INTRODUCTION
Welcome to the elctoys.com website (the "Site"). This Site is operated by ELC Toys (Branch Of Kamal Osman Jamjoom Trading LLC), Trade Mark number 221286 of Kamal Osman Jamjoom Group LLC Sultan Business Center, 4th Floor, Unit 422, Oud Metha Road, Dubai - UAE (“ELC Toys”, “we” and “us”). Your access to and use of the Site is governed by these terms and conditions of use ("Terms of Use"). These Terms of Use refer to our Privacy Policy and our Terms of Sale which may also be applicable to your use of this Site. If you do not agree to these Terms of Use, you may not and must not use this Site. Please check these Terms of Use regularly as they may be amended from time to time and your continued use of the Site following the publication of any amendments constitutes your acceptance of those changes.
USE OF THE SITE
You may only use this Site: If you are at least 18 years of age or are using the Site under the supervision of your parent(s) or legal guardian; and on your own behalf and not for any commercial purposes unless explicitly authorized by us in writing. Any information you provide to us or submit to the Site for any registration or subscription purpose or otherwise must be accurate and current. You must promptly update such information if there are any changes. You are solely responsible for keeping passwords and other account identifiers safe and secure and you are entirely responsible for all activities that occur under your password or account. You must notify us of any unauthorized use of your password or account.
USER SUBMISSIONS
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and you grant us the right to use your name in connection with such Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
INTELLECTUAL PROPERTY
ELC Toys” is our registered trademark. We are the owner or licensee of all registered and unregistered intellectual property rights in the Site and all content published on the Site (“Content”), the Site design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code, and software. You may download and print off one copy of extracts of our Site for personal use. You may not use our intellectual property for any other purpose.
NO RELIANCE ON INFORMATION
The Content is provided for information purposes only. Although we make a reasonable effort to ensure that the Content is accurate and up to date, we make no representation and provide no warranty to this effect.
LIMITATION OF LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to the Site or the Content, whether express or implied. We will not be liable to you for any loss or damage (including indirect and consequential damage) suffered by you arising out of your use of this Site including but not limited to that arising out of or in relation to your use of or inability to use the Site, any reliance on any Content, any virus or technologically harmful material that may infect your computer equipment by your use of the Site and any use of any website linked to this Site and any use of your password or account (whether authorized or not).
APPLICABLE LAW
These Terms of Use shall be interpreted and governed by the laws of the United Arab Emirates as applicable in the Emirate of Dubai.
DISPUTES
Any controversy, claim, or dispute arising out of or relating to these Terms of Use will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Dubai, UAE in English and governed by Dubai law pursuant to the Rules of Commercial Conciliation and Arbitration of 1994 (Dubai), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Dubai and is independent of either party. Notwithstanding the foregoing, we reserve the right to pursue the protection of our rights with respect to intellectual property rights and confidential information through the courts. For this purpose, you agree to submit to the jurisdiction of the courts of Dubai. Terms and Conditions of Sale 1. APPLICATION The products listed on this Site (“Products”) are offered and sold to you pursuant to these terms and conditions of sale, as amended from time to time (“Terms of Sale”). We may amend these Terms of Sale at any time and the version in force at the time that you make an order for Products (“Order) will be the terms that apply to the contract between us for such Order. Other terms and conditions that may apply to you are contained in our Terms of Use and our Privacy Policy. Definitions used in our Terms of Use are also applicable to these Terms of Sale. Please carefully read these Terms of Sale, the Terms of Use, and the Privacy Policy before, and every time, you make an Order. 2. AGE RESTRICTIONS You may not make an Order or purchase any Product unless you are at least 18 years of age. 3. PRODUCTS The images of the Products are for illustrative purposes only. Although we make reasonable efforts to display the colors and other aspects of our Products accurately, there may be variations. 4. ORDERS After you place an order, we will send you an email confirming receipt. However, acceptance of your Order does not occur until you receive an email from us informing you that your order has been dispatched. We cannot guarantee that all Products will always be available for purchase. If we are unable to fulfill an order, we will inform you by email and, if you have paid for the Order, refund the full amount paid. 5. PRODUCT PRICES The price of a Product will be as quoted on our Site at the time you submit your Order. The price of a Product does not include the delivery or bank charges. Although we take all reasonable care to ensure that our products are correctly priced, there may be circumstances where the price is incorrect. If we discover an error, we may, at our discretion, either cancel the Order or contact you to give you the option to purchase the Product at the correct price or cancel the Order. 6. PAYMENT We accept online payment by Visa and Mastercard debit/credit card. Your payment details will be provided directly to our payment provider via a secure connection and will not be stored by the Site. You must retain a copy of your transaction records and our Terms of Sale, Terms of Use, and Privacy Policy. Payment may be made in this currency: AED - UAE Dirham in the United Arab Emirates SAR – Saudi Riyal in the Kingdom of Saudi Arabia 7. DELIVERY We use Aramex to deliver our Orders. We do not sell or deliver to any countries if prohibited by UAE law or OFAC sanctions. Your order may incur customs duties and taxes at its destination. We have no control over these charges and cannot predict their amount - please contact Aramex or your local customs office for further information or click here to view. A single order may be split into multiple shipments, depending on the availability of the item and/or weight limits for parcels. You should be aware of the possibility that multiple shipments may result in multiple postings to your monthly credit card or debit card statement. 8. RETURN & REFUND If you are not completely satisfied with your purchase on elctoys.com, you have the right to return the product(s) within 14 days from receipt of your order. You may return the Product online only. - Click and Collect return policy available in-store at any one of our Early Learning Centre stores in the UAE and KSA. -Please note that outdoor items post assembly or installation are ineligible for return. Process for returning orders: • Registered customers Cancel your order under My account as long as the order has not been processed by our warehouse team (You will see status – Processing if the order has been processed). If your order has already been processed, however, it is not shipped contact our Customer Service Team at 800 5654 in the UAE or at 8001180009 in KSA to cancel your order and we will use all reasonable endeavors to cancel it providing your order has not yet been shipped. If the order has been shipped such cancelation will be treated as a return. Please refer to our Return section in the FAQs for further information. • Guest users If you placed the order as a Guest, then please contact our Customer Service Team to request your return. Will use all reasonable endeavors to cancel it provided your order has not yet been shipped. If the order has been shipped such cancelation will be treated as a return. Please refer to our Return section below for further information. Please be noted that some products might be non-returnable. We will bear the costs of the courier for returning the products only if you use our selected courier service provider & follow the steps mentioned above. We invite you to reuse the packaging your order was shipped in to proceed with the return. All products must be returned to us unused and in the same condition as received, in their original box and packaging, along with the original invoice. We will not accept any returns if the original packaging has been opened or tampered with. All items not complying with our return policy will be behold at our facilities. It is the customer’s responsibility to organize a collection by a courier company if such a product is requested to be returned to a customer. We offer a flexible return policy to make your online shopping experience as easy and convenient as possible. However, we monitor the number of returns made by customers and may refuse to accept orders at our discretion if products are returned repeatedly. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the goods, whichever is the earliest. Credit Card orders – upon the successful quality check, the bank will issue your refund within up to 10 days. Please contact Customer Service only if you have not received a refund after 14 working days. -Any fees such as delivery will be deducted from the refund unless it is a manufacturing defect. -Please be aware that refunds to Mada cards processed more than 14 days after the original purchase may be delayed up to an additional 4 weeks due to the refund processing policy enforced by Mada and your issuing bank. - Exchange Please note that we do offer exchanges only in stores. For online returns, you are invited to return your product(s) and then place a new order for the product(s) you wish to purchase, subject to stock availability. 9. GOVERNING LAW These Terms of Sale are governed by the law of the United Arab Emirates as applicable within the Emirate of Dubai. You agree to submit to the exclusive jurisdiction of the courts of Dubai in the event of a dispute. 10. FAQ Please click here to see our FAQ. 11. ELC Family Club Terms & Conditions Welcome to the terms and conditions (“Terms”) of the ELC Family Club. These Terms are between you and Kamal Osman Jamjoom LLC and/or its affiliates (“ELC”, “KOJ”, “elctoys.com” or “Us”) and govern our respective rights and obligations. Please note that your use of the elctoys.com website and ELC Family Club membership are also governed by the agreements listed and linked to below, as well as all other applicable terms, conditions, limitations, and requirements on the elctoys.com website, all of which (as changed over time) are incorporated into these Terms. The membership benefits listed below can be availed at participating Early Learning Centre Stores across the United Arab Emirates as well as our website elctoys.com on the UAE online store. If you sign up for an ELC Family Club membership, you accept these terms, conditions, limitations, and requirements. Family Club program Starting from April 1st 2023, Family Club program has changed. Family Club is now a lifetime members club that grants the following benefits starting from April 1st 2023: Access to pre-orders Access to dedicated deals The subscription is unique and not transferable. Benefits can be redeemed online by logging into your profile. Benefits can be redeemed in-store by providing the staff with the same phone number used for the subscription. By subscribing to family Club you agree to receive marketing communications from ELC via email, SMS or Whatsapp according to the information you provided. The Family Club subscription is not subject to any fees. Family Club Membership (for members who subscribed before March 31st 2023) Starting from April 1st 2023, Family Club Membership has changed. For Members who purchased or renewed their membership on or before March 31st, 2023, the Family Club Membership benefits will apply until the expiry date of their membership in-store only: - 20% off your first purchase (products on sale, promotion, and non-participating brands excluded) in-store only - 10% off all your next purchases and for the length of your membership (364 days if not renewed; products on sale, promotion, and non-participating brands excluded) in-store only - Free standard & next-day shipping & installation of your orders in stores. - Early access to exclusive products Important Changes to Family Club membership (for members who subscribed before March 31st, 2023) With effect from April 1st, 2023, the Family Club Membership benefits will apply exclusively in-store by providing the phone number used for subscribing. The unique QR code on your online profile will not be available. Online benefits cannot be applied. Shipping Benefits and Eligible Purchases (for members who subscribed before March 31st, 2023) ELC Family Club shipping benefits depend upon inventory availability, order deadlines, and in some cases the shipping address. They are limited to certain products sold by ELC (or third-party sellers participating in ELC Family Club) on the elctoys.com website. Some special products, orders, handling fees, and/or taxes may still apply to eligible purchases. If only some items in your order are eligible for ELC Family Club, you will pay applicable shipping charges for the ineligible items. Changing or combining orders, or changing your shipping address, speed, or preferences might affect ELC Family Club eligibility. Certain purchases may only be entitled to Standard Shipping because of their size, weight, and other shipping characteristics. We may exclude products with special shipping characteristics at our discretion. Fees and Renewal (for members who subscribed before March 31st 2023) The membership fee for the ELC Family Club is AED/SAR 99 Per year. The ELC Family Club membership fee is non-refundable. Limitation of Liability In addition to other limitations and exclusions on elctoys.com conditions of use, our total liability, whether in contract, warranty, tort (including negligence) or otherwise, will not exceed the last membership fee you paid. Change in the Terms We reserve the right to make changes to these Terms, elctoys.com Conditions of Use and Privacy Notice, or any aspect of ELC Family Club membership at any time. You will be subject to the Terms, elctoys.com Conditions of Use, and Privacy Notice in force at the time that you use the ELC Family Club membership. If any of these Terms or any change of these Terms is found invalid, void, or for any reason is unenforceable, it will be deemed severable and will not affect the validity and enforceability of any remaining changes or conditions. Your continued membership after we change these terms constitutes your acceptance of the changes. If you do not agree to any changes, please contact our customer service team to cancel your membership on this email help@elctoys.com or alternatively using our live chat function. You may not transfer or assign your ELC Family Club membership or any ELC Family Club benefits, including promotion codes for ELC Family Club memberships or benefits, except as allowed in these terms. ELC Family Club members are not permitted to purchase products for the purpose of resale, rental, or shipping to their customers or potential customers using ELC Family Club benefits. Some ELC Family Club benefits may require certain purchase thresholds (the more the merrier), have quantity or shipping address limitations or require members to meet specified criteria in order to access them. Applicable Law These Terms are governed by and construed in accordance with the laws of the United Arab Emirates as applicable within the Emirate of Dubai. If any dispute, claim, difference or controversy arising out of, relating to or having any connection with these Terms, including as it may relate in any way to your ELC Family Club membership, or to any products or services sold or distributed by KOJ or through elctoys.com, or the existence, validity, interpretation, performance, breach or termination and/or any dispute relating to any non-contractual obligations arising out of or in connection with them (for the purpose of this section, a “Dispute”) you agree to submit to the exclusive jurisdiction of the courts of Dubai. Waiver If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms. We're Here for You If you have any questions about this change, our team of experts is here to assist you. Please contact our customer service team on this email help@elctoys.com or alternatively using our live chat function.