENT WITH US ON THE THEN APPLICABLE TERMS OF SALE AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR PLACING OF ORDERS ON THE SITE AFTER SUCH NOTICE CONSTITUTES YOUR ONGOING AGREEMENT TO THE TERMS FOR YOUR CONTINUED USE AND TRANSACTIONS. Therefore, you should review the posted Terms of Sale each time you use the Site (at least prior to each transaction or submission). The Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in the Terms or in other notice to you. We recommend you visit this page regularly to review the current Terms.
In these Terms unless the context otherwise requires:
2.1 All references to time must be construed in accordance with the Gregorian calendar.
2.2 The use of the singular will denote the plural and vice versa and the use of one gender will denote the other gender or no gender.
2.3 “Days” will mean the working days of the United Arab Emirates (“UAE”).
2.4 These Terms apply to all purchases of Products from Maui Jim by any and all customers, and they prevail over any terms proposed by you.
2.5 Except where stated otherwise, references to a party include references to a person to whom those contractual rights and obligations are transferred or assigned as a result of a merger, division, reconstruction or other re-structuring involving that party.
2.6 The headings of the paragraphs and schedules (if any) to these Terms do not affect the interpretation of these Terms.
2.7 Any reference to a law or regulation includes any revision, restatement, or amendment of that law or regulation.
2.8 These Terms apply in any event to you as a purchaser or prospective purchaser of our Products and so far as the context allows, to you as a visitor to the Site.
2.9 These terms are made only in the English language. Should there be any conflict in meaning between the English language version of these Terms and any version or translation of these Terms in any other language, the English language version must prevail.
3. OUR CONTRACTUAL RELATIONSHIP
3.1 These Terms will constitute the entirety of your contractual relationship with Maui Jim, and supersede any and all previous representations, understandings, and agreements between you and Maui Jim. Except as specified in these Terms, there are no conditions, representations, warranties, undertakings or agreements between you and Maui Jim whether direct, indirect, collateral, express or implied.
3.2 By placing orders for the purchase of Products on the Site, you agree to be bound by these Terms with immediate effect.
3.3 No condition of these Terms can be varied or amended without agreement in writing signed by the duly appointed representative of Maui Jim.
3.4 If you place an order on the Site on behalf of another person, you warrant that you have complete authority to do so and you accept personal responsibility for every act or omission committed by you while practicing such authority.
3.5 Maui Jim may refuse to ship the Products if you reside in a country we do not sell the Products in.
3.6 Maui Jim will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, the United States Office of Foreign Assets Control (“OFAC”), the UAE and its Central Bank sanctioned or targeted countries and individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific, and by the UAE and its Central Bank.
4. FORCE MAJEURE
4.1 If the performance of any obligation (other than your obligation to make payment) under these Terms is prevented, restricted or delayed by any acts of God, acts or omission of government, war, hostilities, acts of terrorism, industrial dispute, failure or delay in source of supply of materials or equipment, fire, explosion, accident or breakdown of essential machinery or equipment or by any cause (whether similar or not to any of the above events) beyond the reasonable control of the party whose performance is affected (each a “Force Majeure Event”), then that party will be excused from and will not be liable for failure in performance to the extent of that prevention, restriction or delay and the time for performance will be extended accordingly.
4.2 If performance is delayed for more than three (3) months by any Force Majeure Event, then Maui Jim may after that period and while the cause of non-performance still exists:
- Terminate the sale of a Product by not less than fifteen (15) days notice in writing via e-mail to the other party; and
- Refund the money paid for the Product.
5. ORDER ACCEPTANCE
5.1 Your placing of an order on the Site is an offer to buy the Products from us. Nothing said or done by us is considered an acceptance of an order until we confirm acceptance in writing, referring to the order. We will confirm acceptance of your order in writing via e-mail, confirming the details of your purchase and providing you with an estimated date of when your order will be dispatched by us.
5.2 If we are unable to accept your order, you will be informed of this in writing via e-mail, and you will not be charged for your order. All Products offered on the Site are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue offering certain Products without prior notice.
5.3 In the event that we do not have all or part of the Products you ordered in stock, we will offer you alternatives. In this case you may:
- Accept the alternatives; or
- Cancel all or part of your order.
6. PRICE AND PAYMENT
6.1 The price(s) of the Products are as specified in the order.
6.2 Prices of Products are subject to change at any given time, but such changes will not have a retrospective effect on any order for Products you have already placed and awaiting delivery.
6.3 However, if by mistake, we have under-priced the Products, we will not be liable to deliver those Products to you at the under-priced rate. In the event that happens, we will accordingly communicate it to you via e-mail, and we will not dispatch the Products until we receive payment of the Products at the correct price.
6.4 Prices are inclusive of Value Added Tax (“VAT”).
6.5 The prices will be separate and apart from any customs, duties, tariffs or other charges, of whatever nature or form, imposed by any governmental or regulatory body. You agree to pay any government or regulatory charges imposed on us in the fulfilment of your order.
6.6 All prices will be displayed in United Arab Emirates Dirhams (“AED”).
6.7 All payments will be concluded in AED.
6.8 Payments will be made immediately and without any delay.
6.9 The price of the Products will not include the shipping charge which will be charged in accordance with the shipping type (regular or express) and the rates applicable on the date and time of the order placement.
6.10 The shipping charge will be accordingly displayed to you on a page of the Site before you are asked to proceed with the payment of your order.
6.11 In addition to the below provisions, online payments are subject to Section 10 of the Maui Jim Terms of Service.
6.12 By providing a payment card (e.g., credit card) or other payment method accepted by Maui Jim, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (and our third-party payment processor(s)) to charge your payment method for the total amount of your order (including any applicable taxes and other charges).
6.13 If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem Maui Jim encounters in order to proceed with your order.
6.15 If you have asked us to remember your payment card details in readiness for your next transaction, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process any subsequent transactions initiated by you.
6.16 In the event you want to change or update payment information associated with your Account, you can do so at any time by contacting us by email at firstname.lastname@example.org or by calling us at +971 2 299 1207.
7. ORDER CANCELATION, RETURNS, AND REFUNDS
7.1 In addition to the below clauses, refunds are subject to Section 10 of the Maui Jim Terms of Service.
7.2 If you have ordered Products, but it is not yet dispatched for delivery, you may cancel your order via e-mail without giving a reason, at any time within fifteen (15) days of placing your order or before delivery, whichever is earlier. You will have no obligation and we will refund the money paid for the Products.
7.3 At any time before the Products are dispatched for delivery, we may decline to deliver the Products to you without providing any reason and we will refund the money paid for the Products.
7.4 In the event that you wish to cancel an order after receiving the Products, you need to send an e-mail request to email@example.com. Maui Jim has the sole discretion to determine if cancellation under this Clause is acceptable. If acceptable, we will refund to you the money paid for the Products (excluding the amount paid as shipping charge) in addition to the cost of return shipping, subject to the following conditions:
- You have been sent the wrong Products, the Products are defective, or the Products do not correspond with the description provided on the Site;
- The Products are returned by you within fifteen (15) days of the date of delivery; and
- The Products are unused, with original and intact packaging, labels, accessories, tags, and delivery slip.
7.5 As an alternative to the remedy found in Clause 7.4, if you have been sent the wrong Products, the Products are defective, or the Products do not correspond with the description provided on the Site, you may choose to lodge a written complaint to us via e-mail within fifteen (15) days of receiving the Products, following which we may repair or replace the Products, based on our sole discretion and subject to the following conditions:
- The Products are returned by you within fifteen (15) days of the date of delivery;
- The Products are unused, with original and intact packaging, labels, accessories, tags, and delivery slip; and
- The cost of return shipping is borne by you.
7.6 Without prejudice to Clause 7.4 and Clause 7.5, the following are considered non-returnable Products:
- Products that have been customized and configured in accordance with specifications stipulated by you.
- Products that have been used or damaged by you and are not remaining in the same condition as when you received them, i.e., they do not have original and intact packaging, labels, accessories, tags, and delivery slip.
- Products with serial numbers or identification codes that have been tampered with or are missing.
7.7 Subsequent to order cancelation, refunds for online payments will be processed within forty-five (45) days after the Products have been returned to us at our address at Maui Jim Middle East FZE, Dubai Airport Free Zone Warehouse # I 16, PO Box 293633, Dubai, United Arab Emirates and examined by our team.
8.1 Maui Jim will appoint a third-party courier service for the delivery of Products.
8.2 In addition to the relevant provisions contained within these Terms, the delivery of Products will be subject to the terms, conditions, policies, and procedures adopted by the third-party courier service.
8.3 The estimated delivery date and time will be specified in the order details on the Site.
8.4 The delivery date and time specified in the order details on the Site is a rough estimate and such delivery date and time will not be considered contractual or of essence to the fulfilment of these Terms.
8.5 If the third-party courier service is barred or hindered from delivering the Products to you due to a Force Majeure Event, we reserve the right to suspend the delivery until it is deemed possible to complete the delivery, or cancel the order subject to a refund in accordance with Clause 4.
8.6 Late delivery (due to a Force Majeure Event or otherwise) will not constitute a valid ground for your cancelation of an order or a refusal to receive the Products.
8.7 Late delivery (due to a Force Majeure Event or otherwise) will not constitute a valid ground for initiating compensation or a damages claim against us under these Terms.
8.8 Delivery will be made by the third-party courier service to the address specified in your order.
8.9 The third-party courier service may, at its sole discretion, request you or your authorized representative to present an identification document for identity verification before handing over the Products.
8.10 The Products will be deemed delivered at the time the third-party courier service receives the Products.
9. TRANSFER OF TITLE AND RESALE
9.1 Title for the Products purchased on the Site will pass on to you at the time we hand over the Products to the third-party courier service.
9.2 You are prohibited from re-selling the Products purchased on the Site (whether via the internet, overseas or otherwise) or establishing an (whether physical or digital) entity, corporation, branch, or distribution centre for the purpose of re-selling the Products purchased on the Site.
9.3 We reserve the right to reject orders, at our sole discretion, if we suspect an occurrence of bulk purchasing or mass buying.
10. THE LIMITED WARRANTY OF PRODUCTS
10.1 Maui Jim warrants that the Products supplied (frames and lenses) will be free from defects in design, material and workmanship and conform to the specifications specified in the order for a period of two (2) years from the date of delivery.
10.2 Maui Jim's obligation under this warranty will be limited to making good by repair or replacement, at our sole discretion, any defect in the Products (frames and lenses) that appears before the expiration of the two (2) year period from the date of delivery. In respect of Products which have been repaired or replaced by Maui Jim hereunder, we will guarantee such Products up to the end of the original warranty period. Replaced items will become the property of Maui Jim.
10.3 Without limitation, Maui Jim's warranty obligation will not extend to failure caused by fair wear and tear or items which are outside Maui Jim's scope of supply (including, but not limited to, components and accessories not manufactured by Maui Jim or identified as such by Maui Jim), unintended exposure to moisture, sunlight, extreme temperatures, pressure, bending, accidents, misuse, neglect, repairs or modifications to the Products which have been made without Maui Jim's approval.
10.4 This warranty is in place of and excludes all other warranties and conditions, whether oral, written, statutory, expressed or implied. Maui Jim will have no liability of any kind for any such defects or damages which appear after the expiry of the warranty period described above.
10.5 The above warranty is only provided to the original purchaser of a Maui Jim Product. Except for the warranty stated herein, Maui Jim provides no other warranties on its Products. Your use of our Products is at your own discretion and risk. You will be solely responsible for (and we disclaim) any and all loss, liability, or damages resulting from your use of a Product.
10.6 If you purchased a prescription Maui Jim Product from a retailer rather than from Maui Jim directly, Maui Jim will not be able to repair or replace the prescription lenses;
10.7 To initiate a warranty claim, please refer to the Repair Form at Maui Jim's website at firstname.lastname@example.org or call Maui Jim at +971 2 299 1207. Initiation of the warranty claim will be subject to the following conditions:
- You will need to send Maui Jim the actual defective Product (the cost of shipping being borne by you);
- You will need to provide proof that you purchased the Product; and
- Payment of the processing fee of AED 50 which Maui Jim charges for each warranty claim.
11. CHOICE OF LAW; DISPUTE RESOLUTION
11.1 The Laws of the UAE will govern the Terms and Conditions of Sale, without regard to conflict of laws principals. All disputes arising in connection therewith must be heard only by a court of competent jurisdiction in the UAE in the Emirate of Dubai.
11.2 All trade and commercial terminology found and used in these Terms will be interpreted in accordance with the relevant laws of the UAE.
12. WARRANTIES, REPRESENTATIONS, AND UNDERTAKINGS
12.1 This is a general audience Site for adults. By visiting the Site, you represent, warrant and covenant that you are at least twenty-one (21) years old (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). Any person using the Site who is under the age of twenty-one (21) should not register as a user of the Site and should not transact on or use the Site. You are financially and legally responsible for all uses of this Site by you and those using your Account information.
12.2 You warrant, represent, and undertake that:
- You will be in complete compliance, and will at all times, continue to maintain complete compliance with all applicable and relevant laws, statutes, and regulations;
- You possess complete and unrestricted power and authority to enter into these Terms and to make payments in accordance with these Terms; and
- If you place an order as the authorized or appointed representative of a person or business entity, you represent that you possess the authority to act on behalf of the person or business and bind the person or business to these Terms.
12.3 Subject to Clause 12.2, MAUI JIM PROVIDES SERVICES ON THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS. WITHOUT LIMITING THE FOREGOING, MAUI JIM DOES NOT WARRANT THAT THE SERVICES ON SITE WILL: (i) BE UNINTERRUPTED; (ii) BE SECURE; (iii) BE FREE FROM INACCURACIES (iii) MEET YOUR REQUIREMENTS; OR (iv) BE PROVIDED IN A TIMELY OR PROPER MANNER AT ALL. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
13.1 Nothing in these Terms will exclude a party's liability for the following:
- Fraud, including fraudulent misrepresentation committed by that party;
- Personal injury caused by the negligent behaviour of that party; and
- Any liability that is incapable of being limited or excluded due to the statutory requirement of the relevant and applicable laws.
13.2 Subject to Clause 13.1, IN NO INSTANCE OR EVENT WILL MAUI JIM, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, OR OTHERWISE ARISING OUT OF OR IN RELATION TO THESE TERMS OF SALE AND EVEN IF MAUI JIM, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED DAMAGES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
13.3 IN NO EVENT WILL MAUI JIM, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS' AGGREGATE LIABILITY TO YOU IN CONNECTION WITH CLAIMS ARISING OUT OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, OR OTHERWISE ARISING OUT OF OR IN RELATION TO THESE TERMS OF SALE EXCEED THE VALUE OF THE PRODUCTS PURCHASED BY YOU.
14.1 Any and all communications for any of the purposes found in these Terms will be carried out via e-mail at email@example.com. Unless these Terms stipulate that a certain matter requires written communication via e-mail, we can also be contacted via telephone at +971 2 299 1207.
14.2 Any person who is not a party to these Terms of Sale is void of any right to enforce any of the provisions of these Terms.
14.3 If any provision of these Terms of Sale is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions will remain in full force and effect.
14.4 Maui Jim's failure to exercise any right or option granted herein will not prevent a subsequent exercise or enforcement of such provisions or be deemed a waiver of any subsequent breach of the same or any other provision of these Terms, nor will any waiver be implied from the acceptance of any payment or service.
14.5 None of the provisions or anything contained in these Terms of Sales will be considered or interpreted by you or Maui Jim or any third party to give rise to the relationship of partnership or joint venture between you and Maui Jim, with the continuing understanding that you and Maui Jim will at all times remain independent parties contracting for services.
14.6 Maui Jim may, at its sole discretion at any time, assign, transfer, mortgage, charge, subcontract any of its rights or obligations under these Terms.
14.7 These Terms will be binding upon and ensure for the benefit of your and Maui Jim's successors and permitted assigns.