TERMS AND CONDITIONS
These Terms and Conditions (together with any documents referred to in them) apply to our supply to you of products or services (the "Product(s)") listed in our online shop found on our website www.emirateshighstreet.com (the "Website") or in The Emirates High Street catalogue (the "Catalogue").
We do not accept orders from individuals outside the countries which are listed in paragraph 4.1 of these Terms and Conditions (the "Serviced Countries"). Some restrictions are placed on the extent to which we may accept orders from or arrange delivery to other specific countries.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ORDERING ANY PRODUCT(S) FROM THE EMIRATES HIGH STREET. YOU SHOULD UNDERSTAND THAT YOUR USE OF THE WEBSITE OR THE CATALOGUE OR THE INFORMATION CONTAINED WITHIN THE WEBSITE OR THE CATALOGUE OR BY ORDERING ANY OF OUR PRODUCT(S), YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. THE EMIRATES HIGH STREET IN ITS SOLE DISCRETION, RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, ALTHOUGH ANY CHANGES WILL BE POSTED ON THE WEBSITE, OR IN THE CASE OF THE CATALOGUE, PUBLISHED IN THE NEXT ISSUE. BY BROWSING THE WEBSITE YOU ACCEPT THAT YOU ARE BOUND BY THESE TERMS AND CONDITIONS AND WE THEREFORE RECOMMEND THAT YOU CHECK THESE TERMS AND CONDITIONS EACH TIME YOU VISIT THE WEBSITE.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS PLEASE DO NOT USE THE WEBSITE OR THE CATALOGUE.
The Website and the Catalogue are owned and operated by The High Street LLC trading as The Emirates High Street ("The Emirates High Street", "we", "us" or "our").
1 GENERAL CONDITIONS OF USING THE EMIRATES HIGH STREET
1.1 Your Account
In order to purchase Product(s) you must register with us. To register with us you must be over eighteen (18) years of age and ensure that all the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your details in the "Your Account" area of the Website.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. If you are a member of the Skywards frequent flyer program ("Skywards Member"), you agree that your use of the Website shall be governed by these Terms and Conditions.
We reserve the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
We do not sell Product(s) for purchase by children. We sell children's Product(s) for purchase by adults. If you are under eighteen (18) years of age, you may only order Products with the involvement of a parent or guardian.
1.2 Electronic Communications
When you visit the Website or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
1.3 Copyright, Authors' Rights and Database Rights
All content included on the Website or in the Catalogue, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our affiliates or our content suppliers and is protected by international copyright and database laws and treaties around the world. All such rights are reserved. The compilation of all content on the Website or in the Catalogue is the exclusive property of The Emirates High Street and our affiliates and is protected by UAE and international copyright and database right laws. All software used on the Website is the property of The Emirates High Street, our affiliates or our software suppliers and is protected by international copyright and authors rights' laws.
If you use the Website you may not systematically extract and/or re-utilise parts of the content of the Website without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Website, without our express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of the Website without our express written consent.
www.emirateshighstreet.com and other marks indicated on our Website or in the Catalogue are trademarks or registered trademarks of The Emirates High Street, our affiliates in the UAE and/or other jurisdictions (the "Emirates Group"). Website graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of the Website. Our trademarks and trade dress may not be used in connection with any product or service that is not featured on the Website or in the Catalogue in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Website or in the Catalogue are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
1.5 Intellectual Property Claims
We and our affiliates respect the intellectual property rights of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us immediately.
1.6 Product(s) Information
We take care to ensure that information on the Product(s) including price, availability, specifications and images will be as accurate as possible. However, the Product(s) will be regularly updated which may affect the images, availability, specifications and prices. You should also be aware that Product(s) featured on the Website or in the Catalogue are not to scale (unless specifically stated in the individual product descriptions). If you are not happy with the Product(s) you receive you may return the same in accordance with paragraph 7 (Returns) of these Terms and Conditions. Any typographical, clerical or other error or omission on any page of the Website or the Catalogue shall be subject to correction without any liability on our part.
1.7 Health & Safety
YOU MUST, UPON RECEIPT OF ANY PRODUCT(S), READ CAREFULLY ANY SAFETY WARNINGS AND FOLLOW CLEARLY ANY GUIDELINES ON HOW TO USE THE PRODUCT(S). IF YOU ARE IN ANY DOUBT ABOUT THE USE OF THE PRODUCT(S), THE MEANING OF ANY WARNINGS, OR WHETHER YOUR INTENDED USE OF THE PRODUCT(S) IS SAFE, WE URGE YOU TO CONTACT THE MANUFACTURER FOR CLARIFICATION PRIOR TO USE. THE EMIRTAES HIGH STREET WILL NOT BE HELD RESPONSIBLE FOR ANY NEGLIGENT USE OR MISUSE OF PRODUCT(S) PURCHASED. NOTHING IN THESE GUIDELINES SHOULD BE THOUGHT TO SUPERSEDE, OR TO ALTER, OR TO TAKE PRECEDENCE OVER MANUFACTURERS' INSTRUCTIONS. IF NO INSTRUCTIONS ARE ISSUED AND YOU HAVE A QUERY ABOUT HOW TO USE THE PRODUCT(S) YOU ARE PURCHASING, WE REQUEST THAT YOU CONSULT THE MANUFACTURER.
2 PURCHASING OF PRODUCT(S)
When you place an order to purchase a Product(s) from us, we will send you an e-mail confirming receipt of your order and containing the details of your order and the address for delivery. This does not mean that your order has been accepted.
The contract between you and us (the "Contract") will only be formed when we send you a further e-mail confirming the dispatch of your Product(s) (the "Dispatch Confirmation E-mail"). Any Product(s) on the same order which we have not confirmed in a Dispatch Confirmation E-mail as having been dispatched do not form part of that Contract. We will not be obliged to supply any other Product(s) which may have been part of your order until the dispatch of such Product(s) has been confirmed in a separate Dispatch Confirmation E-mail. You are responsible for ensuring the accuracy of the terms of any order you submit. We reserve the right to reject any order.
You should be aware that once we begin the delivery process you will not be able to cancel any Contract you have with us other than though our returns process - see paragraph 7 of these Terms and Conditions.
These Terms and Conditions are incorporated into any Contract formed between you and us.
2.2 Third Parties
We also accept orders as agents on behalf of third party sellers and tour operators (the "Third Party" or the "Third Parties"). The resulting contract is between you and that Third Party, and is subject to the applicable terms and conditions of that Third Party, which they will advise you of directly prior to accepting your order. You should carefully review the Third Party terms and conditions which will apply to your transaction.
We may also provide links on our Website to the websites of other companies, whether Third Parties or not. We cannot give any undertaking that products and services which you may purchase from Third Parties through our Website, or from companies to whose website we have provided a link on our Website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.
These Third Parties or other companies are not agents or employees of Emirates, Emirates Group or The Emirates High Street. The Emirates High Street, Emirates Group or any affiliate(s) are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Third Parties or other companies for any personal injuries, death property damage, or any other damages or expenses resulting there from. The Emirates High Street, Emirates Group and any affiliate(s) have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority resulting from any orders placed or products and services purchased from any Third Parties or other companies.
We will notify you when a Third Party is involved in a transaction, and we may disclose your customer information related to that transaction to the Third Party.
2.3 Availability and Pricing of Product(s)
As we process your order, we will inform you by e-mail if any of the Product(s) are unavailable. Occasionally Product(s) may be temporarily out of stock. If this occurs, we will only process your payment once this product arrives in our warehouse. If after 7 days your product is still unavailable we will take full payment, which is refundable up until the time you order is dispatched from our stores.
The price of the Product(s) will be the price set out on the relevant page of the Website or the Catalogue (except in cases of obvious error) together with the delivery charges and Taxes, where applicable (see paragraph 8.2 of these Terms and Conditions), which will be added to the total amount due as set out in paragraph 2.4 of these Terms and Conditions below. We reserve the right to change the prices at any time. Whilst prices are liable to change at any time, the changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation E-mail.
Whilst we make every effort to ensure that all prices are accurate and up to date sometimes errors do occur and the prices stated are incorrect. Where the correct price is higher than the one on our Website or in the Catalogue, we will inform you of the correct price to confirm whether you would like to continue with the transaction. We are under no obligation to provide the Product(s) to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation E-mail, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. If the correct price is in fact lower than the price on our Website or in the Catalogue, we will either contact you and discuss the pricing error before we proceed with your order, or notify you of the error and cancel your order or you will receive a refund for the difference between the selling price and the actual price.
All our prices are shown in United States Dollars ("USD"). You will however be liable for any import duties and Taxes, which may be charged in a currency other than USD that may be levied in the country of delivery. Please see also paragraph 8.
2.4 Payment by Card
Payment for all Product(s) must be by credit card. We accept payment by Visa and MasterCard credit cards only. We will charge your credit card when the order is placed.
All transactions are encrypted using SSL technology and are PCI compliant. For further information visit www.pcicomplianceguide.org.
Upon providing details of your chosen payment card, you confirm that you are authorised to use the payment card to pay for the Product(s) ordered and you further confirm that you authorise us to deduct from the payment card the full price of the Product(s) and all other payments which may be due such as delivery charges and applicable taxes and duties.
All payments for Product(s) shall appear on your bank statement as "The High Street LLC Dubai UAE" and shall be effected in USD. The payments shall, where applicable, be converted into your home currency at the rate prevailing on the date of the payment. You agree that any charges relating to payment in a currency other than USD will be borne by you.
The rate of exchange between USD and your local currency is determined by your issuing credit card provider and may include a mark up on the standard exchange rate between USD and your local currency and/or a transaction fee. We have no control over the rate of exchange used by your credit card provider, nor do we have any control over any transaction fees which may be applied by your credit card provider. Please note therefore that any such variances in the exchange rate or transaction fees are solely for your account.
2.5 Payment by redemption of Skywards Miles
If you are a Skywards Member some Product(s) may be purchased using Skywards Miles ("Miles"). If you are not a Skywards Member you cannot avail yourself of this entitlement.
All Product(s) that may be purchased either from The Emirates High Street or which may be available for purchase by Skywards Members only ("Rewards") must be purchased directly through the Website or through the Skywards.com website. Miles may be redeemed for Rewards only by that Skywards Member.
Rewards do not have any direct cash value and are not convertible into cash.
Skywards Members may redeem Miles for Rewards at any time while the Miles are valid, subject to Product(s) availability and delivery.
All Rewards are subject to availability and suppliers' restrictions. We, our suppliers, affiliates or Third Parties who may supply Product(s) and other entitlements to us for sale on the Website, in the Catalogue or on such supplier's, affiliate's or Third Party's own website ("Service Partners") may from time to time impose a period in which no Rewards will be available. We may withdraw, replace or substitute Rewards at any time without notice.
We may at any time without notice alter the number of Miles required to obtain a particular Reward, withdraw a Reward supplied or impose additional restrictions on a Reward or conditions of obtaining it.
Please note that no Miles will be earned for any Product(s) purchased from The Emirates High Street either via the Website or the Catalogue.
3 CERTAIN CONSUMER RIGHTS
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Product(s). In this case, you will receive a full refund of the price paid for the Product(s) in accordance with paragraph 7.1 of our returns policy.
To cancel a Contract, you must send us an email using our 'Contact Us' form and we will get back to you as soon as possible. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Product(s) whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
You will not have any right to cancel a Contract for the supply of any of the following Product(s):
Product(s) which are intended for everyday consumption;
Product(s) which concern the provision of accommodation, transport, catering or leisure services;
Product(s) consisting of any pre-arranged combination of the following-transport, accommodation and other tourist services;
Product(s) consisting of the supply of goods made to your specification or personalised requirements; or which are classed as limited edition products.
Product(s) consisting of the supply of audio-visual recordings or computer software if unsealed by you.
Please also note that you are not entitled to cancel a Contract for a Product(s) which has been used or damaged after delivery (except where that Product(s) is defective).
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation E-mail or, if no delivery date is specified, then within 30 days or a reasonable time from the sent date of the Dispatch Confirmation E-mail, unless there are exceptional circumstances. Whilst every effort will be made to deliver the Product(s) in accordance with the timescales set out, we do not accept any liability for the late delivery of the Product(s).
For Product(s) which are to be delivered to the specified delivery address delivery will be shipped “DDU [your address] Incoterms 2000” (Delivered DutyYou have the choice to have the Product(s) delivered:
(a) to the address shown for delivery on your Dispatch Confirmation E-mail as stipulated by you in your order. The address given must be a full street address as The Emirates High Street cannot accept orders stipulating delivery to Post Office box numbers. If you take this option, please note that items ordered together might not be despatched at the same time;
(b) to the Pick-up Point located at Aramex, Airport Road, next to the Garhoud main traffic light, Dubai, United Arab Emirates. If you take this option, please note that The Emirates High Street reserves the right to request proof of identification in the form of a valid passport, drivers licence or other format in order that the person collecting the Product(s) is you.
(c) to the Pick-up Point located at Aramex, Airport Road, next to the Garhoud main traffic light, Dubai, United Arab Emirates, where you wish to authorise another person to collect products on your behalf. If you choose this option you must fully complete The Emirates High Street letter of Authority, downloadable from our website. Please note that The Emirates High Street reserves the right to request proof of identification in the form of a valid passport, drivers licence or other format in order that the person collecting the Product(s) is the stated person in The Emirates High Street letter of authority.
For Product(s) which are to be collected by you from to the Pick-up Point delivery will be “EXW Aramex, Airport Road, next to the Garhoud main traffic light, Dubai, United Arab Emirates Incoterms 2000” (Ex Works).
4.1 Serviced Countries
We do not accept orders or delivery to individuals outside the following Serviced Countries:
Andorra, Australia, Austria, Bahrain, Belgium, Brazil, Canada, Canary Islands ,Cyprus (Greek), Czech Republic, Denmark, Egypt, Estonia, Finland, Germany, Gibraltar, Guernsey, Hong Kong, Hungary, India, Ireland, Isle of Man, Italy, Japan, Jersey, Jordan, Kenya, Kuwait, Lebanon, Liechtenstein, Lithuania, Luxembourg, Malaysia, Malta, Monaco, Netherlands, New Zealand, Nigeria, Oman, Pakistan, Philippines, Poland, Portugal, Qatar, Republic of Korea (South Korea), Republic of Yemen, San Marino, Kingdom of Saudi Arabia, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Tanzania, Thailand, Turkey, United Arab Emirates, United Arab Emirates Pick-up point, United Kingdom, United States of America and Vatican City State
4.2 Delivery Exclusions
We do not deliver to the following addresses:
Military post offices.
5 RISK AND TITLE
The Product(s) will be at your risk from the time of delivery and ownership of the Product(s) will only pass to you when we receive full payment of all sums due to us in respect of the Product(s), including delivery charges and any applicable Taxes or duties.
6 DELIVERY CHARGES
Our delivery charges are available for review on the Website. Please note that you will be required to pay for any delivery charges in addition to the price of a Product(s).
7 RETURNS POLICY
7.1 Consumer Cancellation
When you return a Product(s) to us because you have cancelled the Contract between us within the seven-day cooling-off period (see paragraph 3 of these Terms and Conditions above) we will process the refund due to you as soon as possible. In this case, we will refund the price of the Product(s) in full, excluding any delivery charges and Import Duties paid by us on your behalf. However, you will be responsible for ensuring the Product(s) is returned by sending us an email using our 'Contact Us' form before the seven-day cooling-off period expires to arrange return of the Product(s). Please note that once the seven-day cooling-off period has expired you will lose your entitlement to cancel the Contract pursuant to paragraph 3 above and any attempted return of a Product(s), outside the seven-day cooling-off period, will be subject to paragraph 7.2.
7.2 Other Returns
We provide a 30 day returns guarantee from the time you receive the Product(s) under the following circumstances:
- You receive the wrong order
- The Product(s) is defective
- The Product(s) is damaged in transit
- A manufacturer advice requests that the Product(s) be returned
If you receive the wrong order then you should send us an email using our 'Contact Us' form and we will get back to you as soon as possible. We will arrange for the correct item to be shipped and in some cases for the incorrect item to be returned.
If the Product(s) is defective and therefore is covered under manufacturers' warranty then you should contact your local supplier of the Product(s) and arrange a replacement or send us an email using our 'Contact Us' form, and we will issue a shipping ticket to organise the return of the Product(s). Where a Product(s) is returned by you because it is defective, the wrong order, or on manufacturer's advice, any refund given will include the cost of your returning the Product(s) to us or we shall arrange pick-up and return at no cost to you. If the Product(s) is returned for any other reasons, we will not refund to you any delivery charges or Import Duties incurred by us in delivering the Product(s) to you and you will be responsible for contacting us via our 'Contact Us' form to ensure that the Product(s) is returned to us.
If the Product(s) is defective we will examine the returned Product(s) and will notify you of any entitlement to a refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you that you were entitled to a refund for the defective Product(s).
If the Product(s) is damaged in transit then you should not accept the package and the delivery company will be responsible for arranging a replacement Product(s).
We only accept returns through our returns process set out in this paragraph 7 of these Terms and Conditions. If a Product(s) is not returned according to our returns process we are under no obligation to accept return of the Product(s) by you.
We will usually refund any money received from you using the same method originally used by you to pay for your Product(s). For the avoidance of doubt a Product(s) which has been returned in accordance with the returns policy and which has been purchased with any combination of Miles will be refunded by way of a credit back to the Skywards account that was debited and any money will be refunded back to the payment card used for part-payment of the Product(s).
We will not be responsible for returned Product(s) that are lost or damaged in transit except where we agree to arrange and pay for delivery of the same as provided for above in this paragraph 7.
This returns policy excludes any products purchased directly from any other Emirates and/or Emirates Group and/or any other companies.
8 CUSTOMS AND TAXATION
When ordering Product(s) from us you may be subject to import duties and taxes ("Import Duties"), which are levied upon importation. Any additional charges for Import Duties must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering Product(s) from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. Also, we may provide certain order, delivery and product information, such as titles, to our delivery companies and such information may be communicated by them to customs authorities in order to facilitate customs clearance and comply with local laws.
Please also note that you must comply with all applicable laws and regulations of the country to which the products are destined. We will not be liable for any breach by you of any such laws.
For deliveries to Brazil, Cyprus (Greek) and Turkey we may be required to collect any applicable Import Duties for payment to the relevant government authorities on your behalf at the time of purchase in order to arrange delivery of the Product(s) to you.
All prices are displayed as exclusive of VAT, GST, sales tax, sales or use tax or consumption tax ("Taxes"). Where required, we also display the price as inclusive of Taxes. We will indicate to you if we are required to charge you any Taxes on the sale of the Product(s) before you finalise your order.
We will not charge you for Taxes if the Product(s) is being delivered to any one of the following countries: Andorra, Australia, Bahrain, Canada, Egypt, Gibraltar, Hong Kong, India, Japan, Jordan, Kenya, Kuwait, Lebanon, Liechtenstein, Malaysia, New Zealand, Nigeria, Oman, Pakistan, Philippines, Qatar, Republic of Korea (South Korea), Republic of Yemen, Kingdom of Saudi Arabia, San Marino, Singapore, South Africa, Sri Lanka, Tanzania, Thailand, United States of America, United Arab Emirates and United Arab Emirates Pick-up point.
Please note however that while we will not charge you for Taxes if a Product(s) is being delivered to one of the above countries, if you reside in one of the above countries, your local authority may levy Taxes on the importation of the Product(s). In such event, you are solely responsible for settling in full such Taxes levied on the importation of the Product(s).
For deliveries to Brazil, Cyprus (Greek) and Turkey in addition to Import Duties (please refer to paragraph 8.1 of these Terms and Conditions) we may also be required to collect Taxes for payment to the relevant government authorities on your behalf at the time of purchase in order to arrange delivery of the Product(s) to you.
9 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The material displayed on the Website or in the Catalogue is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of Emirates Group and Third Parties and any other company connected to us hereby expressly exclude:
ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY.
Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the use of The Emirates High Street or in connection with the use, inability to use, or results of the use of The Emirates High Street, any websites linked to it and any materials posted on the Website or published in the Catalogue, including but not limited to any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under UAE law.
PLEASE ALSO NOTE THAT, OTHERWISE THAN IN RELATION TO UAE LAW, WE DO NOT WARRANT THAT A PRODUCT(S) OR ANY PRODUCT INFORMATION WILL COMPLY WITH ALL LAWS, REGULATIONS AND CODES OF PRACTICE, OF ANY OTHER COUNTRY.
We warrant to you that any Product(s) purchased from us is of satisfactory quality and reasonably fit for all the purposes for which Product(s) of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaching our Contract with you is strictly limited to the price of the Product(s) which you purchased and any losses which are a foreseeable consequence of any such breach. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
This does not include or limit in any way our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which occur as a side effect of your direct loss or damage (including but not limited to such losses as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Where you purchase any products from a Third Party via The Emirates High Street, that Third Party's individual liability will be set out in its own terms and conditions which we would recommend that you read carefully (see also paragraph 2.2 above).
You agree to indemnify us and our affiliates, employees, agents and representatives, and to hold us and/or them harmless from and against any and all claims, and liabilities (including legal costs) that may arise out of your use of material obtained through the The Emirates High Street from your breach of these Terms and Conditions, or from any such acts arising through your use of The Emirates High Street.
We reserve the right, in our sole discretion, to deny access to the Website or any portion of it to any user without notice or liability.
10 PRIVACY STATEMENT
10.1 Information Collected
We process information about you ("your Personal Information") in accordance with our privacy statement set out below. By using The Emirates High Street, you consent to such processing and you warrant that all Personal Information provided by you is accurate.
We may collect and process the following Personal Information about you:
- Registration information (including but not limited to personal data such as names, addresses, contact numbers, date of birth, preferred methods of communication for Skywards and The Emirates High Street). This includes any other information provided at the time of registering to use our Website or purchasing Product(s). We may also ask you for information when you enter a competition or promotion sponsored by us or one of our affiliates and when you report any problem with your use of The Emirates High Street.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through The Emirates High Street and of the fulfillment of your orders.
- Details of your visits to our Website including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise, and the resources that you access.
If you are a Skywards Member we may also hold the following information:
10.2 Where we keep your Personal Information
Your Personal Information collected by us will be stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your data transmitted via the Website; any transmission is at your own risk. Once we have received your Personal Information, we will use strict procedures and security features to try to prevent unauthorised access.
10.3 Uses of Personal Information
We use your Personal Information collected by us in the following ways:
- To ensure that content on our Website is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any Contract entered into between you and us.
- To allow you to participate in interactive services when you choose to do so.
- To notify you about changes to our Product(s) or any other ancillary services.
- For accounting and audit purposes (including fraud auditing).
- To carry out credit checking and credit scoring.
- To develop new products and services.
- For marketing and market research purposes.
- Where you consent, pass on your Personal Information to third parties.
- Such other purpose as you may authorise from time to time.
We may also use your Personal Information, or permit selected third parties to use your Personal Information, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
If you are an existing customer, we can contact you by electronic means (e-mail or SMS) or through direct mail with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, and where we permit selected third parties to use your Personal Information, we (or they) will contact you by electronic means only if you have consented to this.
If you do not want us to use your Personal Information in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your Personal Information or on any order or registration form.
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of your Personal Information that we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisements to that target audience.
You will always be notified when your Personal Information is being collected by any outside parties. We do this so you can make an informed choice as to whether or not you wish to proceed with services that require an outside party.
Please note that you can not opt out from supplying your Personal Information to us.
10.4 Provision of your Personal Information
We may provide your Personal Information to any member of the Emirates Group, namely Emirates, DNATA or any business operated by those corporations or any corporation in the Emirates Group.
We may provide your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may provide your Personal Information to the prospective seller or buyer of such business or assets.
- If we or substantially all of our assets are acquired by a third party, any personal information held by us about our customers will be one of the transferred assets.
- If we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation, or in order to enforce or apply these Terms and Conditions and/or in any other related agreements, or to protect the rights, property, or safety of Emirates, Emirates Group, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
10.5 Registration, special offers and contests
Once you have registered with The Emirates High Street LLC either as a Website or Catalogue user, you may occasionally receive information on additional products, services and special deals offered by us. Out of respect for your privacy and your Personal Information we offer you the option not to receive these types of communications (please see paragraph 10.7 below). From time to time contests may be conducted via the Website or the Catalogue. Participation in these contests is completely voluntary and you therefore have a choice whether or not you wish to disclose any Personal Information in connection with them. Contact information supplied to us as part of your Personal Information will be used to notify you if you have won any applicable prizes.
The Website may contain links to other websites. Please be aware that we are not responsible for the privacy practices of websites not operated by us. We encourage you to read the privacy statements of each and every website that collects your Personal Information. The privacy statement in this paragraph 10 applies solely to your Personal Information collected by our Website.
10.7 Correction/updating of your Personal Information
If your Personal Information changes, we will provide a way to correct, update or remove your Personal Information previously provided to us.
If you no longer wish to receive promotional materials you may opt out of receiving these communications by logging into your account and selecting the "unsubscribe" in your profile.
10.9 Notification of changes
If we decide to change the privacy statement contained in this paragraph 10, we will post those changes on the Website in order that you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use your Personal Information in a manner different from that stated in this paragraph 10, we will notify you in writing by e-mail. You will have a choice as to whether or not we use your Personal Information in this different manner.
11.1 Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to an end or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If you breach these Terms and Conditions and we take no action, we will not be considered to have waived the rights we have against you which arise from any such breach. Furthermore, we will still be entitled to enforce any rights which we may have in any other situation where you breach these Terms and Conditions.
Any waiver by us of any rights accruing to us under these Terms and Conditions shall only be effective if it is expressly stated to be a waiver and is communicated to you in writing by e-mail.
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
If any of these Terms and Conditions or any provisions of a Contract between you and us are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and Terms and Conditions in force at the time that you order Product(s) from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation E-mail (in which case we have the right to assume that you have accepted any change to the Terms and Conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the Product(s)).
11.6 Entire Agreement
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between The Emirates High Street and you, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or which may be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms and Conditions.
12 GOVERNING LAW AND JURISDICTION
The Emirates High Street and use of it is governed by the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates. Any proceeding with respect to or in connection with The Emirates High Street and/or use of it must be brought in that jurisdiction.
13 OUR DETAILS
Address: The High Street LLC, 3rd Floor, Emirates New Headquarters Building, PO BOX 686, Dubai, United Arab Emirates