> Terms of use

MassGifts.com  - Terms of Use

 

Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").

 

By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.

 

In these Terms, references to "you", "User", "customer" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean MassGifts.com its franchisor, affiliates and partners.

 

Introduction

  1.      www.MassGifts.com website ("Website") is an Internet based content and e-commerce portal operated by Mass Gifts LLC, a company incorporated under the laws of UAE without regard to its conflict of law provisions.

 

  1.      Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. MassGifts.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.

 

User Account, Password and Security

1. You must register as a member on the Sites in order to purchaseor to use our Services. You will get a confirmation email and an activation link for your account designation upon completing the Website registration process. The registration process will only be completed upon clicking the activation link. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. We recommend you to change your password periodically. You agree to (a) immediately notify MassGifts.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you logout from your account at the end of each session.

 

Services Offered

MassGifts.com provides a number of Internet-based services through the Web Site (all such services shall hereinafter be collectively called the "Service"). One such service enables users to purchase corporate gifts of various categories and brands. (hereinafter be collectively called the "Products").

 

Governing Law:

These terms shall be governed by and construed in accordance with the laws of UAE without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the Dubai Courts[MSM1] .

 

Headings:

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

 

Privacy Policy

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of MassGifts.com the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him. (read our privacy policy)[MSM2] 

 

Limited User:

As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when using the Sites or Services. You agree to use the Sites or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Sites (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with MassGifts.com, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from MassGifts.com is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.

 

User Conduct and Rules:

You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

 

a)     defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

 

b)    publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

 

c)     upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;

 

d)    upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;

 

e)     falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

 

f)     violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

 

g)    violate any applicable laws or regulations for the time being in force in or outside UAE ;and

 

h)     violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.

 

Electronic Communications

You agree that we may communicate with you by email or by posting notices on the Site. 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. MassGifts.com requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

 

No Compensation Policy:

If the quality of any products, services, information, or other material purchased or obtained by you through the Website did not meet the quality of samples you received for the same item, no compensation will be given other than the Return and refund or Exchange of the product. The customer cannot request compensation for any reason, including but not limited to: any variation in the finish or appearance of the final product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a product; missed opportunities to avail certain discounts; any issue with our Delivery partners or their personnel; unavailability of items which the customer tried to purchase etc. Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. MassGifts.com holds the rights to cancel orders and block accounts of such customers without any prior notice.

 

Exactness Not Guaranteed:

MassGifts.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user.  We recommend to order for samples along with your bulk order to ensure the quality of product and printing/branding. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, colour etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc. In this instance you agree that a representative from MassGifts.com will call you or send an approval request via the email address which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 3 days of it being sent to you. MassGifts.com may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be fully refunded via your initial method of payment.

 

Intellectual Property Rights:

  1.      MassGifts.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to MassGifts.com without obtaining authorization from MassGifts.com.

 

  1.      It is expressly clarified that you will retain ownership and shall solely be responsible for any content that you (user) provide or upload when using product customization Service, including any text, logo, information, images, photographs or any other material.

 

Links To Third Party Sites:

The Website may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of MassGifts.com or the Website and MassGifts.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MassGifts.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. MassGifts.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MassGifts.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

 

Disclaimer Of Warranties/Limitations Of Liability:

MassGifts.com has endeavored to ensure that all the information on the Website is correct, but MassGifts.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall MassGifts.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data;(c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall MassGifts.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, MassGifts.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond MassGifts.com's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

 

Indemnification:

You agree to indemnify, defend and hold harmless MassGifts.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by MassGifts.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

 

Pricing:

Prices displayed on our website are correct to the best of our knowledge and maintained on a daily basis. In the event of an order being placed against an accidental incorrect price, we will endeavor to inform the purchaser of the error within seven days of the purchase being made, we will allow the purchaser / user to either cancel the booking or choose to pay the additional difference in price.

Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in UAE Dirham. Prices, products and Services may change at MassGifts.com’s discretion.

 

What we do about mispricing

Despite our best efforts, a small number of the many hundreds of items in our catalogue are mispriced. However, we verify prices as part of our dispatch procedures.

If an item's correct price is lower than our stated price, we charge the lower amount and send you the item. If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation.

 

Order Cancellation

You can cancel or exchange your order at any time before, order confirmation or before starting branding/ production of the Product(s). If you wish to cancel or exchange your order you must give us clear written instructions that you wish to do so either by email sales@MassGifts.com.

 

MassGifts.com also reserves the right to refuse or cancel orders in scenarios like:

 

  1.      Inaccuracies in pricing of product on website;

 

  1.      Unavailability of stocks;

 

  1.      Products ordered are not for self-consumption but for commercial resale;

 

  1.      Invalid address given in order details;

 

  1.      Any malpractice used to place the order;

 

If the order cancellation is from our side will inform you the same with 3 working days from the order placement.

 

Any promotional voucher used for placing the 'Bulk Order' may not be refunded in case of cancellation.

 

Delivery:

MassGifts.com will make a maximum of two attempts to deliver your order. In case the customer is not reachable or does not accept delivery of products in these attempts MassGifts.com reserves the right to cancel the order(s) at its discretion or to charge extra for the same.

 

An estimated delivery time is displayed on the Order Summary page. When placing your order, you will receive an email containing a summary of the order as well as the estimated delivery time applicable for your location.

 

Sometimes, delivery may take longer due to:

 

  1.      bad weather;

 

  1.      flight delays;

 

  1.      political disruptions;

 

  1.      other unforeseen circumstances;

 

  1.      customs clearance issues

 

In such cases, we will proactively reach out to you. Please check your emails and SMS regularly for such updates. By placing an order you also agree to handle the customs clearance and import formalities in the countries other than UAE and Bahrain.

 

In addition, we shall not be held liable for any damages or mental agony caused due to delay in delivery. The customer may cancel the order if the delivery time exceeds and if there is not intimation from our side. The customer shall get full refund of the amount they paid upon successful cancellation of their order.

 

You have to ensure the product(s) received are in good condition and is the same products that you ordered and is not damage during transit. In case there is damage or any products are missing, you must get a damage report from the courier and must notify MassGifts.com within the next 48 hours from receipt of the products.

 

Events Beyond Our Control

We will not be held liable nor be held responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events which are beyond our control (“Force Majeure” or “Fortuitous Event”).

 

A Force Majeure or Fortuitous Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

 

a) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

 

b) Fire, explosion, storm, floor, earthquake, subsidence, epidemic or other natural disaster.

 

c) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

 

d) Impossibility of the use of public or private telecommunications networks.

 

e) 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 or Fortuitous Event continues, and we will have an extension of time for performance for the duration of that period.  We will use all reasonable means to bring the Force Majeure or Fortuitous Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure or Fortuitous Event.

 

Post Delivery:

Returns and Exchange conditions:

MassGifts.com will accept Return or Exchange only if the following conditions are met.

 

  1. if a different product was sent instead of what was ordered by you (see Exactness Not Guaranteed section)

 

  1. product to be returned is in the same condition as it was when delivered, i.e. unwashed, unused and undamaged condition including packaging.

 

  1. product needs to be returned along with the original packaging and invoice; and

 

  1. products must not have any of your branding.

 

Limitation on refund amount for courier charges

If the customer wants to return a product, MassGifts.com does not offer reverse pickup of items, the customer can send us the shipment himself/herself/themselves. Moreover, the customer must send to customercare@massgifts.com  scanned copy of the courier slip and we will refund the amount upon receipt of the products in good condition.

 

Reverse Pickup Process:

MassGifts.com shall not be held liable for the products returned by mistake.

 

In a scenario where a product not belonging to MassGifts.com is returned by mistake, MassGifts.com is not accountable for misplacement of the product and shall not be held responsible for its return to the customer.

 

Termination:

  1.      MassGifts.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
  2.      If you or MassGifts.com terminates your use of the Website or any Service, MassGifts.com may delete any content or other materials relating to your use of the Service and MassGifts.com will have no liability to you or any third party for so doing.

 

  1.      You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.

 

Report Abuse:

As per these Terms, users are solely responsible for every material or content uploaded on to the Website. MassGifts.com does not review the contents in any way before they appear on the Website. MassGifts.com does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website comments or reviews. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to reportabuse@MassGifts.com.

 

Cancellation of Fraudulent/Loss to business Orders

To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, MassGifts.com reserves the right to cancel all past, pending and future orders without any liability thereto. MassGifts.com also reserves the right to refuse or cancel orders in scenarios where there are inaccuracies in pricing of products on the website and due to unavailability of stocks. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be credited back to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.

 

The customer may be considered fraudulent under any of the following scenarios:

 

  1.      Customer does not reply to the payment verification mail sent by MassGifts.com

 

  1.      Customer fails to produce adequate documents during the payment details verification

 

  1.      Misuse of another customer's phone/email

 

  1.      Customer uses invalid email and phone number

 

  1.      Overuse of a voucher code

 

  1.      Use of a special voucher not tagged to the email ID used.

 

  1.      Customer returns the wrong product

 

  1.      Customer refuses to pay for an order

 

  1.      Customer is involved in the snatch and run for any order

 

The customer may be tagged as loss to business under any of the following scenarios:

 

  1.      Customer have a very high return rate

 

  1.      Invalid/Incomplete address cases

 

  1.      Repeated request for monetary compensation for petty issues.

 

Account of customers falling under the fraudulent or loss to business category may be blocked.

 

Process for Pilferage Claim

If a customer raises a complaint for partial item/partial order through Customer Care

 

  1.      In case there is damage or missing product, a damage report must be requested from the carrier.

 

  1.      The customer is supposed to claim for pilferage within 48 hours of delivery failing which the claim will no longer be considered.

 

  1.      An Email will be sent seeking/providing following information:

a)     Short description of the case (A few questions will be asked to help us understand the scenario)

 

b)    The snapshots of the packet and other box(If any)(Try to cover the sides which look tampered/damaged as per the customer)

 

c)     The refund for prepaid orders will be done after investigation which usually requires 3-4 business day. The process will include investigation with the concerned departments

 

  1.      The customer will not be eligible for a refund if he/she:

a)     fails to provide adequate information about the case

 

b)    fails to provide snapshots of the packet and box(if any)

 

c)     Failure to report pilferage claim within the day for receipt of unsealed delivery

 

It is deemed important for the customer not to dispose off of the packaging for 7 days post delivery as the same may be needed for further investigation at our end.

 

Product Review Guidelines

  1.      Brisk and effective content: It is advisable that the content of the review is honest, simple, to-the-point and helpful in the interest of future buyers of the same product. Keep in mind that your review is based on your personal experience of your product choice, timing of the order and demographic contours. It is important that you set a clear and realistic picture in your review for other future buyers to follow suit.

 

  1.      Content of the review: The review section in essence is limited to only issues with respect to the product like the quality, comfort level, colour, size etc. Please note that reviews written with irrelevant content referring to another product or company will not be published. Moreover, reviews in incomprehensible language, HTML content, promotional campaigns, abusive or defamatory language will not be published.

 

  1.      Other reviews/queries: In case you want to give us a shout-out on our services like delivery, return, refund, promotional offers, discount coupons and so on, you can shoot us an email at customercare@massgifts.com.