Preamble
Welcome to OtakuME.com, this website (the “Website”) is provided by Otaku Middle East Toys as a service to our customers. Please note that your use of OtakuME.com service constitutes your unconditional agreement to follow and be bound by these terms and conditions (the "Terms and Conditions").
Otaku Middle East Toys” maintains the www.otakume.com Website ("Site")
We reserve the right to change the Terms and Conditions at any time. Any such changes will take effect when posted on the Website and it is your responsibility to read the Terms and Conditions on each occasion you use this Website and your continued use of the Website shall signify your acceptance to be bound by the latest Terms and Conditions. If you do not agree to (or cannot comply with) any of the Terms and Conditions, do not use this Website.
All the Information (as defined below) provided must be accurate. Providing any inaccurate Information constitutes a breach of these Terms and Conditions. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this Website.
Please note that there may be certain orders that we may reject or cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. your convenience, you will not be charged until your payment method is authorized; the order information is verified for accuracy. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our relevant department. 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 canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Website Security
You are prohibited from violating the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the exposure of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, flooding, spamming, mailbombing or crashing; (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. OtakuME.com will investigate such violations and prosecute users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from OtakuME.com on this Website.
Terms of Use
The Website can be used only by persons who can form legally binding contracts under applicable law. Persons who are incompetent to contract are not eligible to use the Website. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users/members. OtakuME.com reserves the right to terminate your registration and refuse to provide you with access to the Website if OtakuME.com discovers that you are under the age of 18 years.
The Website cannot be accessed to persons whose registration has been suspended or terminated by OtakuME.com for any reason whatsoever. Those who choose to access this Website from outside the United Arab Emirates are responsible for compliance with local laws if and to the extent local laws are applicable.
Registration Process
The information (the "Information") provided from your end will be protected in accordance with our Privacy Policy. If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. OtakuME.com assumes no liability to any person for any loss or damage which may arise as a result of any failure by you in protecting your password or account. Any suspicious activities on your account shall be notified to OtakuME.com by contacting us immediately through the address provided below. If OtakuME.com has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability to us.
User is responsible for maintaining the confidentiality of his account.
Product Pricing
Errors may occur in the process of providing product and pricing information by OtakuME.com. OtakuME.com cannot confirm the price of a product except after ordering. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, OtakuME.com shall have the right, at its sole discretion, to either contact you for instructions or cancel your order and notify you of such cancellation. In the event that OtakuME.com accepts your order, the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to OtakuME.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. No cash disbursement shall be made under any condition whatsoever.
Prices and availability are subject to change without any prior notice.
Visa or MasterCard debit and credit cards in AED, SAR, KWD, and BHD will be accepted for payment. Transactions on OtakuME.com are processed in UAE Dirham (AED). Customers visiting OtakuME.com from outside the United Arab Emirates may see prices in other currencies but all customers will be charged in UAE Dirham and differences between approximation in any foreign currency and actual billing price on the customer's credit card bill is probably attributable to different credit card companies charging different exchange rates. Fluctuations in price due to currency conversion are borne by the customer.
Order Acceptance
OtakuME.com reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Limitations on quantities available for purchase inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud are some situations that may result in the order being canceled, additional verifications or information may be requested before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your credit card account. No cash disbursement shall be made under any condition whatsoever.
Cardholder must retain a copy of transaction records and Merchant policies and rules.
It is the responsibility of the customer to ensure that they are present at time of delivery.
Cancellations by the Customer
If cancellation notice from the customer is duly received by OtakuME.com and the order has not been processed/approved by OtakuME.com, we shall cancel the order and refund the entire amount. OtakuME.com will not be able to cancel orders that have already been shipped out by us. OtakuME.com has the full right to demonstrate whether an order has been shipped or not. The customer agrees not to dispute the decision made by OtakuME.com and accept OtakuME.com's decision regarding the cancellation.
Customer can cancel their order within 30 minutes of purchase; refunds will be made back to the payment solution used initially by the customer. Please allow for up to 45days for the refund transfer to be completed.
Quantity Limits and Dealer Sales
OtakuME.com reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. The said limitations may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. OtakuME.com also reserves the right, at its sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms and Conditions, reselling shall be defined as purchasing or intending to purchase any product(s) from OtakuME.com for the purpose of engaging in a commercial sale of that same product(s) with a third party.
Unlawful Transactions
OtakuME.com reserves the right to recover the cost of products, collection charges and lawyers fees from persons using the Website fraudulently. OtakuME.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms and Conditions.
We will not trade with or provide any services to OFAC and sanctioned countries.
Customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.
E- Communications
When you visit the Website or send emails to OtakuME.com, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. 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.
As a customer, you agree and confirm on the following:
- In the event of a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information), any extra cost incurred by OtakuME.com for redelivery shall be claimed from you.
- Information provided by you will be accurate and correct. OtakuME.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true, OtakuME.com has the right, in its sole discretion to reject the registration and ban you from using the services of OtakuME.com.
- That you are transacting through this Website at your sole risk.
- That correct and proper address at which delivery of the product ordered by you shall be provided by you. If a recipient's address is found to be incomplete or incorrect, we may attempt to find the correct address and to complete the delivery, but we assume no responsibility for our inability to complete delivery under such circumstances. If the address is incorrect, or if delivery can't be completed, then a surcharge for extra cost will be imposed to the customer.
- That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description or elsewhere onOtakuME.com.
Display of Products
The colors of our products that appear on the Website will be displayed as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Delivery Costs
Shipping/delivery costs will be calculated based on the following:
- Weight and size of the product.
- Shipment scheme.
- The location you are shipping to (also called the destination)
All orders are shipped out by courier. Delivery is normally door-to-door but there may be instances where this is not possible due to courier company limitations or local laws.
Delivery within UAE shall be in 1 – 2 working days and from 2 to 5 working days to other GCC countries. Orders placed after 6pm shall be processed on next working day. Order processing cut off time may change without notice during the holy month of Ramadan and/or Otaku ME participation in local events.
Amendment of the Terms and Conditions
OtakuME.com may at any time modify the Terms and Conditions of the Website without any prior notification to you. You can access the latest version of the Terms and Conditions at any given time on OtakuME.com. In the event the modified Terms and Conditions are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms and Conditions of this Website.
Governing Law and Jurisdiction
The Terms and Conditions shall be construed in accordance with the federal laws of the United Arab Emirates and the local laws and regulations of the Emirate of Dubai. Dubai Courts shall have exclusive jurisdiction in any proceedings arising out of the Terms and Conditions.
United Arab of Emirates is our country of domicile” and stipulate that the governing law is the local law.
Copyright and Trademark
Unless otherwise noted, all contents of the Website are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Otaku Middle East Toys, or one of its affiliates or by third parties who have licensed their materials to OtakuME.com and are protected by the applicable laws.
OtakuME.com, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of OtakuME.com or any third party's intellectual property rights. All rights, including copyright, in this Website are owned by or licensed toOtakuME.com. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of OtakuME.com. You may not modify, distribute or re-post anything on this Website for any purpose.
OtakuME.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Otaku Middle East Toys. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner whatsoever.
Objectionable Material
You understand that by using this Website or any services provided on the Website, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, OtakuME.com and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable to you.
Indemnity
You agree to defend, indemnify and hold harmless OtakuME.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website or any breach by you of these Terms and Conditions and/or the applicable laws.
Termination
These Terms and Conditions are effective unless and until terminated by either you or OtakuME.com. You may terminate these Terms and Conditions at any time, provided that you discontinue any further use of this Website. OtakuME.com may terminate these Terms and Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Website, Such termination will be without any liability to OtakuME.com. Upon any termination of these Terms and Conditions by either you or OtakuME.com, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under these Terms and Conditions or otherwise. OtakuME.com's right to any feedback shall survive any termination of these Terms and Conditions. Any such termination of these Terms and Conditions shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under these Terms and Conditions.
Limitation of Liability
Otaku Middle East Toys or any of its affiliates, employees, directors, agents or suppliers shall not be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Website, including without limitation damages for loss of profit, accuracy of results, loss of data, work stoppage, or computer failure. Without prejudice to the generality of the section above, the total liability of OtakuME.com to you for all liabilities arising out of these Terms and Conditions is it in tort or contract is limited to the value of the product ordered by you.
OtakuME.com make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, OtakuME.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
Entire Agreement
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. Unless otherwise specified herein, these Terms and Conditions constitutes the entire agreement between you and OtakuME.com with respect to the OtakuME.com sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and OtakuME.com with respect to the OtakuME.com sites/services. OtakuME.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Privacy Policy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of your privacy as a very important community principle. We understand clearly that you and the Information is one of our most important assets. We store and process the Information on computers that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles.
Details collected do not include the credit card details of the customers and those details will not be stored, sold, shared, rented or leased to any third parties.
Refund Policy
- The decision on refund will vary on case to case basis and there will be certain criteria’s for that:
- The decision on refund will vary on case to case basis and there will be certain criteria’s for that:
- Lost in deliveries
- If the product is not available then a full refund will be made to the customer. The refund will be made in next billing cycle.
- Refund is allowed only once duly approved by Otaku Middle East Toys.
- Refund requests must be approved within seven (7) working days from the date of purchase.
- The product refund is applicable in the case product is damaged from the manufacturer.
- Otaku Middle East Toys will affect the refund on receiving the unit back.
- The product will be refunded at current prevailing price.
- The settlement of the refund will only be affected once the bank has refunded the money which is next billing cycle from the date of application of refund.
- Refund will happen through the original mode of payment only.
Contact Details:
Otaku Middle East Toys is incorporated in Dubai, United Arab Emirates.
Otaku ME Toys Ltd. is incorporated in the United Kingdom with the following address: 1-4 Argyll Street, London W1F 7LD, UK. OtakuME.com,
P.O Box 231 Dubai E-mail: [email protected] Tel: +971-4-3956885 Fax: +971-4-3954444