Terms And Conditions
EVERYTHING YOU NEED TO KNOW ABOUT OUR TERMS AND CONDITIONS POLICY
Last updated: 29/06/2018
Please read these Terms and Conditions (The “Terms”) carefully before using the Website and the Mobile App (The “Service”) operated by Zoughaib And Co (The “Company”), a company duly registered in the Commercial Register of Baabda under number 2047024 and established at the following address: Main Highway Zouk Mikael, Zoughaib & Co. Building, Zouk Mikael, Keserwan – Lebanon
Use of the Service
Aiming to keep the Service as safe as possible, you represent that you will not be using the Service in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. Therefore, you will not post any illegal, defamatory, libelous, threatening, obscene, or otherwise objectionable material, any content that is hate speech, pornographic, any content that infringes intellectual property rights including without limitation copyright, moral right, database right, trademark right, any content that violates the rights of others or that invades the privacy of others after the use of automated means to collect users’ content or data or post any unauthorized commercial communications (such as spam) on the Service. You commit not to act in an illegal manner on the Service such as uploading computer viruses, malicious codes, impairing the proper working of the Service such as the denial of service attack, bullying, intimidating and harassing a user in order to obtain login information pertaining to him.
Account Management and Security
The Company and its licensors or its content providers exclusively own and control all the copyright and other intellectual property rights available through the Service (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software). Therefore, any copying, distributing, posting, linking or otherwise modifying of the Company’s Service by you without the express written authorization of the Company will be considered a copyright, trademark or other intellectual property right infringement and may be subject to civil and/or criminal legal proceedings. You are granted by the Company a limited license in order to access and use the Service. Therefore, you may view, download, print and save pages containing copyrighted material from our Service for your personal use only, after acknowledging that you do not acquire any ownership rights resulting from these actions. However, the Company and its licensors or its content providers retain full and complete title to the content available on the Service, including all associated intellectual property rights and provide this content to you under a license that is revocable at any time according to the Company’s sole discretion. Concerning content covered by intellectual property rights that you post, upload, submit or make available on the Service, including without limitation texts, graphics, images, audio material, video material, audio-visual material and software, you expressly grant to the company a worldwide, irrevocable, non-exclusive, sub-licensable, royalty-free license to use, reproduce, modify, store, adapt, publish, translate and distribute your content in other works in any form, media or technology currently known or that may exist in the future. Electronic Communications
You agree and acknowledge that when you use the Service or send emails to the Company, you are communicating with the Company electronically. Therefore, you consent to receive electronically any communications related to your use of the Service. The Company will communicate with you by email or by posting notices on this Service. You agree and acknowledge that all agreements, notices and other communications that are provided to you electronically are deemed to satisfy all legal requirements applicable to the contractual process. Therefore, they cannot be deprived of legal effectiveness and validity on account of their having been made by electronic means. Products
The “Products” encompass all types of goods, custom made products and services offered for selling on the Service by the Company. Those Products are deemed to be in conformity with the laws and regulations applicable in Lebanon. The Company attempts to provide accurate and exact descriptions of the Products on the Service but it does not warrant the accuracy and the reliability of the descriptions. In the event the Product appears to be not as described, you have the right to return the product and to be reimbursed as specified in the Return Policy.
Information to be provided
The Company represents that the following information will be given to you clearly, comprehensibly and unambiguously prior to the placing of any order: the different technical steps to follow to conclude a contract, whether or not the concluded contract will be filed by the Company and whether it will be accessible, the technical means for identifying and correcting input errors prior to the placing of an order and the languages offered for the conclusion of the contract.
The Company attempts to provide accurate pricing information regarding the offered Products and services available on the Service of the Company. However, the Company does not represent or warrant that the prices are error free. The Company reserves the right, at its sole discretion, not to process or to cancel any orders placed for a Product or service whose price was incorrectly posted on the Service as a result of an error. In this event, the Company will be notifying you by email. In addition, the Company reserves the right, at its sole discretion, to correct any error in the stated and affixed full retail price.
Placing of the order
You can place your order by technological means when you wish to purchase any Product available on the Service of the Company. The online contract between you and the Company is deemed to be formed when the acceptance of the offer is received by the Company. The Company reserves the right to choose not to process or to cancel your order in certain circumstances including without limitations, the case where the product you wish to purchase is out of stock or has been mispriced. In this event, the Company will either not charge you or refund the charges for unprocessed or cancelled orders The Company may also, in its sole discretion take steps to verify your identity to process your order. Payment
You can choose to pay in cash upon delivery or by any other means accepted by the Company. Delivery
Products purchased on the Service of the Company shall only be delivered in Lebanon, to the address provided by you during the process of placing the order. You agree and acknowledge that you will solely bear the delivery costs. The timeframe for delivery are subject to variation according to the Products purchased and are mentioned in the email sent to you by the Company, after the validation of the order. The timeframe for delivery corresponds exclusively to the timeframe needed to organize the expedition of the Products excluding the timeframe needed for delivery. The Company shall not be liable for the consequences resulting from any delay in delivery. Upon reception of the ordered Products, you shall verify the conformity of the delivered Products to your initial order.
Pursuant to the applicable laws, the Company accepts returns and exchanges under some conditions. All Products must be returned to the address of the Company new, completely unused and with the Company and garment tags still attached to the Products, within a period of 10 days starting from the date of reception, concerning the goods or starting from the date of placing the order concerning the services. Returns that do not meet these conditions will not be accepted as a return and will be sent back to you. You agree and acknowledge that you will solely bear the costs of returning the Products to the company. This article is not applicable if the Products were especially created upon your request or pursuant to the characteristics and specifications determined by you, in the event of which you agree that no returns or exchanges or refunds will be possible.
Online Data Protection
The Company may change these Terms from time to time. The Company will give you written notice of any revision of these Terms and the revised Terms will apply to the use of the Service starting from the date of notifying you. Therefore, you will have the opportunity to review the revised Terms before continuing to use the Service. If you do not agree to the revised Terms, you must stop using the Service. So, if you continue using the Service after being notified, this means that you have read and accepted the revised terms.
The company is providing the Service as is and makes no representations, covenants or express or implied warranties including but not limited to the merchantability, suitability, fitness for a particular use or purpose and non-infringement of the Service membership and to any content, actions, accuracy of information and data of third parties on the Service. The Company tries to keep the Service up, bug-free, knowing that you use it at your sole risk. The Company disclaims any warranties that access to the Service will always be safe, secure, virus-free or error-free or that the Service will be functioning without failure of performance, omission, interruption, deletion, delay in operation, destruction or unauthorized access to, alteration of, or use of record. Downloading any content from the Service will be at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data resulting from the downloading. In no event shall the Company, or any person or entity involved in providing the Service be liable for any damages, including but not limited to direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Service. The Company is not responsible for any content that users, subscribers or any unauthorized user may post on the Company’s Service. The Company reserves its right to change, alter, delete and prohibit any illegal content, in its sole discretion after notifying you to withdraw it within a reasonable delay.
Limitation of liability
You acknowledge and agree that you assume full responsibility for your use of the Service and/or for the account, communications with third parties, and purchase and use of the products and services available through the Company’s Service. You acknowledge and agree that any information you send or receive during your activity on the Service and/or use of the Service may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that, to the fullest extent permitted by applicable law (including, without limitation, consumer protection law), neither the Company nor its licensors, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the Service, or any other Site or resource you access through a link from this Service; any action we take or fail to take as a result of communications you send to the Company; your account, any termination or cancelation of your account; any products or services made available or purchased through the Company’s Service, including any damages or injury arising from any use of such products; any delay or inability to use the Service or any information, products or services advertised in or obtained through the Service; or the modification, removal or deletion of any content submitted or posted on the Service. Indemnities You agree to defend, indemnify and hold the Company harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Service and/or your breach of any representation, warranty, or other provision of the Terms. Termination The Company reserves the right to terminate these Terms or stop providing the Service after notifying you within a reasonable delay, in the event of a breach of these Terms in any way or if the Company reasonably suspects that you have breached these Terms in any way. Severability In the event a provision of these Terms is determined by any court or other competent authority to be unlawful and/ or unenforceable, that part will be deemed to be deleted, and the rest of the provisions will continue in effect.
The omission of the Company to act concerning a breach of these Terms committed by you or other users does not waive the right of the Company to act concerning subsequent similar breaches. If any content on this Service, or your use of the Service, is contrary to the laws of the place where you are when you access it, the Service is not addressed to you, and the Company asks you not to use the Service. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Disputes (Law and jurisdiction):
The resolution of any claim or dispute arising out of or relating to these Terms or the Company shall be subject to the exclusive jurisdiction of Lebanese courts. The laws of the Republic of Lebanon will govern these Terms as well as any claim or dispute that might arise between you and the Company, without regard to conflict of law provisions. Third-party content The content available through the Service illustrates the opinions of information providers, end-users, or other users not bound by a contract with the Company. The Company is not responsible for the accuracy or reliability of any opinion, advice, or statement made on the Service by anyone other than authorized employees of the Company while acting in official qualities. The Service contains links to third-party Websites, provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party sites. The Company disclaims any representation or warranty regarding this content and your access to those websites is under your sole risk.