1. Acceptance of Terms
By continuing to access the Website or purchasing any products through our online store, you represent that you have read these Terms and agree to be bound by them.
IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE WEBSITE AND/OR ORDER ANY PRODUCTS THROUGH OUR WEBSITE.
Unless expressly stated otherwise, the following terms shall have the meaning as defined hereunder:
“Product(s)” - refers to any item offered for sale through the online store.
“Customer(s)” - refers to Users who place an order through the online store.
“User(s)” - refers to all registered as well as unregistered Website visitors/users and includes any reference to Customers.
Unless expressly stated otherwise, only natural persons over the age of eighteen (18) years are eligible to create an account and order products through our online store. You may not create an account on behalf of another individual.
By accessing the Website, you represent to the Company that you have the requisite capacity and authority to enter into a legally binding agreement with the Company.
The Company reserves the right to add, modify, or withdraw any Products or content available on the Website at any time and without giving any prior notice to you. The Company also reserves the right to update these Terms at any time at our sole discretion. Where we make any changes to these Terms, we will update the last modified date on the top of this web page. By continuing to use the Website after the updated terms are posted on the Website, you agree to be bound by such updated Terms.
5. Account Registration and Safety
You do not have to create a user account on our Website to browse through the content or purchase any Products. However, if you choose to create a user account, you will be able to make use of features and functionality that is not available to other users such as the ability to view your order and transaction history, storing your billing address and shipping information for easier purchasing process in the future.
In the event of any material change in your account details, please amend your details immediately by logging into your user account on the Website or alternatively contacting us at Support@genejack.com.
All user accounts are offered at the Company’s sole discretion, and we may refuse registration of a user account without providing any reason for our decision. As an account holder, it is solely your responsibility to protect your username and password.
You accept that all activity under your account is solely your responsibility, whether or not you have authorized it and you will take all necessary steps for maintaining the confidentiality of your username and password. If you become aware of any security breach, please immediately notify us. We disclaim any and all responsibility for any unauthorized access to your account.
6. Placing your order
You can easily select the product(s) that you wish to purchase and add them to your shopping cart. You can review all the product(s) in your shopping cart before proceeding to the checkout page as well as view the full purchase price, including any applicable taxes and shipping fees before you authorize the payment. Please carefully review your order before authorizing the payment to ensure that you are ordering the correct product(s), sizes and quantities.
You understand and agree that by submitting your order on the Website, you are making an offer to purchase those products, once your order is accepted by the Company, it will result in a binding sale agreement between you and the Company. When we accept your order, we will send you a confirmation email. Please note that we will not process your order before sending you a confirmation email.
Please note - We do not have any legal obligation to accept any order, and we may decline to accept an order at our sole discretion for any reason, including but not limited to: the product being unavailable; if there were any errors in pricing on our website at the time you place your order; if our shipping service provider does not service your address.
The Company uses third-party shipping service providers for all product deliveries. The delivery of products available through our online store is subject to availability. If for any reason we are unable to fulfil your order, we will notify you at the email address provided by you when placing your order.
All confirmed orders are delivered to the shipping address provided by the Customer at the time the order was submitted. Please note, if you order multiple products in a single transaction, all orders will be shipped to one shipping address.
The title and the risk in the Products pass to Customer upon acceptance of delivery. All orders are delivered by our selected shipping service provider and will be delivered to you within the estimated delivery time frame. Please note that all orders are dispatched from the UAE. All delivery timeframes are estimates only as provided by our shipping service provider. The Company does not offer any guarantees or assume any liability for any delay in delivery of products.
Unsecure Shipping Address
You are advised to provide us with a secure shipping address where you or a person authorized by you can accept the delivery of the product. We will not be responsible for the product being lost or stolen after our shipping carrier’s tracking reflects that the product was delivered to you. In such circumstances, your sole remedy is to open a case with the shipping company to try and locate the product.
8. Prices and Payments Policy
All product prices on our Website are listed in AED and may be converted into your local currency for your convenience. Before you confirm your order, you will be shown the full purchase price, including all applicable taxes and shipping fees for your shipping address.
You are required to authorize the full purchase price at the time you place your order. We use a payment gateway on our online store that enables our customers to make payments using any of the available payment options easily.
We may in our sole discretion and without giving any prior notice to you change our product prices on the Website. We assure you that any change in product prices will not impact any confirmed orders. Although we take all reasonable care to ensure the product price as listed on the Website are correct, we cannot offer any guarantees as to the accuracy of this information. If we discover that any product price published on our Website was incorrect at the time you ordered the product, we will contact you and offer you an opportunity to place your order at the correct price.
9. Returns, Exchanges and Cancellations
9.1- Non-Returnable/Refundable Items
We regret we cannot accept returns or process refunds for the following:
- Underwear, socks and swimming suits/pants, for hygiene reasons.
- Items that do not meet the Return Conditions outlined in 9.2.
- Final Sale, Clearance and Garage Sale items
- Cash-on-delivery orders are not eligible for refunds, a store credit of equal value will be provided instead.
- Original delivery charges, cash-handling fees and customs or tax payments that might apply at destination country.
- Free gifts or promotional items.
9.2- Return Conditions
In order to qualify for a refund, all items (including promotional gift items accompanying the Order) must be returned within 30 days of the purchase date with the following conditions:
- Items must be in their original packaging and with all brand and product labels/tags/instructions still attached. Please take care to preserve the condition of any product packaging. Our representatives may ask to inspect returned items at the point of collection (where applicable) but that initial inspection does not constitute a guarantee of your eligibility for a full refund.
- Items must be unworn, unwashed and unused.
9.3- Order cancellation
In situations where you place an order and for any reason decide to cancel it before it is delivered to you, please write immediately to firstname.lastname@example.org with the order details. If the order was not out for delivery already, we will cancel the order and refund the amount in full. If the order was already dispatched with the courier, then please follow the return process.
Unfortunately, we currently don't offer exchanges. Please follow the return process and make a new order for the desired item.
9.5- Damaged Goods and Incorrectly Fulfilled Orders
Although we take great care to avoid errors in order processing, mistakes are possible which is why, in the unlikely event that we delivered an incorrect product to you or the product you received contained a manufacturing defect at the time of delivery, we will gladly replace it for you.
If you receive an item that is damaged or not the product you ordered, please email us at Support@genejack.com and one of our representatives will contact you to arrange for the exchange. The item must be returned in the same condition you received it in within 30 days of purchase date to qualify for a full refund. Where applicable, the refund will include the original Order delivery charges, cash-handling fees, taxes and any duties. Replacements may be available depending on stock.
9.6- Gifted Items
Items in gift orders can only be returned with a refund given to the purchaser of the gift.
We reserve the right to monitor returns and to refuse Orders from customers with unreasonable excessive returns levels.
10. Refunds Policy
Refunds will only be processed after completing the Return Process and the items returned have been approved. After approval, we will issue a refund of the full value of undamaged items duly returned (excluding, where applicable, the original delivery charges and cash-handling fees).
All refunds will be processed within 14 days of receipt of the returned product by Us. Please note that refunds should reach your account within three weeks from the date we process your refund. You will be solely responsible for payment of any bank charges that you incur in reversing the transaction.
Your refund will be processed via the following methods:
- Credit Card payments are refunded back to the card used in the purchase.
- Cash on Delivery payments are refunded as store credit.
- PayPal payments are refunded to your PayPal account.
11. International Duties and Taxes
Importing products from other countries can attract import duties and taxes in the destination country. Our product prices as listed on the website and shipping costs displayed at the time you place your order do not include such import duties and taxes. All international duties and taxes are borne by the Customer, and the Company will not be liable for such additional charges.
12. Promotion Codes
The Company may, in its sole discretion, create and offer promotional codes that can only be used towards purchasing products offered by the Company through the Website. Please note that additional terms and conditions may apply to the use of promotional codes and by using a promotional code, you agree to be bound by those additional terms and conditions. Promotional codes may expire upon the date specified in the promotion and may not be redeemed for cash or transferred to another person.
13. Information Disclaimer
ALL INFORMATION AND CONTENT ON OUR WEBSITE, INCLUDING BUT NOT LIMITED TO, AUDIOS, VIDEOS, BLOGS, POSTS, COMMENTS AND ARTICLES ARE MADE AVAILABLE FOR YOUR GENERAL INFORMATION PURPOSES ONLY. ALTHOUGH WE TAKE ALL REASONABLE MEASURES TO CONFIRM THAT ALL INFORMATION ON OUR WEBSITE IS ACCURATE AND UP TO DATE, WE ARE UNABLE TO OFFER ANY GUARANTEES AS TO THE ACCURACY OF ANY INFORMATION.
THE WEBSITE CONTAINS A VAST AMOUNT OF CONTENT AND ERRORS ARE INEVITABLE. THE COMPANY WILL NOT BE HELD LIABLE FOR ANY ERROR, OMISSION OR INACCURACY IN ANY INFORMATION ON THE WEBSITE. THE COMPANY RESERVES THE RIGHT TO MODIFY ANY INFORMATION ON THE WEBSITE, AT ANY TIME, WITHOUT PRIOR NOTICE TO USERS; HOWEVER, THE COMPANY IS NOT UNDER ANY LEGAL OBLIGATION TO DO SO. THE COMPANY WILL NOT BE HELD LIABLE FOR ANY ERROR, OMISSION, OUTDATED OR INACCURATE INFORMATION ON THE WEBSITE. IF YOU IDENTIFY ANY ERRORS, OMISSIONS OR INACCURACIES IN ANY INFORMATION ON THE WEBSITE, PLEASE NOTIFY US THROUGH THE CONTACT FORM ON OUR WEBSITE AND PROVIDE US WITH THE LINK TO THE PAGE WHERE YOU FOUND THE ERROR, INACCURACY OR OMISSION.
FROM TIME TO TIME WE MAY HAVE GUEST CONTRIBUTORS ON OUR WEBSITE. WE DO NOT UNDERTAKE ANY ADDITIONAL RESEARCH TO VERIFY THE ACCURACY OF ANY CONTENT CONTRIBUTED BY OUR GUEST CONTRIBUTORS AND WE CANNOT GUARANTEE THE ACCURACY, LEGALITY OR RELIABILITY OF SUCH CONTENT, AND WE HEREBY DISCLAIM ANY RESPONSIBILITY FOR ANY LOSS, DAMAGE OR CLAIM ARISING FROM YOUR RELIANCE UPON ANY CONTENT AVAILABLE / FOUND ON OUR WEBSITE. ALL MOTIVATIONAL VIDEOS, EXERCISE TUTORIALS, AND OTHER SIMILAR CONTENT ON OUR WEBSITE ARE THE PERSONAL OPINION OF THE PERSON WHO CREATED THAT CONTENT AND NOT THE OPINION OF THE COMPANY.
ALL INFORMATION IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY NATURE, EITHER EXPRESS OR IMPLIED, INCLUDING STATUTORY WARRANTIES. ACCORDINGLY, ANY DECISION YOU TAKE BASED ON ANY INFORMATION / CONTENT YOU RECEIVE THROUGH THE WEBSITE IS SOLELY AT YOUR OWN RISK.
14. Medical Disclaimer
INFORMATION MADE AVAILABLE THROUGH OUR WEBSITE IS NOT INTENDED TO PROVIDE AND DOES NOT CONSTITUTE MEDICAL ADVICE. THE WEBSITE CONTENT AND PRODUCTS OFFERED BY THE COMPANY ARE NOT INTENDED TO DIAGNOSE, TREAT, PREVENT OR CURE ANY DISEASE OR MEDICAL CONDITION OR SUBSTITUTE MEDICAL ADVICE, TREATMENT OR DIAGNOSES FROM A LICENSED MEDICAL PROFESSIONAL. YOU SHOULD ALWAYS CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL FOR ADVICE REGARDING THE DIAGNOSIS AND TREATMENT OF ANY MEDICAL CONDITION AND BEFORE YOU START ANY NEW VITAMINS, DIETARY SUPPLEMENTS, OR PHYSICAL FITNESS ROUTINE. YOU UNDERSTAND THAT YOU SHOULD NOT DELAY SEEKING MEDICAL DIAGNOSES IF YOU ARE EXPERIENCING ANY HEALTH ISSUES. YOUR DECISION TO USE THE WEBSITE AND CONTENT CONTAINED THEREIN IS AT YOUR SOLE RISK.
15. User-Generated Content
The Company may allow Users to leave product ratings and reviews, ask questions or leave comments on some of the Company Content on the Website (hereinafter referred to as “User-Generated Content”).
The Company does not claim ownership of any User-Generated Content; however, by posting your User-Generated Content on the Website you grant the Company an irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, publish, publicly display, reproduce, prepare derivative works of your User-Generated Content in any media and without any compensation to you. You understand and accept that when you send the Company your feedback, ideas and suggestions, you grant the Company, its successors and assigns, full and exclusive rights to use, disclose and otherwise exploit your ideas and suggestions, either by inclusion in our products/service or by creation of a new product, in whole or part, without any restriction or compensation to you now or ever in future.
You also represent and warrant to the Company that you have the intellectual property right and authority to post/upload your User-Generated Content on the Website and that your User-Generated Content will not violate any intellectual property, privacy or other applicable laws. You acknowledge that you are solely responsible for the legality, reliability, and copyright of your User-Generated Content and you agree that you will not upload or post any User-Generated Content on the Website that is in contravention of our Acceptable Use Policy. You further grant the Company and its authorized personnel the right to identify you as the owner of your User-Generated Content by your username, or email address where appropriate, or required by law.
You hereby grant all Website Users a non-exclusive license to access and view your User Content that is posted in public areas of the Website.
16. Intellectual Property
Except any User-Generated Content on the Website, all content available on the Website, including without limitation the text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”) are owned by and/or licensed to the Company by our licensors and subject to trademark, copyright and other intellectual property laws of the UAE and international conventions. All Company Content is provided to you for your personal and non-commercial use only. Any act of copying, selling, reproducing, republishing, modifying, distributing and creating derivative work of any Company Content without our express written consent will constitute a violation of intellectual property law.
You agree that you will not remove any copyright, trademarks and any proprietary notices from any Company Content that you do not have rights and licences to use. You understand that any use of Company Content on any other website, system or application that is not owned and operated by us is strictly prohibited.
We hereby grant you a revocable, non-exclusive, non-transferable license to use the Website as set out in this Agreement.
We reserve the right to prosecute any violations of this provision to the fullest extent permitted by law. You acknowledge that any breach of this provision can incur criminal as well as civil liability.
GeneJack is Company’s registered trademark. Any use of our proprietary trademark for any product or service that is not owned or operated by us is strictly prohibited.
The Company reserves all rights that are not expressly granted under this Agreement.
17. Copyright Disputes
We respect the intellectual property rights of others. If you believe that your copyrighted material or content is posted, uploaded or made accessible through our Website, please inform us at the email address listed below and provide us with the following information:
- Identification of the material or content that is claimed to be infringing your copyrighted works;
- Your contact information including your name, phone number, and email address;
- A statement by you setting out that you are either the owner of the copyrighted work or have been authorised by the owner to communicate with us regarding the copyright infringement;
- A statement by you that all information provided by you to us is bona fide true.
18. Account Termination
If you would like to terminate your Website user account, please send us an email at Support@genejack.com with the words “Account Termination” in the subject line. Please note that once your account is terminated, you will not be able to login to your account using your username and password and you will not be able to reactivate your account.
The Company also reserves the right to terminate any user account or suspend a user’s access to the Website if we have a reason to believe that:
- A User has violated any provisions of this Agreement;
- A User’s conduct is harmful to the Company or any other Users; or
- The Company discontinues the Website for any reason.
19. Disclaimer of Warranties; Limitation of Liability
Unless expressly stated otherwise, the Company provides the Website and all products to you on 'AS IS' and 'AS AVAILABLE' basis, without any representation or warranties of any kind, either express or implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, durability, and non-infringement.
IN NO EVENT SHALL THE COMPANY AND ITS OFFICERS SHALL BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM OR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF SAVINGS, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE WEBSITE OR PRODUCTS PROCURED USING THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCT MADE AVAILABLE BY THE COMPANY, EVEN IF THE COMPANY WAS ADVISED OF SUCH POSSIBILITY.
THE COMPANY’S TOTAL LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SUFFERED BY YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE PRODUCT WHICH GAVE RISE TO THE ISSUE.
You agree to release, defend, indemnify, and hold harmless the Company, its founders, employees, affiliates, subsidiaries against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with:
(i) the violation of these Terms by you; or
(ii) the infringement by you of any intellectual property or other rights of any person or entity.
21. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the federal laws of the United States of America. Both parties agree to submit to the exclusive jurisdiction of the courts located in the Emirate of New Jersey to resolve any claims and disputes arising out of this Agreement.
22. Contact Us
For any questions or comments, you can contact us via email at Support@genejack.com.
23. Force Majeure
Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.