PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF SALE. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT SUBMIT AN ORDER FROM THIS WEBSITE.
These Terms and Conditions of Sale (the "Terms and Conditions of Sale") apply to your purchase of products offered on this website (the "Website"). By placing your order, you accept and are bound to these Terms and Conditions of Sale.
Our Website and these Terms and Conditions of Sale are subject to change without prior notice, except that the Terms and Conditions of Sale posted on this Website at the time you place an order will govern the order in question, unless otherwise agreed in writing by us.
In these terms of sale, "us," "we" or "our" means FDMH SAL; and “you” and “your” means our customer or potential customer for products or items.
(3) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
You need to log in to your account on our website;
After choosing your item(s), you will need to choose the mode of payment;
In case it was indicated after your choice that the item is not available, please proceed by sending an email to email@example.com and we will do our best to fulfil your order. Your order is considered approved in case you receive a positive reply from our customer care service;
We will not file a copy of these Terms and Conditions of Sale specifically in relation to your order. We may update the version of these Terms and Conditions of Sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these Terms and Conditions of Sale for your records.
None of these Terms and Conditions of Sale affects your statutory rights. No other terms or changes to the terms & conditions shall be binding unless agreed in writing signed by us.
(4) Price and payment
Prices for products are quoted on our Website. The Website contains a large number of products and it is always possible that some of the prices on the Website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product.
In addition to the price of the products, you will have to pay a Value Added Tax in case the customer or the delivery point is in Lebanon. Also, please note that local charges (sales tax, customs duty) may occur, depending on your region and local customs duties. These charges are at the customers own expense.
All prices are exclusive of shipping prices and any applicable taxes (if applicable).
Payment can be made through the following modes:
1. Customer may choose to pay cash on delivery with our chosen shipper;
2. Customer may choose to pay by credit card via [Please insert the relevant bank if any] (visa and Mastercard).
All products remain our property until full payment is made. We may, at our absolute discretion, cancel the contract between us if the price is not received from you in full in cleared funds.
(5) Your warranties
You warrant to us that:
a) you are at least 18 years old (or have parents' permission to buy from us) and accept these Terms and Conditions of Sale which shall apply to all orders placed or to be placed on the Website, for the sale and supply of any products.
b) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale; and
c) the information provided in your order is accurate and complete.
(6) Delivery policy
Most products are held in stock and are available as soon as possible. However, if a product is temporarily out of stock we will let you know as soon as possible.
We will arrange for the products to be delivered to the address for delivery indicated in your order.
Due to customs, legal, regulatory and / or other restrictions, some of our products may not be unavailable to certain destinations. We reserve the right to define what can be delivered to which destination. Please note that your order may be subject to import duty and note cannot be held responsible for any import taxes or fees incurred on your order.
We endeavor to deliver products ordered through our Website as soon as possible after you place your order and you receive a confirmation order from our part. However, all shipping and delivery dates are estimates only and we will have no liability to you for delays associated with shipping and delivery.
Lebanon and overseas orders are shipped by [ ].
We will insure all orders while in transit, until it is delivered to you. If you want to track your package, please email us at [Please insert the email address] and we will either track your shipment for you or email you a tracking number which can be used on the [ ].
Loss or damage that occurs during shipping by a carrier selected by you is your responsibility, and in the event of product damage or loss during transit, it is your responsibility to file a claim with the carrier. You must notify us within 48 hours after receipt of your order if you believe any part of your purchase is missing, incorrect or damaged.
(7) Passing of property and risk
We will retain the legal ownership of the items until full payment has been made by you and such payment has been received by us.
Legal ownership of the items will immediately revert to us if we refund any such payment to you. Risk in the Items will pass to you on delivery to you.
(8) Consumers: returns policy
Customer satisfaction is always our top priority, and as such we handle each query on an individual basis to the best of our ability. While we hope that you are delighted with your order, if you are not perfectly satisfied with your goods we will happily offer you a full return or exchange as per the below terms.
Articles purchased from the Website at full price are returnable/exchangeable within 5 days of receipt as long as they are in new, unused and unwashed condition and still have the original tags and labels and packaging. We will refund the amount of the item less shipping and handling. Please allow 30 days for returns processing.
You must notify us within 48 hours after receipt of your order if you believe any part of your purchase is missing, incorrect or damaged. Failure to return a product within the applicable 48 hours will be deemed to be an acceptance of the product
You will not have any such right insofar as a contract relates to (i) the supply of goods made to your specifications or clearly personalised; or (ii) the supply of goods which by reason of their nature cannot be returned or (iii) the supply of goods sold during sales or sold at special prices.
We aim to display our Product information on the Website as accurately as possible. However, because actual colors you see depend on your monitor or device, we cannot guarantee your monitor's or device’s display of any color will accurately reflect actual Product color or finish.
Also, information displayed on the Website may contain typographical or other human errors and may not be 100% complete or current despite our efforts. Accordingly, we cannot guarantee any Product image or description will be accurate in all respects.
Return Policy Steps:
Please follow the steps below:
Contact us within 48 hours of receiving your order, we will issue you with a Returns Number.
Detail the Returns Number on your receipt, and enclose with the item(s) you wish to return.
Your items must be shipped to us using our [ ] carrier. Visit [ ] for contact details.
In order to arrange your shipment, please use the [Airway Bill] found enclosed with your purchase. All of the details on this Airway Bill will already be filled in, simply sign and date the slip appropriately.
The shipping charges you will incur through returning a package are detailed in US$.
We can only issue refunds or exchanges on items that are shipped back to us within 7 days of receipt.
We are not responsible for product(s)/item(s) returns that are damaged or lost in transit. Failure to return a product within the applicable return period (7 days) will be deemed to be an acceptance of the product.
All successfully returned items will be only credited to the account used to originally purchase the items, less any taxes, import duties or shipping charges incurred.
With exchanges, your new item(s) will be shipped to you as soon as we receive your returning package and any additional payment which is required.
PLEASE NOTE: New and unused means that there are no marks on the item or any wear on the tags. We do not sell used items and will not accept any item with any indication that it was used. In such cases, the item will be returned to the purchaser. We are not responsible for any item that is not returned in the manner set forth above.
(9) Force majeure
While it is our goal to meet all of our obligations to you, we may be unable or delayed by reason of matters or occurrences beyond our control, such as, but not limited to, acts of God, acts by you, or of civil disorder, delays in transportation, material shortages, strikes or other labor disturbances, fire, flood, accident, riot, war, government intervention, embargoes, or equipment failures. We shall not be liable for any such failure or delay as a result of any such matter or occurrence wholly or partially beyond our control. Quantities are subject to availability. In the event of shortage, we may allocate sales and deliveries in our sole discretion.
(10) Copyright and Trade Marks
All content available on the Website, including, but not limited to, text, graphics, logos, button, icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of FDMH S.A.L., our affiliates, our partners or our licensors, and is protected by Lebanon and international copyright laws.
The trade marks, logos, and service marks displayed on the Website (collectively, the "Trade Marks") are the registered and unregistered marks of FDMH SAL, our affiliates, our licensors or our partners or our designers, in Lebanon and other countries, and are protected by Lebanon and international trade mark laws. All or any other trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited license in the section entitled "Limited License" below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
(11) Limited License
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. Please note that you may not frame, link to, or utilize any framing or linking techniques to enclose the Website or any portion thereof without our prior written consent which may be withheld in our absolute discretion.
The limited license set forth in this section does not include the right to:
a. modify or download the Website or its contents (except caching or as necessary to view content);
b. make any use of the Website or its Content other than personal use;
c. create any derivative work based upon either the Website or its Content;
d. collect account information for the benefit of another party;
e. use any meta tags or any other "hidden text" utilizing our name or the Trade Marks without our express written consent; or
f. use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website may:
a. link to, but not replicate, our Content;
b. not imply that we are endorsing such website or its services or products;
c. not misrepresent its relationship with us;
d. not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages;
e. not portray us or our products, services or Items, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
f. not use any Trade Mark without our prior written consent; and
g. not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Website terminates the limited license set forth in this section without prejudice to any other remedy we may have provided for by applicable law.
(12) Limitations and exclusions of liability
We make no representations or warranties of any kind whatsoever, expressed or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any
a. interruption of business;
b. access delays or access interruptions to the Website;
c. data non-delivery, miss-delivery, corruption, destruction or other modification;
d. loss or damages of any sort incurred as a result of dealings with or the presence of off- Website links on the Website;
e. computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites;
f. any inaccuracies, omissions or misleading, false or deceptive statement in the content; or
g. events beyond our reasonable control.
Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
For any damage suffered by the customer or any third party, caused by the products purchases on the Website, We will be liable only if and insofar such damage is directly caused by such product at issue not being in accordance with its specifications, such liability being limited to the amount equal to the invoice value of the product in question.
(13) Contract cancellation
We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract, or due to any special circumstances we reserve the right to evaluate. In the latter case, we will refund ant payment already done by customer (less banking charges).
(14) Scope of these terms of sale
These Terms and Conditions of Sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.
We reserve the right to change these Terms and Conditions of Sale at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms and Conditions of Sale. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms and Conditions of Sale.
We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions of Sale. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
We reserve the right to refuse to supply items to any person for any reason whatsoever, to withdraw any item from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any items from this Website whether or not such items have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
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