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1. AGREEMENT AND MAKING CHANGES

1.1 These Terms and Conditions set out the way in which you may order mobile phones and accessories (Goods) using the Website and in which Emirates Integrated Telecommunications Company PJSC du will sell you Goods. By ordering goods on the website you agree to be bound by these Terms and Conditions. Services purchased through the du Website are sold subject to additional specific terms and conditions related to the particular service. These can be found at [insert webpage] and will be supplied to you when you sign a contract for services.

1.2 du may withdraw Goods from sale or make changes to the prices and these Terms and Conditions at any time. Any changes will be posted to the Website.

2. ORDERS FOR GOODS

2.1 All orders are subject to acceptance and availability. If the Goods ordered are not available, you will be notified by e-mail and you will have the option either to wait until the Goods are available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the Goods from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order that you may receive from us shall not amount to our acceptance of your offer to purchase Goods advertised on the Website. The conclusion of a contract between you and du will take place when we despatch the Goods to you.

2.2 We will take all reasonable care to keep the details of your order and payment secure, and shall not be liable for any loss you may suffer if a third party procures unauthorized access to any data provided by you when accessing or ordering from the Website, unless such loss is caused by our negligence.

2.3 After you have successfully placed an order with us, you will receive an acknowledgement by e-mail of the order you have placed and a receipt which we advise you to print off and save for your records.

2.4 Payment will be taken from the credit/debit card used to place the order.

3. DELIVERY OF ORDERS

3.1 Once you have ordered Goods from us, we aim to deliver within two working days from the date of our acceptance of an order. If, due to unforeseen circumstances we cannot deliver on time we will try to contact you to make an alternative arrangement. We will endeavour to complete all orders within seven working days.

3.2 Goods will be delivered to the UAE location address you specify when registering on the Website.

3.3 If, for whatever reasons, we are unable to fulfill the agreement to supply you with the ordered Goods within 14 days we will offer a refund on your debit/credit card or suggest an alternative item.

3.4 We accept no liability for any failure to deliver Goods where we haven taken all reasonable steps to notify you that the items will not be delivered as ordered or if we try to deliver the items and you are not at the specified address. It is your responsibility to ensure that you order from us with sufficient lead-time to prevent any loss or disappointment resulting from such non-delivery.

4. REFUNDS AND EXCHANGES

4.1 If the Goods you have ordered are defective you may return the Goods to us within seven days either for a full refund or for exchange to other Goods, provided in each case, the following conditions are met:

• the defect has not been caused by your miss-use; and
• the Goods are returned to us in the original packaging; and
• proof of purchase is provided (e.g. receipt or invoice).

4.2 Refunds will only be made to the credit/debit card you used to make the purchase. Any difference in price between exchanged Goods will be made up either by a partial refund to you or payment of an additional sum by you.

4.3 If you return Goods to us more than seven days after their delivery to you, you will not be entitled to a refund. You may however, be entitled to an exchange if the faulty Goods are unable to be repaired and are covered by a manufacturer’s warranty.

5. WARRANTY

5.1 Goods sold from the Website may have the benefit of a manufacturer’s warranty, details of which will be contained in the box in which the Goods are packaged.

5.2 Faulty Goods will be repaired free of charge where they are covered by a manufacturer’s product warranty. Before returning faulty Goods to us you should check the terms of any warranty given by the manufacturer to ensure that the repairs are covered. As a guideline, the following situations will not qualify for a free of charge warranty repair:

• Goods that are over 12 months old;
• defects to Goods that have been caused by your mis-use

5.3 If your Goods are covered by a warranty and are not repairable, an exchange for the same or similar Goods will be offered. In these circumstances du reserves the right to replace with like-for-like to compensate for any devaluation due to wear and tear. Re-furbished units may be used for this.

5.4 For returned Goods that do not qualify for a free of charge warranty repair, a chargeable repair may be offered at our discretion.

6. PAYING FOR THE GOODS

6.1 Goods may be paid for by the debit or credit card shown on the payment screen. Payment will be taken from your card immediately when you place your order. If you subsequently fail our security or identity checks or for any reason and we do not fulfill your order, we will refund your card with the original amount within 24 hours of notifying you. Please note that this may take up to five working days for your bank to process these refunds and we cannot be held responsible for any delays in refund payments.

6.2 All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us we will not be liable to you for any delay or non-delivery.

7. ELIGIBILITY TO PURCHASE

To be eligible to purchase Goods on this Website and lawfully enter into and form contracts on this Website you must:

• be 18 years of age or over (if an individual);
• stipulate a delivery address in the UAE;
• register your real name, address, phone number, e-mail address any other details requested.

You must notify us immediately of any changes to your personal information by e-mailing our customer service representatives at:

shop@du.ae

8. LIMITATION OF LIABILITY

8.1 We will not be liable (whether for breach of contract, negligence or any other liability arising under or in relation to the Agreement) for any actions by us or anyone who works for us, except to the extent that such liability cannot be excluded under UAE law.

8.2 We shall not be liable to you for any loss of business, revenue, profits or anticipated savings, or any indirect or consequential loss suffered by you.

8.3 Any liability which may arise under Clause 8.2 will be limited to the amount you have paid for the Goods form which the liability arises.

9. PRIVACY

9.1 We will collect and use personal information in accordance with our Privacy Policy.

9.2 In addition, by offering to purchase Goods you authorize us to transmit personal information we collect about you to third parties in order to obtain further information from such third parties and in accordance with UAE security service checks. Personal information we pass on to third parties may include, but is not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

10. IF YOU WANT TO MAKE A COMPLAINT/DISPUTES

10.1 If you have a complaint about the Goods you should contact Customer Care by emailing shop@du.ae  We will try and resolve any complaints quickly and amicably.

10.2 This Agreement is governed by the federal laws of the United Arab Emirates and the laws of the Emirate of Dubai, and any disputes shall be subject to the exclusive jurisdiction of the courts of Dubai.

10.3 If either of us fails to exercise a right we may have under this Agreement, that does not prevent that party from taking further action.

10.4 If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions of the Terms and Conditions.

11. iPhone Booking Offer - Online Terms & Conditions

11.1 Payment of AED 200 through the du e-shop website will secure the iPhone Pre-Booking Offer (the Offer).

11.2 After submitting your details and making your payment you will receive a confirmation email. This confirmation email must be kept as proof of your pre-payment.

11.3 The Offer will be valid from 00.01 hours on 17th October 2009 until 23.59 hours on 25th October 2009 (the Period).

11.4 When you purchase an Apple iPhone from any participating du retail outlet during the Period this Offer will entitle you to:

• 11.4.1 receive AED 500 credit back when purchasing a du Elite plan with a monthly commitment. This will be paid as AED 50 over a period of 10 months; or
• 11.4.2 receive AED 300 credit back when purchasing a du PAYG plan. This will be paid as AED 50 over 6 months.

11.5 Your pre-payment of AED 200 will be deducted from the purchase price of the Apple iPhone, however, if you decide not to purchase the Apple iPhone then we are unable to refund you this pre-payment.

12. iPhone Prize Draw Terms & Conditions

12.1 From 00.01 hours on 17th October 2009 until 23.59 hours on 25th October 2009 du will run a Prize Draw. Every hour one winner will be drawn from the database of people booking an iPhone through the iPhone Pre-Booking Offer. The winner will receive an Apple iPhone handset of the type they pre-booked through the iPhone Pre-Booking Offer.

12.2 The winner will be reimbursed the pre-payment of AED 200 that was paid when pre-booking through the Offer.

12.3 The winner will be notified within 7 days. If within 14 days the winner cannot be contacted then an alternative winner will be randomly drawn from the eligible entries.

12.4 The decision made by du is final and no correspondence will be entered into.

12.5 du reserves the right to vary, amend or withdraw this Prize Draw upon reasonable notice.

12.6 du employees and their families are not eligible to enter this Prize Draw.