Terms & Conditions
GENERAL TERMS AND CONDITIONS
- Scope
1.1 These general terms and conditions (the "GTC") govern the contracts of sales entered into between Mizzen General Trading LLC, a limited liability company incorporated under the laws of the United Arab Emirates with commercial license number 787513 and registered office at P.O. Box 2123, and its customers (the "Customer" or "you") purchasing On products (the "Products") sold via the web shop “www.on.ae”(the "Site") operated by Mizzen General Trading LLC or sold by any other affiliated entity (collectively referred to as “Mizzen”).
1.2 All intellectual property rights, including trademarks, designs, copyrights, and patents in connection with the Products are owned by On AG, Zurich, Switzerland ("On AG"). Further information about On AG can be found on the Site in the Company information section of the FAQs (https://www.on.ae/pages/faq).
- Conclusion of Contract
2.1 The presentation of the Products and the indications of prices on the Site do not constitute legally binding offers but are non-binding invitations to place an order.
2.2 By clicking "Place Order", the Customer is placing a binding offer to purchase the Products listed in his/her shopping cart (the "Order"). All Orders are subject to acceptance by Mizzen.
2.3 Mizzen issues a written acceptance confirmation of Orders (the “Purchase Confirmation”). The formation of a contract of sale between Mizzen and the Customer (the "Contract") will take place upon the Customer's receipt of the Purchase Confirmation. The Purchase Confirmation shall determine the relevant subject matter and extent of the Contract, also where the Customer paid the Products in advance.
2.4 Mizzen shall have the right to refuse an Order as well as to cancel or not to carry out confirmed Orders at any time without providing any reasons and with no liability to Customer or any third party. If Customer has already paid for such Products, Mizzen will refund Customer the full amount (excluding, where applicable, the original delivery charges) without any interests and will not incur further liability to Customer.
2.5 If Mizzen does not accept an Order within ten (10) business days as set forth in Section 2.3, the Order is deemed to have been refused.
2.6 Cancellations of an Order required by the Customer are only valid if confirmed by Mizzen in writing. Costs already incurred by Mizzen may be charged to the Customer.
- Price and terms of payment
3.1 Prices payable by Customer are those in the indicated currency and in effect at the time of acceptance of the Order by Mizzen as set forth in Section 2.3.
3.2 Prices indicated on the Site include value added tax but exclude shipping costs (where applicable) and import duties (where applicable). Further information regarding the shipping can be found on the Site in the shipping, tracking and delivery section of the FAQs (https://www.on.ae/pages/faq).
3.3 Mizzen reserves the right to change, limit or terminate any special offers or discounts at any time.
3.4 Payments can be made by debit card, credit card, or Apple Pay. Interest free installments are available via Tabby and Tamara. Further information on the methods of payment accepted by Mizzen can be found on the Site in the Payment, refunds section of the FAQs (https://www.on.ae/pages/faq).
3.5 Mizzen will charge credit or debit cards upon shipment of the Products ordered. Mizzen reserves the right to verify credit or debit card payments prior to acceptance.
3.6 In case of default in payment, Mizzen shall be entitled to suspend all, or parts of, further deliveries to the Customer without further notice until payment has been received or secured.
3.7 Mizzen shall use all reasonable methods to resolve disputes with the Customer. Should a chargeback dispute occur, the Customer shall promptly comply with all requests for information from Mizzen.
- Delivery
4.1 Delivery methods and expected delivery time of Products are indicated on the Site in the Shipping, tracking and delivery section of the FAQs (https://www.on.ae/pages/faq).
4.2 Unless explicitly stipulated in writing by Mizzen, the delivery dates indicated by Mizzen shall only be non-binding estimates, made to the best of Mizzen's knowledge.
4.3 Mizzen shall be entitled to partial deliveries, and the Customer hereby accepts partial deliveries.
4.4 No warranty is being given for all technical data and information regarding the delivery. Mizzen shall not be liable for any damage which might arise because of deviations thereof.
4.5 Should the Customer notice that at delivery the ordered Products have been damaged during transport, the Customer shall immediately notify the employee of the carrier delivering the Order and contact Mizzen’s Customer service via WhatsApp on +971 503 443 730 or via email at happinessdelivery@on.ae.mailto:support@on-running.com
4.6 It is the Customer’s duty to ensure that the Customer is available to receive the Order delivery. Mizzen will attempt delivery up to 3 times within 72 hours after the Order is ready to be delivered. If the Customer does not receive the Order after 3 attempts, the Order will be cancelled and the Customer will be automatically refunded (excluding, where applicable, the original delivery charges).
- Risk and retention of title
5.1 Unless agreed otherwise by the Parties, the risk of loss or damage to the Products will pass to the Customer upon formation of the contract between Mizzen and the Customer.
5.2 All Products will remain the property of Mizzen until the Customer has paid all amounts owed to Mizzen in full under any Contract, including any costs. On may register its title in the respective title retention register, if any. Customer may not sell, dispose, or encumber any Products before full title has passed to Customer.
- Returns
6.1 The Customer may cancel a Contract and return any delivered Product to Mizzen for any reason, provided that Customer notifies Mizzen in writing within fourteen (14) calendar days of the delivery date.
6.2 To notify Mizzen about such return request and initiate the return process, the Customer must follow the process as described on the Site in the Returns section of the FAQs (https://www.on.ae/pages/faq).
6.3 The Products must be returned to Mizzen in their original condition, meaning unused, undamaged, clean and in the original packaging.
6.4 Once the Customer has notified Mizzen about its intention to cancel the Contract and return the Products in accordance with the Sections 6.1 to 6.3 above, any sum debited by Mizzen (excluding, where applicable, the original delivery charges) will be refunded within thirty (30) calendar days of the receipt of the returned Product at Mizzen's warehouse.
- Limited Warranty
7.1. For defects resulting from production or material errors, Mizzen shall provide the customer with a replacement product free of charge. All further warranty or guarantee claims are hereby expressly excluded. The customer’s obligation to inspect the wares and declare any defects, along with the warranty period, are based on statutory regulations. Product information (descriptions, videos, images etc.) does not constitute any guarantee of certain properties. The transfer of warranty claims is excluded.
7.2 To exercise a warranty claim, the Customer must email us at happinessdelivery@on.ae. All claims will be assessed on a case by case basis. All On products have a lifespan depending on the model, the materials used and the individual use of the product. The warranty does not extend to defects due to the wrong fit, normal wear and tear, exceeding the product’s lifespan or damage caused by improper, incorrect or negligent use or changes to the product. Furthermore, the warranty does not extend to defects in products not ordered from the Mizzen website.
- Limitation of Liability
8.1 Mizzen shall only be liable for direct damages and only if the Customer proves that Mizzen, its auxiliaries, or any third parties instructed by Mizzen, have acted with gross negligence or with unlawful intent. In any event, Mizzen's liability shall be limited to the purchase prices of the relevant Product under the Contract.
8.2 Any further liabilities of Mizzen, its auxiliaries, or any third parties instructed by Mizzen, for damages of any kind, in particular for loss of production, loss of use, loss of orders, loss of profits, or any other indirect or consequential damages, are hereby explicitly excluded.
- Data Protection
9.1 Mizzen complies with the applicable data protection laws and will use personal data of On’s Customer only as set out in its Privacy Policy (https://www.on.ae/pages/privacy-policy).
- Miscellaneous
10.1 The Contract language is English and the English version shall prevail. Contract documents in a language other than English are provided for informational purposes only.
10.2 Our Commercial License number is 787513 and our registered address is Sheikh Zayed Road, P.O. Box 2123, Dubai, United Arab Emirates.
10.3 Mizzen may transfer, assign, or sub-contract all or any rights and obligations under these GTC and any Contract. Customer may not sub-contract, assign or otherwise transfer any of its rights or obligations under these GTC or any Contract without the written consent of Mizzen.
10.4 Failure by Mizzen to enforce at any time any of the provisions of these GTC shall not in any way be construed as a waiver of such provision, nor in any way affect the validity of the GTC or any right thereunder.
10.5 Mizzen shall not be liable for its failure or delay in performing its obligations under these GTC in and to the extent that such failure or delay is due to reasons beyond its control (including without limitation floods, storms, fires, earthquakes, pandemics, war, terrorism, governmental restrictions, strikes).
10.6 If any provision of these GTC are found to be invalid, illegal, or unenforceable the remaining provisions shall not in any way be affected or impaired thereby. Mizzen and the Customer shall agree a replacement provision, which is as close as is legally permissible to the provision found invalid, illegal, or unenforceable, and which achieves as closely as possible the effects of the original provision.
10.7 Customer waives the right to offset any claims against Mizzen.
10.8 Mizzen reserves the right to modify these GTC from time to time. The GTC in force at the time the Customer places its Order shall apply.
- Applicable Law and jurisdiction
11.1 Contractual relations covered by these GTC between Mizzen and the Customer shall be governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai. All conflicts and disputes arising, directly or indirectly, under or in connection with the contractual relationship between Mizzen and the Customer shall be submitted to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.
11.3 Any statutory rights which the Customer may have, and which cannot be excluded or limited, will not be affected by these GTCs.
TERMS OF USE
Updated September 2024
- These terms of use (as amended from time to time, the "Terms") together with any supplemental rules and regulations, such as the Privacy Policy and the Terms and Conditions, govern your access to and use of the services available on the website (the "Website") operated by Mizzen, with its registered office in Dubai, United Arab Emirates (Commercial License number 787513; or "we"). Your access to and use of our services is subject to your acceptance of and compliance with these Terms. By accessing the Website or using our services you agree to accept and be bound by the Terms. In case you do not agree to any part of the Terms, you are not authorised to continue using the Website or related services.
- The form, nature and functionalities of the Website may change from time to time without prior notice to you. Also, we may discontinue temporarily or permanently operating the Website or any features within the Website towards you or towards users generally at any time and may not be able to provide you with prior notice.
- We reserve the right at all times (but we will not have an obligation) to remove or refuse to compile any information or personal data and to suspend or terminate users and close their user accounts. If and to the extent we deem it necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigations of a potential violation thereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, or (iv) protect the rights, property or safety of Mizzen, its users or the public, we reserve the right to access, read, preserve and disclose any related information or personal data. Accounts that are inactive for more than [twelve months] may be removed without prior notice. You acknowledge that these Terms remain in effect even after your account is terminated or you have stopped using the Website.
- You are responsible for safeguarding the password you use to access your account and for any actions taken by using your password. Mizzen requires you to use 'strong' passwords (e.g. passwords combining upper and lower case letters, numbers and symbols). Any liability for any damage arising from your failure to comply with these requirements is excluded. In case you forget your password, please use the reset your password feature on the login screen.
- There are limitations on the use of the Website. These limitations comply with legal requirements and aim to protect our users from abuse and to make the use of the Website the best possible experience for all users. We may need to change these rules from time to time and reserve the right to do so. No abuse of our Website will be tolerated. Any violation of these rules may lead to a temporary or permanent suspension or deletion of your account.
- Unlawful Use: You shall not use the Website or any information or personal data provided for any unlawful purposes or in furtherance of any illegal activities. International users are required to comply with all applicable local laws regarding online conduct and acceptable content.
- Unauthorized Access: You shall not do any of the following while accessing or using the Website: (i) access, tamper with or use non-public areas of the Website (except for your own account) on computer systems or the technical delivery systems of our providers; (ii) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) attempt to access or search the Website or any information or personal data by any means (automated or otherwise) other than through our currently available, published interfaces; or (iv) interfere with or disrupt, or attempt to do so, the access of any user, host or network.
- No Reproduction: You shall not reproduce, duplicate, copy, sell, trade or resell the Website content or its design and look or any information derived from the Website. You are not entitled to modify or redistribute the Website content or its design and look or any information or to reproduce, store, link, frame or deep-link it on any other Website or in any other medium or format without our prior express consent. Further, you shall not use the Website for commercial exploitation in any circumstances.
- No Malicious Software and Content: You shall not provide any malicious content intended to damage or disrupt another user's browser or computer or to compromise any user's privacy.
- Respect for Privacy of Third Parties: You shall not disclose other people's personal data without their prior expressed consent.
- All copyright, trademark, design, database right, patent and other intellectual property right, title and interest in and to the Website will remain the exclusive property of On AG, Mizzen, and their respective licensors, as applicable. The elements of the Website, including without limitation the general design and the imagery are protected by copyright, trademark, design, database right, patent and other laws relating to intellectual property rights of Switzerland, the United Arab Emirates and/or foreign countries. Without our prior written consent, nothing in these Terms gives you a right to use On AG's name, Mizzen’s name, or any of On AG's or Mizzen’s trademarks, logos, domain names or other distinctive brand features. You are not entitled to use the content of the Website for commercial exploitation in any circumstances. In case you breach the terms of this provision, On AG and/or Mizzen will have the right to claim damages against you which shall include, without limitation, the right to claim direct, indirect or consequential damages and loss of profits.
- While we endeavour to ensure the accuracy of the information or personal data provided via this website, to the maximum extent permissible under applicable laws, neither On AG, Mizzen, nor any of their directors, officers, employees, agents, partners, affiliates and licensors may be held responsible for any acts or omissions related to, or errors in, the information or personal data that you provide on this website or for any loss or damages which may subsequently arise.
- Any information or personal data transmitted via the Website will pass over public telecommunications networks. While Mizzen undertakes reasonable best efforts to protect the operation of the Website and any transmission of information or personal data, Mizzen does not give any representation, warranty or undertaking that the operation of the Website or any transmission of information or personal data will be secure, uninterrupted or error free.
- The Website may contain links to third-party apps, websites, social media platforms, materials or other products and services supplied by or contained on any third-party app, website or social media platform, which are linked from or to the Website ("Third Parties"). Even though you may be able to connect to such Third Parties from the Website, these Third Parties are subject to separate terms of use and privacy policies. Mizzen does not accept any responsibility or liability for (i) the availability or accuracy of such Third Parties or (ii) the content, products or services on or available from such Third Parties. Links to such Third Parties do not imply any endorsement by Mizzen of such Third Parties or the content, products or services available from such Third Parties. You acknowledge sole responsibility for and assume all risks arising from your use of any such Third Parties.
- If you elect to receive emails from us, you are providing your consent to receive recurring marketing or promotional messages from us (an “Email”). These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Emails from us at any time by using the unsubscribe link in the Email. For help, email us at privacy@mizzen.me. We will not be liable for any delays in the receipt of, or failure to deliver, any Emails, as delivery is subject to effective transmission from your internet service provider. Data obtained from you in connection with any Email services may include your name and the date, time and content of your Emails. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use Emails, please read our Privacy Policy. If you change the email you provided, you have an affirmative obligation to update your account information and the email(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any email(s) previously attributed to you, and any email(s) you attach to your account may receive our standard marketing Emails unless you also unsubscribe via the above procedures.
- Mizzen provides the content and functionalities of the Website and any information in good faith, but your access to and use of the Website is at your own risk. Mizzen operates the Website on an 'as is' and 'as available' basis without representation or warranty of any kind, whether express or implied, including without limitation of merchantability, fitness for a particular purpose, availability on an uninterrupted, secure or error-free basis or non-infringement of any copyrights, trademarks, designs, database rights, patents or other intellectual property rights in the jurisdiction in which you access and/or use the Website. Mizzen gives no representation, warranty or undertaking for information or advice, whether oral or written, obtained from Mizzen or the Website, for the completeness, accuracy, timeliness, security or reliability of the Website, or that the information provided is of satisfactory quality, up-to-date or free from viruses, trojans or other harmful or malicious programs. Mizzen will not be responsible or liable for any harm to your computer system, loss of data or other harm resulting from your access to or use of the Website or for the deletion of, or the failure to store or to transmit, any data or information and other communications.
- Mizzen and its directors, officers, employees, agents, partners, affiliates and licensors shall in no way be responsible for any decisions you may make based on the use of the Website or consequences of such decisions, even if communicated through the Website or the use of other Mizzen services, or the information or personal data provided and shall, to the maximum extent permissible under applicable laws, not be liable for any losses or damages, whether direct, indirect, incidental, special, consequential or punitive, including without limitation loss of profits, data, use, goodwill or other intangible losses, resulting from (i) your access to or use of, or inability to access or use, the Website, (ii) the use of any information, and (iii) any unauthorized access, use or alteration of your transmissions of information or personal data, in each case however they may arise and whether based on contract, tort or any other legal basis, whether or not foreseeable and irrespective of whether Mizzen has been informed in advance about the possibility of such damage. To the maximum extent permissible under applicable laws, you hereby waive any claim you may have or acquire against Mizzen or any of its directors, officers, employees, agents, partners, affiliates and licensors, and will indemnify and hold Mizzen and any of its directors, officers, employees, agents, partners, affiliates and licensors harmless from any claims, proceedings, costs, damages and losses arising out of or in connection with your use of the Website or the information or personal data provided.
- The failure of Mizzen to enforce any rights or provisions of these Terms shall not be deemed to be a waiver of such rights or provisions.
- These Terms, together with any supplemental rules and regulations, such as the Privacy Policy and the Terms and Conditions, constitute the entire and exclusive agreement between Mizzen and you regarding the use of the Website, and shall supersede and replace any prior agreements between Mizzen and you regarding the use of the Website. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.
- You are only allowed to access the Website if you are entitled to enter into a binding contract with Mizzen and are not a person barred from accessing the Website according to applicable law. You undertake to access the Website solely in compliance with these Terms and all applicable rules and regulations. The Website is not directed to any person to whom (by reason of such person's nationality, residence or otherwise) the publication or availability of the Website is prohibited. Persons to whom such restrictions apply must not access the Website. If you choose to access the Website you are solely responsible for compliance with any applicable laws.
- These Terms and the use of the Website shall in all respects be governed by substantive United Arab Emirates law. Any dispute arising out of or in connection with these Terms and/or the use of the Website shall be subject to the exclusive jurisdiction of the ordinary courts in Dubai, United Arab Emirates, and you consent to such jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
- We may revise these Terms from time to time. The most current version will be available on our Website (https://www.on.ae). Revised Terms shall become effective from the date of publication on the Website. By continuing to access the Website after those revisions become effective, you agree to and accept to be bound by the revised Terms.