Terms of Use

 

Last Updated 17 March 2015

Welcome to magrudy.com!

Magrudy.com is an international, online marketplace for books and a range of other goods and services, including cards, toys, stationery, and arts and crafts. The Website is operated by Gryphon General Trading LLC (“Magrudy’s”, “we”, “us”, “our”, etc.).

We want to be as clear as possible in our dealings with you. These Terms set out the basis upon which you can access magrudy.com, and use the Website to browse and order goods and services.

If you have any questions about magrudy.com, or the purchase process (including ordering, payments, exchanges or returns, delivery, etc.), then - in most cases - you will be able to find the answer in these Terms, or in the Help section of our website. If you can’t find an answer to your query, then please feel free to contact us at the email address specified in the Contact section below.

TERMS

Magrudy.com enables users to browse and order the products and services offered on the Website. By accessing magrudy.com, ordering any product or service, or otherwise using the Website, you agree to be bound by these Terms. If you do not agree with any of the Terms, your sole recourse is to stop using the Website.

From time to time, changes in law or changes in our business may lead us to make changes to these Terms. Such changes will become effective from the date on which they are made available on the Website. We will try to alert you to such changes (eg. by email), but we also encourage you to review the Terms from time to time to make sure that you remain familiar with them.

PRIVACY POLICY

The personal information you provide to Magrudy’s in the course of using the Website will be used in accordance with our Privacy Policy, the terms of which are hereby incorporated into these Terms.

YOUR DETAILS

You do not need to create an account with us via magrudy.com in order to make a purchase, although if you do create an account then you are able to access additional Website functionality. To create an account, or to order any products or services,  you must be the legal age of majority in your home country, and you must provide true, accurate, complete and current information (including name, date of birth, email address, credit card details, and other details) as requested during the account creation or ordering process. If you are under the legal age of majority in your home country, you may not create an account or order any products or services via the Website. (If this applies to you, consider asking a parent or guardian to create his or her own account and/or order products and services for you.)  You warrant that all information provided by you is true, accurate, complete and current. You acknowledge that you are responsible for maintaining the confidentiality of your account and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.

PRODUCTS

Magrudy’s is not the manufacturer of the products and services sold via magrudy.com, and we do not handle any stock directly. We do our best to ensure that information provided on the Website is accurate, but we do warrant that it is accurate, complete, reliable, current, or error-free.  You should not rely solely on the information presented on the Website, and you should read labels, warnings and directions provided with the product or service.

PRICING

All prices are subject to change without notice. From time to time, there may be errors in the pricing that appears on the Website or during the order process.  We will try to resolve, in good faith, any issues that may arise as a result of such errors. You need to cooperate with us to resolve such issues, and you agree that we shall have full discretion to determine the appropriate resolution in such cases. If we have made a mistake, and the correct price is lower than the stated price, we will charge the lower amount. If the correct price is higher than the price displayed on the Website, we may check with you to see if you want to continue with the order at the higher price or cancel your order. 

OFFERS

Unless stated otherwise all offers or promotions displayed on Magrudy.com or advertised via our social media channels can only be redeemed by purchasing via our online store, magrudy.com. For avodiance of doubt this means we will not be able to match these prices or promotions in our offline stores.

ORDERING AND PAYMENT

If you use magrudy.com to order products and services, you agree to pay the full amount payable for such products and services as indicated during the order process, along with any shipping costs or other charges applicable to that order.  (The currency in which prices are displayed may vary, so please pay particular attention to the currency you select.)  If the issuer of your credit or debit card refuses to authorise payment, we will cancel your order and contact you for an alternative method of payment.  We cannot be held responsible if this results in a delay in dispatching your order.

We may not accept your order in a variety of situations, including:

  • the item is out of stock,
  • we are unable to obtain authorisation for your payment,
  • shipping restrictions apply to a particular product or service,
  • we find a pricing error,
  • a product or service fails our internal quality checks,
  • or any other reason (at our sole discretion). 


We will not process your payment (or cease processing your order) in these types of situations, and will not be liable to you or to any third party by reason of our decision to decline processing, or unwinding or suspending any transaction after processing has begun. We reserve the right to refuse service, terminate your account, or cancel orders, at our sole discretion.

THIRD PARTY OFFERINGS

Third party providers may provide the products and services that you order via magrudy.com.  Your purchases from these third-party sellers are charged at the time you place your order and will be subject to our Terms as well as any other terms and conditions that such third-party seller may provide.  We do not warrant the offerings of any of these third party providers, and purchasing from such third party businesses or individuals is done at your own risk.

SHIPPING

If the products and services you ordered via magrudy.com are to be sent to you directly by us (or our agents), risk of loss and title for the items pass to you upon delivery of such items to the shipping carrier. The products and services you order may be directly sent to you from the third party provider of such items, in which case our involvement and responsibility is limited to facilitating payment; risk of loss and title for the items pass to you upon our receipt of payment. We are not responsible for any delays or loss in the shipping of your items, irrespective of whether they are sent to you directly by us (or our agent) or from a third party provider. You should note that the estimated delivery times are provided as a general guide only.  

CUSTOMS REQUIREMENTS

You are considered the importer of record and must comply with all laws and regulations of the country to which the items will be delivered. Cross-border deliveries are subject to opening and inspection by customs authorities. Our system is designed to limit the ability of users in certain jurisdictions to order certain products and services not permitted in such jurisdictions, but we cannot guarantee that any third party providers of products and services use similar mechanisms. We cannot be responsible for any instance in which items ordered via the Website are delayed, detained or destroyed by local customs authorities due to non-compliance with local requirements. We cannot be responsible for any instance in which items ordered via magrudy.com are subject to import duties and taxes, which are levied once the package reaches the specified destination; you are responsible for any customs-related charges. Customs policies vary widely from country to country, and so we encourage you to contact your local customs office for further information.

RETURNS AND EXCHANGES

We want you to be pleased with your purchase. If, for any reason, you are not completely satisfied, you may exchange, replace, or credit your purchase in accordance with the guidelines set out in these Terms. Items purchased via magrudy.com may be returned, within seven days of your receipt of such items, new, unused, in original packaging, and with all labels and tags still attached. All items returned in accordance with these criteria will be refunded to the original purchaser's credit card (excluding all shipping costs, international customs duties and sales taxes). Returns that do not comply with these criteria may be accepted at our sole discretion, and may only be refunded as a store credit. The following items cannot be exchanged: special orders, magazines and newspapers, dated items such as diaries and calendars, sale/clearance/discounted items, CDs, DVDs and audio books, or other content contained on digital media, travel books, study notes, food books, and music. These returns and exchange terms are subject to any strictly applicable legal requirements to the contrary.

CHANGE OF WEBSITE AND CESSATION OF OPERATIONS

Magrudy’s reserves the right to change or correct any errors or omissions in the Website, and to alter, limit or discontinue the provision of any of the services provided via the Website, at any time without prior notice to you.   Magrudy’s will use reasonable efforts to include up-to-date and accurate information in the Website, but it reserves the right to delete, modify, or supplement the content of magrudy.com at any time for any reason without prior notification.

THIRD PARTY LINKS AND ADVERTISEMENTS

Magrudy’s does not recommend or endorse the content or privacy practices of any third party sites which may be linked to or from magrudy.com, or products or services of any third parties mentioned or described on the Website or linked to or from the Website.  You acknowledge that Magrudy’s is not responsible for third party sites and that you enter any third party sites at your own risk. The Website may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Magrudy’s does not recommend or endorse any third party goods or services that may be advertised on magrudy.com.  If you choose to order a product or service advertised by a third party on the Website, you do so at your own risk.

INTELLECTUAL PROPERTY

The Website content is protected by copyright, trade mark and other intellectual property rights. Magrudy’s, or its licensors, retain all rights in such content.  You are only permitted to access and use this Website for personal purposes.  You may not use magrudy.com, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content or software contained within the Website. MAGRUDY’S and the MAGRUDY’S Logo are registered trade marks of Magrudy Enterprises LLC in the United Arab Emirates, and Magrudy’s WIPR Limited elsewhere, and used by Magrudy’s with permission of the respective owners.

USER CONDUCT AND USER GENERATED CONTENT

You agree to comply with all legal requirements of the jurisdiction in which you are located with regard to your use of the Website, and you acknowledge that you are entirely responsible for ensuring your own familiarity with such requirements and your own compliance with the same. The Website may at times provide opportunities for users to post reviews and other comments, questions, suggestions or other information (“User Generated Content”) on the Website. You warrant that any such User Generated Content submitted by you to the Website is original (and does not infringe the copyright of others), and you hereby grant Magrudy’s a perpetual, irrevocable, non-exclusive, royalty-free licence to use such User Generated Content so submitted, without any further recourse to you, and you hereby waive any moral rights in such User Generated Content. You agree that you will not post any content that is contrary to morality, defamatory, inflammatory, that infringes copyright, or that may otherwise breach common decency or be contrary to law. Magrudy’s has the right, but not the obligation, to monitor and edit or remove any activity or User Generated Content, and takes no responsibility and assumes no liability for any User Generated Content posted by you or any third party.

DISCLAIMER OF WARRANTY

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND, TO THE EXTENT LAWFUL, WITH NO WARRANTIES WHATSOEVER.  MAGRUDY’S, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS, AND ANY OF THEIR OWNERS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, EXPRESSLY DISCLAIM (TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW) ANY AND ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, MAGRUDY’S, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS, AND ANY OF THEIR OWNERS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES:

ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF, OR IN WAY CONNECTED WITH, THE USE OR INABILITY TO USE THE WEBSITE AND ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAGRUDY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND

EXCLUDE ANY AND ALL LIABILITY FOR DAMAGES CAUSED BY, ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY COMMUNICATIONS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE WEBSITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM USE OF THE WEBSITE.

WHERE IT IS NOT POSSIBLE TO EXCLUDE LIABILITY UNDER APPLICABLE LAW, YOU AGREE THAT MAGRUDY’S MAXIMUM LIABILITY FOR ANY CORRESPONDING CLAIM SHALL BE LIMITED TO THE HIGHER OF THE AMOUNT PAID BY YOU FOR THE ITEMS ASSOCIATED WITH YOUR CLAIM OR AED100. 

INDEMNITY

You agree to hold harmless and indemnify Magrudy’s, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees, from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and attorneys’ fees or other costs or expenses of any kind or nature arising from or in any way related to your use of the Website, including, but not limited to those brought by you or on your behalf in excess of the liability described above, or by third parties as a result of your breach of these Terms, your violation of any law or the rights of a third party, or your use of magrudy.com.

TERMINATION

Magrudy’s may terminate or suspend your access to all or part of magrudy.com, without prior notice, if it believes that your conduct is in violation of these Terms, applicable law, or otherwise harmful to the interests of Magrudy’s or any third party. Notwithstanding such termination or suspension, you agree that you will continue to be subject to the obligations which, by their nature, survive such termination or suspension, including the obligations relating to intellectual property rights, User Generated Content, etc.

GOVERNING LAW AND JURISDICTION

The Terms shall be governed by the laws of Dubai, United Arab Emirates. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the Courts in Dubai.  If any portion of the Terms is held to be unenforceable, invalid or illegal by any court of competent jurisdiction, the remainder of the Terms shall not be affected.

CONTACT

Gryphon General Trading LLC, commercial licence No. 635655, has a registered office in M2, Magrudy Shopping Mall, PO BOX 1155, Dubai, UAE. You can contact us regarding the Website, or these Terms, on help@magrudy.com.