Updated on 30 August, 2020
Welcome to Blue Water Enterprises’ website (the “Website”) which is owned, operated and maintained by Blue Water Enterprises (L.L.C.) (hereinafter referred to as “Blue Water”, “We”, “Us”). Blue Water is incorporated in accordance with the laws of the UAE having a registered address at P.O. Box 24857, Dubai, United Arab Emirates and is licensed to carry on general trading business under commercial license number 205565.
The use of this Website is subject to the following terms and conditions (“Terms and Conditions”) which set out the rules for how We run the Website and which you should read carefully before using and accessing the Website. By accessing, browsing, using, registering with, or placing an order on this Website you acknowledge that you have read, understood and you agree to be legally bound by and comply with these Terms and Conditions in their entirety including those additional terms, conditions and policies referenced herein. These Terms and Conditions are applicable to all users of this Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to these Terms and Conditions in their entirety, you are being hereby asked to refrain from using this Website.
We reserve the right to update, change and/or replace the contents of this Website, including these Terms and Conditions at any time without notice by posting such changes on the Website. It is your responsibility to familiarise yourself with the Terms and Conditions regularly to ensure that you are aware of any changes. Your use of or access to the Website, after a change has been posted, will signify your acceptance of the modified Terms and Conditions.
1. DISCLAMER OF CONTENT
1.1 Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Website it is provided on an “as is” basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
1.2 Blue Water uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, access to and use of this Website is at the user’s own risk and we do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses. You are recommended to take all appropriate safeguards (including antivirus software) before downloading information or images from the Website. Blue Water shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
1.3 The information contained in the Website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to ordering any products from us that they are suitable for your purposes. Orders will be subject to the Terms and Conditions contained in section C, below.
1.4 Any advice given on this Website is for guidance purposes only. Any such advice should not be relied upon or used as a substitute for legal or other professional advice on your specific requirements.
1.5 Whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.
1.5 We shall not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the Website including without limitation under any tort including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement, under any statute or otherwise:
1.5.1 any indirect, special or consequential losses;
1.5.2 in respect of losses or damages arising out of changes made to the content of this Website by unauthorised third parties;
1.5.3 any loss of business, data, profits, revenue, goodwill, use or anticipated savings; or
1.5.4 loss or damage to your, or any third party’s, data or records.
2. LINKS TO THIRD PARTY WEBSITES
2.1 The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Blue Water or the Website and Blue Water 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. Blue Water is not responsible for any form of transmission, whatsoever, received by the customer from any Linked Site. Blue Water is providing these links to the customer only as a convenience, and the inclusion of any link does not imply endorsement by Blue Water or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
2.2 The use of third party Linked Sites is entirely at your own risk. By clicking on the links and/or Linked Sites, the customer expressly accepts and agrees to be bound by the terms and conditions of the third party’s Linked Sites.
2.3 Blue Water is not responsible for any errors, omissions or representations on any Linked Site. Blue Water does not endorse any advertiser on any Linked Site in any manner. The customers are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
2.4 These Terms and Conditions do not apply to any third party website linked to the Website or any other Blue Water websites. You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.
2.5 You are not entitled (nor will you assist others) to set up links from your own websites to the Website (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.
C. Shopping on the Website
The following Terms and Conditions apply to how we supply any goods displayed for sale on our Website (“Goods”) which you purchase through our Website.
Nothing in these Terms and Conditions affects your statutory rights.
3. PRINTING AND PRICING ERRORS
3.1 The placing of a product on our Website is an invitation to accept offers for products and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been confirmed and the credit card or debit card been charged).
3.2 In the event a product is listed at an incorrect price due to a typographical error, we will notify you of the correct price by e-mail and we will give you the choice of either purchasing the product at the correct price or cancelling your order. If payment has been charged for the purchase and you cancel your order we will, on return of the Goods, immediately issue a refund.
4. PRICES, PAYMENT AND DELIVERY
4.1 The prices of Goods as well as the Delivery Charges are inclusive of VAT at the standard rate of 5%. Delivery charges are as set out in the checkout process.
4.2 Payments must be made by credit card or debit card and the purchased Goods will be dispatched once we receive confirmation of payment.
All card payments are subject to authorization by your card issuer. We take full payment immediately for all products and delivery charges, as applicable.
4.3 Your payment will be processed by a Secure Connection at the time you place your order on the relevant section of the Website. If your payment is not received by Blue Water for any reason from your card issuer, you agree to promptly pay all amounts due upon request and using the method that Blue Water prescribes.
All products ordered will remain the property of Blue Water until we have delivered the products to the address specified by you or they have been collected in store.
4.4 Where Goods are to be supplied from stock, such supply is subject to availability of stocks at the date of your order. Where the supply of your product (s) or service (s) is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such delay or failure.
4.5 Delivery is restricted to the city limits of Dubai, Sharjah and Ajman, United Arab Emirates by our preferred carrier. Delivery to remote areas cannot be provided. Notwithstanding paragraph 4.4, we aim to deliver Goods to Dubai, Sharjah and Ajman addresses within 2-3 working days from dispatch (excluding weekends and public holidays). We will inform you as soon as we can if we are unable to deliver the Goods within 7 working days of your order and provide you with an alternative delivery date. In no event shall we be liable for any damages or penalty for any delay in delivery.
4.6 Please ensure on delivery that the packaging and Goods are undamaged. If they are damaged you need to notify us by e-mail within 3 days of delivery. You should keep your airway bill and packaging.
4.7 Risk in the Goods (including risk of loss and/or damage to the products) shall pass to you when the Goods are delivered to the delivery address specified in your order or when you pick up from the store. Blue Water accepts no responsibility for any damage or loss to the Goods after risk passes.
5. GIFT CARDS / E GIFT CARDS
5.1 All physical and/or electronic gift cards issued for AY 2020-21 will be valid until 30th April 2021. You’re being advised to redeem the gift card on/before the abovementioned expiry date.
5.2 Gift cards are non-refundable and cannot be exchanged for cash in part or full and are valid for a single transaction only.
5.3 Gift cards may only be used as a method of payment for goods/purchases in the specified Blue Water uniform store in the UAE and in the local currency in which they are denominated.
5.4 On redemption, if the total value of benefits and/or discount is not redeemed in full, then such unredeemed portion of the gift card benefits and/or discount, if any, will be treated as consumed with immediate effect.
5.5 The terms and conditions of these Gift Card shall be amended from time to time at the sole discretion of Blue Water and shall be binding on the customer.
5.6. Blue Water does not accept any responsibility or liability for lost, damaged, stolen or any unauthorized use of these Gift Cards.
5.7 Acceptance of these Gift Cards constitutes acceptance of all of these terms and conditions, changes to which may be effected and published at any time.
5.8 Value of discount and/or benefits available on a Gift Card is not transferable to another Gift Card or a customer under any circumstances.
5.9 Gift Card is not a credit, debit or charge card. No implied warranties attach to it.
5.10 Blue Water reserves the right to require additional verification of your identity, gift card ownership before you are able to apply a gift card to your purchase.
DAMAGED OR INCORRECTLY SUPPLIED PRODUCTS
6. RETURNS, EXCHANGES AND REFUNDS POLICY
6.1 Unless the Goods are proven to be defective, incorrect or damaged on delivery, there would be no return or exchange accepted. Blue Water reserves the sole right to make the final decision with regards to return and exchange without any obligation to its customer in any form whatsoever to be held answerable for such decision.
6.2 If the Goods are defective, incorrect or damaged on delivery, please notify us by e-mail as soon as you become aware of any problem and within 3 calendar days of delivery.
6.3 We ask that you allow us to (at your option) repair or replace for the price paid for any Goods which are found to be defective, incorrect or damaged on delivery.
6.4 If you opt to repair or replace the Goods, please provide a contact telephone number for us to liaise and have our preferred carrier pick up the Goods from your address. If any additional payment is then required for the product you are replacing, then we will telephone you to arrange this. Replacement Goods will not be dispatched until payment has been received, if required.
7. COMPLAINTS PROCEDURE
In the event that we fail in meeting our high standards of customer service, please do not hesitate to contact us on the details mentioned on the contact us page of our Website. We will do our very best to deal with your complaint as soon as possible and make every effort to reach a satisfactory conclusion on your behalf in order to retain your valued custom.
8. LIMITATION OF LIABILITY
8.1 In respect of any cause of action (including an action for negligence) arising out of or in connection with any purchase made from the Website, our entire liability shall be limited, to the extent that the cause of action relates to the items purchased on our Website to (at your option):
8.1.1 repairing or supplying the Goods again; and
8.2 Our aggregate liability in respect of all causes of action arising out of or in connection with the Goods purchased on our Website or in connection with your use of the Website (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all), including for the loss or damage to Goods whilst in transit, will not exceed an amount equal to the value of the Goods delivered to you under these Terms and Conditions.
8.3 We shall not be liable (whether in contract, tort (including negligence) or otherwise) for any claim arising under or in connection with Goods purchased from the Website or your use of the Website unless you give us written notice of the claim within one month of becoming aware of the circumstances giving rise to the claim or, if earlier, one month from the time you ought reasonably to have become aware of such circumstances.
8.4 You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions.
8.5 The indemnities provided herein shall survive the termination of this Agreement.
9. NATURE OF WEBSITE
9.1 The information, service and products on this Website are intended for use by residents of the UAE only, and are not aimed at or intended for use by residents of any other jurisdiction.
9.2 The contents of this Website do not purport to provide any financial, investment or professional advice and nothing on the pages of this Website shall be deemed to constitute the provision of financial, investment or other professional advice in any way.
10. LAW AND JURISDICTION
10.1 These Terms and Conditions will be governed by and construed in accordance with the laws of the Emirate of Dubai and the Federal Laws of the United Arab Emirates as applied in the Emirate of Dubai. Disputes arising in relation to this Website shall be shall be referred to and settled by arbitration in accordance with the provisions set forth under the Dubai International Arbitration Centre Rules (“Rules”) by three arbitrators appointed in compliance with the Rules, and as detailed below:
- the seat of the arbitration shall be Dubai and arbitration hearings shall take place in Dubai;
- the arbitration proceedings and award shall be conducted and documented in the English language;
- the arbitral award shall address the costs and expenses of arbitration and all matters related thereto, including, the allocation of such costs and expenses between the disputing parties;
- the award of the arbitrators shall be final and binding upon the disputing parties ;
- the disputing parties submit to the non-exclusive jurisdiction of the courts of the UAE for the purposes of ratifying any award made pursuant to arbitration proceedings conducted in accordance with this clause and/or may enforce the award through the New York Convention in any jurisdiction which is a signatory to that convention, or through such other convention or treaty allowing enforcement of awards and/or judgments in foreign jurisdictions;
- the disputing parties will not challenge any arbitral award made pursuant to arbitration proceedings conducted in accordance with this clause and
- the disputing parties will not object to or challenge any application to enforce, any arbitral award made pursuant to arbitration proceedings conducted in accordance with this clause in any court and will submit to the jurisdiction of that court for the purposes of those enforcement proceedings.
11. ASSIGNMENT AND THIRD PARTY RIGHTS
You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party without prior written approval from Blue Water.
We may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our sole discretion.
Only you and we shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.
No relaxation or delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
13. ENTIRE AGREEMENT
These Terms and Conditions represent the entire understanding relating to the use of the Website and supersede all other statements, representations or warranties (whether written, made by email or oral) made by Blue Water. Any rights not expressly granted in these Terms and Conditions are reserved by Blue Water.
If any provision of these Terms and Conditions are found to be illegal, invalid or unenforceable by any arbitral award, it will be severed from the rest of these Terms and Conditions, which shall remain in full force and effect.
15. FORCE MAJEURE
We shall not be liable to you for any delay in, or failure of, performance of our obligations under these Terms and Conditions arising from any cause beyond our reasonable control including but not limited to any of the following: war, other hostilities, terrorist activity, riot, civil disorder, industrial disputes, blockades, strikes, freight embargoes, natural catastrophe, epidemic, pandemic, quarantine restrictions, fire, explosion, unusually severe weather, flood, earthquake, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and act of God or any public enemy, or acts mandated by any applicable law, regulation or order (whether valid or invalid) of any government body.
17. BLUE WATER OFFERS AND PROMOTIONS
Blue Water reserves the right to remove any promotion or offer without prior notice.
18. Blue Water would like to send you information about products and service of ours that we think you might like.
If you have agreed to receive marketing, you may always opt out at a later date.
You have the right at any time to stop Blue Water from contacting you for marketing purposes.
H. Ownership of Rights
All Website design, text, graphics and the selection and arrangement of them are either Copyright of Blue Water, or its third party licensors. All rights, save as expressly granted, are reserved.
20.1 This Website contains registered and unregistered trademarks belonging to Blue Water and its other group companies including without limitation the unregistered trademarks include graphics, logos, words, phrases and icons contained on this Website. No rights are granted in respect of any of the above trademarks. If you are in doubt whether an item is a trademark of Blue Water or its other group companies, please contact us for clarification at the details mentioned on the contact us page of our Website.
20.2 All other product names, company names, marks, logos and symbols referenced in the Website may be the trademarks of third parties.
21. PROHIBITION OF USE OF WEBSITE CONTENT
Please do not use the Website in any way that may infringe the intellectual property rights contained in the Website. This means that you may not copy, edit, adapt, link to, deep-link into, reproduce, communicate to the public, crawl, frame, publish, republish, upload, post, repost, reutilise, distribute, redistribute, transmit, retransmit, broadcast, extract, alter or store all or any of the contents of the Website including but not limited to any trademarks or copyrighted material as referred to in paragraphs 20 and 21 above without Blue Water’s, or the relevant third party’s, express permission (although you may download and print out pages from the Website for the sole purpose of viewing for your own personal information). You may not use the content of the Website for any commercial purposes whatsoever.