Terms of Sale

TERMS AND CONDITIONS OF THE AMAZING.TN WEBSITE

(i) AMAZING.TN is an online store selling digital products to users;

(ii) offers and sales made through the Website are concluded between AMAZING.TN and the Users, AMAZING.TN also facilitating those transactions by establishing and maintaining the features of the Website and by providing Users with certain additional services intended to improve the security, speed and reliability of transactions;

(iii) these Terms and Conditions, set out on this web page, govern your use of AMAZING.TN;

(iv) by registering an account on AMAZING.TN and accessing the Website, you acknowledge and agree that your use of AMAZING.TN is governed by these Terms and Conditions and by any other rules, procedures and specific terms applicable to the products, services or facilities offered, as determined or amended by AMAZING.TN at any time and at its sole discretion.

1. DEFINITIONS

In these Terms and Conditions, the following words and expressions have the meanings set out below, unless the context requires otherwise:

1.2 Account: means your duly registered account with AMAZING.TN, enabling you to use the Services available on the Website;

1.3 User: means a person who uses the Website and/or purchases items on AMAZING.TN;

1.4 Parties: means AMAZING.TN and the User collectively, and “Party” means either of them;

1.5 Website: means the group of web pages made available on the Internet at the address AMAZING.TN;

1.6 Service: means the services provided by AMAZING.TN, including, without limitation, the resale and retail sale of digital goods and content;

1.7 Terms and Conditions: means these terms and conditions, including their annexes, comprising the set of rules governing the use of the Website and the rights and obligations of Users and of AMAZING.TN;

1.8 Privacy Policy: means the set of rules governing the processing of personal data and the privacy protection policies applied to Users by AMAZING.TN.

2. APPLICABILITY AND ACCEPTANCE OF THE TERMS AND CONDITIONS

2.1 The User hereby accepts these Terms and Conditions and the Privacy Policy in full and without reservation.

2.2 Users who are unable to enter into a legally binding agreement with AMAZING.TN, and those who are prohibited from using the Services because of regional restrictions — including the User’s current country or region of residence and the place where the Services are used — are hereby asked not to use the Website.

2.3 AMAZING.TN reserves the right to make changes and amendments to these Terms and Conditions, including the right to introduce new provisions and remove existing ones. This may be done unilaterally, at its own discretion and at any time, by publishing the amended Terms and Conditions on the Website. It is therefore the User’s responsibility to check regularly whether the Terms and Conditions have been amended. By continuing to use this Website and these Services, you indicate that you agree to be bound by any changes that may affect you. Unless expressly stated otherwise, amended Terms and Conditions take effect automatically upon publication on the Website.

2.4 Should the Terms and Conditions be translated into another language and an inconsistency arise between the French version and such a translation, the French version prevails, unless otherwise provided or unless the apparent inconsistency arises from a difference in the legal requirements of a specific country.

2.5 When using the Services or sending e-mails to AMAZING.TN, the User communicates with AMAZING.TN electronically. AMAZING.TN communicates with Users by e-mail or by publishing notices on the Website. For contractual purposes, the User consents to receiving communications electronically and agrees that all agreements, notices, disclosures and other communications provided by AMAZING.TN electronically satisfy any legal requirement that such communication be in writing, unless applicable mandatory law specifically requires a different form of communication.

3. USER ACCOUNT

3.1 In order to create an Account, the User must register by completing the registration form available on the Website. When registering, the User is asked to provide their first name, last name and current e-mail address, and to accept the Terms and Conditions and the Privacy Policy.

3.2 When completing their profile, the User is required to provide truthful and accurate personal information, including, without limitation, their full name, mobile number, address and e-mail address.

3.3 Following correct registration on the Website, the User has access to all features of the Website after entering their login details on the sign-in page.

3.4 Registration on the Website by the User means that the User has read, understood and accepted the Terms and Conditions in their entirety, including the Privacy Policy, and has consented to the processing by AMAZING.TN, now and in the future, of the personal data transferred during the registration process — for the purpose of delivering the Services available on the Website.

3.5 The User must exercise due care to ensure that an up-to-date e-mail address is always assigned to their Account on the Website.

3.6 The Account is made available to the User free of charge by AMAZING.TN and allows the User to use the services offered on the Website, from anywhere in the world via the Internet.

3.7 In the event of a breach of these Terms and Conditions or of applicable law by the User, AMAZING.TN reserves the right and the ability to block the User’s Account.

3.8 The User acknowledges and agrees that AMAZING.TN may, at its sole discretion, refuse or allow you to use the Services without giving any reason or prior notice.

3.9 The User must keep the password to their Account secure and confidential. The User must not, at any time or in any circumstances, reveal or disclose their Account password to an unauthorised party, and must take all necessary steps to prevent the disclosure of the Account password to any unauthorised party.

3.10 The User acknowledges that sharing their Account with others, or giving access to it to persons other than the User’s own staff, may cause irreversible harm to AMAZING.TN or to other Users. The User must hold AMAZING.TN and our partners harmless against losses and damages caused by the use of their Account by third parties.

3.11 Any notification or confirmation received by AMAZING.TN from your Account is deemed to have been issued by you, notwithstanding that such notification or confirmation may have been issued by a third party, whether authorised or not, and you are bound by that notification or confirmation.

3.12 The User must inform AMAZING.TN immediately if they become aware, or believe, that their Account has been hacked or compromised.

3.13 The User is responsible for all transactions carried out through their Account at any time before AMAZING.TN receives the notification referred to in Clause 3.12.

4. USE OF THE SERVICES

4.1 You shall obtain, at your own expense, the equipment and software required to connect to and access the Website and to use the Services. You shall bear all charges and fees imposed by third parties in connection with the connection of your equipment to the Website.

4.2 It is your primary responsibility to ensure that you are familiar with the guidelines and procedures for using the Services that AMAZING.TN may issue from time to time. AMAZING.TN is not liable for errors, losses or damages caused by your use of the Services.

4.3 Any dispute or claim arising out of or in connection with this Website shall be governed by and construed in accordance with the laws of Tunisia.

4.4 Minors under eighteen (18) years of age are not allowed to register as Users of this Website and are not allowed to carry out transactions or use the Website.

4.5 All exchanges between the User and AMAZING.TN must be conducted politely and respectfully.

5. PAYMENT

5.1 You may pay for the Services in the currency available on the Website, at the applicable exchange rate determined by AMAZING.TN at its sole discretion.

5.2 You are solely responsible for payments and any applicable taxes in connection with the use of the Services (or any of them) through the Account.

5.3 AMAZING.TN has absolute discretion to cancel any payment request made by you without giving any reason.

5.4 AMAZING.TN is entitled to change or remove the payment methods available on the Website at any time and without prior notice.

5.5 If you make a payment for products or services on the Website, the details you are asked to provide are supplied directly to our payment service provider over a secure connection.

5.6 The cardholder must keep a copy of the transaction records and of the merchant’s policies and rules.

5.7 The accepted payment methods are those offered in the checkout flow at the time the order is confirmed. As of today, payment is made through D17 (DigiPost). Payment by Visa and Mastercard bank card will be offered as soon as our online payment service provider is activated.

5.8 Multiple transactions may result in multiple entries on the cardholder’s monthly statement.

6. REFUND AND CANCELLATION POLICY

6.1 Refunds are issued solely through the original payment method used for the purchase.

6.2 Cancellation. The User may request the cancellation of their order, free of charge and without giving a reason, for as long as the code or key has not been delivered to their e-mail address. Requests are made by e-mail to [email protected]. The refund is then issued through the original payment method.

6.3 Once the code or key has been delivered to the User, the order is firm and final: as the User has taken cognisance of the digital content, no return, exchange or refund may be requested thereafter, subject to clause 6.4 below.

6.4 By way of exception, AMAZING.TN will replace the product or refund the User where: (i) the code has not been delivered within the time frame set out in clause 7; (ii) the delivered code is invalid or unusable; (iii) the code had already been redeemed before the purchase date; (iv) a product other than the one ordered has been delivered.

6.5 In the cases set out in clause 6.4, AMAZING.TN will first proceed with a replacement by an equivalent code, within seventy-two (72) hours of receiving the claim. Where replacement proves impossible, the order is refunded in full.

6.6 Any claim must be sent to [email protected], together with the order number, within thirty (30) days of the purchase date.

6.7 If the User is unable to use the code on the merchant’s website for a reason of their own (account, country, region, merchant’s own terms), they must contact the merchant directly. The merchant’s contact details are available on the brand page of the Website.

6.8 AMAZING.TN is not responsible for technical errors or refund issues occurring on the merchant’s website.

7. PURCHASE AND DELIVERY POLICY

7.1 Digital products are delivered to the User’s registered e-mail address as well as in their account area, and require no physical delivery.

7.2 Delivery time. Delivery takes place at the latest within twenty-four (24) hours of payment confirmation. The indicative delivery time specific to each product is displayed at the time of the order.

7.3 Should the twenty-four (24) hour period be exceeded, the User may request the cancellation of their order and obtain a full refund, under the conditions of clause 6.

7.4 After receiving the card code, the User must read the brand’s instructions on how to use the card on the merchant’s website.

7.5 The User must read the product description and system requirements before purchasing.

8. AVAILABILITY OF THE SERVICES

8.1 The Services are generally available daily, unless otherwise stated herein.

8.2 The Services may be unavailable at certain times due to maintenance or technical issues affecting the Website, or for any other reason beyond the control of AMAZING.TN. AMAZING.TN does not warrant that the Services will be available at the times stated herein. In the event of technical problems, AMAZING.TN undertakes to address them as promptly as possible.

8.3 Except as otherwise provided in these Terms and Conditions, AMAZING.TN is entitled, at its sole discretion and without prior notice, to change the procedures and the operating method of the Services at any time and from time to time for any reason whatsoever.

8.4 Notwithstanding anything to the contrary in these Terms and Conditions, AMAZING.TN is entitled to:

(i) immediately terminate, interrupt, withdraw or suspend your use of the Services without prior notice; or

(ii) impose conditions or restrictions on your use of the Service without prior notice.

9. RELIABILITY OF THE WEBSITE

9.1 You are aware that all transactions carried out on the Website take place over a telecommunications and data network.

9.2 You are fully aware that your receipt of a notification from AMAZING.TN, and vice versa, may be delayed or prevented by factors affecting the relevant service providers and other parties involved. You accept that AMAZING.TN cannot guarantee the prompt delivery of such a notification or confirmation.

9.3 You acknowledge and confirm that you must take all steps and measures to check and verify the transaction history of your Account.

10. LIMITATION OF LIABILITY

In no event shall AMAZING.TN, or any of its employees, agents or licensors, be liable for anything arising out of or in connection with your use of this Website. AMAZING.TN, including its employees, agents and licensors, shall not be liable for any indirect, consequential or special liability arising out of or in any way connected with your use of this Website.

11. INTELLECTUAL PROPERTY RIGHTS

All copyrights, trademarks and service marks belong to their respective owners/publishers, and AMAZING.TN is in no way affiliated with or associated with any of those owners/publishers. All services offered on the Website are offered by AMAZING.TN, and not by the owners/publishers.

12. RESTRICTIONS

The User is expressly and categorically restricted from all of the following: using this Website in any way that is, or may be, damaging to this Website; using this Website contrary to applicable laws and regulations, or in any way that causes, or may cause, harm to the Website or to any person or business entity; engaging in any data mining, data harvesting, data extraction or any other similar activity in relation to this Website; and using this Website to engage in any kind of advertising or marketing activity. Certain areas of this Website are restricted from access by you, and AMAZING.TN may further restrict your access to other areas of this Website at any time, at its sole discretion.

13. SEVERABILITY

If any provision of these Terms and Conditions is held to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. Such provisions shall be deleted without affecting the remaining provisions contained herein.

14. ENTIRE AGREEMENT

These Terms and Conditions, including the legal notices and disclaimers contained on this Website, constitute the entire agreement between AMAZING.TN and you in relation to your use of this Website, and supersede all prior agreements and understandings on the subject.

15. CONFIDENTIALITY

The Parties undertake, for the duration of this agreement and thereafter, not to disclose to any third party or improperly use, on their own behalf or on behalf of a third party, information that one Party has received from the other Party and that relates to the other Party’s activities. A Party shall immediately, at the other Party’s request, return all confidential information relating to the other Party received under this agreement. The User further undertakes not to disclose or discuss confidential information relating to AMAZING.TN and this agreement with any third party or in any medium whatsoever and for any reason whatsoever, even where this arises from a dispute between the Parties. The User acknowledges that they will be subject to punitive measures for any loss AMAZING.TN may suffer as a result of such unauthorised disclosure.

16. TERMINATION

16.1 The User and AMAZING.TN are each entitled to terminate the agreement. The agreement between the User and AMAZING.TN regarding the provision of an IT platform and of certain Website features is concluded for an indefinite term.

16.2 Termination of the agreement by AMAZING.TN takes the form of deletion of the User’s Account or blocking of the User’s access to the Website. Deletion of the Account or blocking of the User’s access to the Website may be carried out after information regarding the blocking or termination has been sent to the User’s e-mail address. In the event of a flagrant breach of these Terms and Conditions by the User, AMAZING.TN is entitled to terminate the agreement with immediate effect by deleting the User’s Account or blocking their access to the Website without delay.

16.3 The User may at any time request electronically that AMAZING.TN delete their Account. AMAZING.TN must delete the Account without delay, and at the latest within three (3) days of receiving the User’s request.

16.4 Where the agreement has been terminated by AMAZING.TN, the User may not create another account on the Website without the consent of AMAZING.TN.

16.5 AMAZING.TN is entitled to suspend access to the User’s Account temporarily if its security is compromised in any way, or if significant breaches of this agreement or of the law by the User are discovered (where AMAZING.TN does not terminate the agreement as a result).

16.6 Upon cancellation or termination of the Services:

(i) all rights granted to the User hereunder shall immediately cease and revert to AMAZING.TN;

(ii) AMAZING.TN may, at its sole discretion, decide not to act on any request received by AMAZING.TN after the effective date of termination; and

(iii) AMAZING.TN may, at its sole discretion, decide not to act on any confirmation or request received by AMAZING.TN between the date of the notice given to the User and the effective date of termination (where there is a period of time between those two dates).

17. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of Tunisia, and you submit to the non-exclusive jurisdiction of the courts of Tunis, Tunisia, for the resolution of any dispute.

18. Contact us:

E-mail: [email protected]
Phone: +216 23 535 108
Address: Rue Grand Maghreb, 4041 Sousse, Tunisia