TERMS OF SERVICE
OVERVIEW
This document (together with the documents mentioned herein) establishes the terms of service that govern the use of this website (www.antoinekaram.com) (hereinafter referred to as the “Website“) and the purchase of products through it (hereinafter referred to as the “Terms“).
Throughout the Website, the terms “we”, “us” and “our” refer to Antoine Karam For Trade and Commerce SAL, and “you” and “your” refers to any user of this Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
We urge you to read these Terms, our Privacy Policy (hereinafter “Privacy Policy”) carefully before accessing or using our Website. By accessing or using any part of the Website or placing an order through it, you engage in our service (hereinafter referred to individually and collectively as “Service”), and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree with all Terms, conditions, policies and notices stated herein, do not use this Website or any of its services. These Terms apply to all users of the Website.
Any new features or tools which are added to the current Website shall also be subject to the Terms. You can review the most recent version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes an acceptance of those changes.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
- ABOUT US
Since 1968, Antoine Karam has been weaving an elegant legacy of high-quality house linen. With every stitch, this family business has established a name synonymous with attention to detail, fine tradition & an unparalleled ability to surpass expectations. This digital customer experience will give you a glimpse of the uniqueness of our products being sold through this Website under the name of Antoine Karam House Linen by Antoine Karam For Trade and Commerce SAL with a capital of /30 300 000/ LBP, duly registered before the Commercial Registrar of Baabda under the number /21344/, and having its main showroom located at Foch 94 Building, Foch Street, Central District, Beirut.
- YOUR ELIGIBILITY TO USE THE WEBSITE
By using this Website and placing orders through it, you:
- Represent that you are legally eligible in your country, state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Website.
- Guarantee not to use our products for any illegal or unauthorized purpose nor to, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Undertake not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we will be entitled to cancel it and inform the pertinent authorities.
- Agree to provide us with your e-mail address, postal address and/or other contact details truthfully and exactly, and that we may use this information to contact you if necessary.
- Acknowledge that if you do not provide us with all the information we need, you cannot place your order.
- Acknowledge that the information or personal details that you provide us shall be processed in accordance with our Privacy Policy.
- Undertake not to use the Website in any manner that would damage or impair the Website in any way (including but not limited to introducing any viruses or malware or any similar items).
- Acknowledge and agree that any breach of any undertaking, warranty or representation hereunder will entitle us to immediately terminate our Services.
- DESCRIPTION OF SERVICE
The Website allows you to browse through our products and place orders.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
When you place an order, you should receive an acknowledgement e-mail confirming receipt of your order (hereinafter “Confirmation e-mail”).
We only accept your order once payment has been approved and we have debited the payment card.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content on the Website, without express written permission by us.
- SCOPE OF DELIVERY
The products offered on this Website are available for delivery in [●] (hereinafter referred to as “Scope of Delivery”.
If you wish to order products from a country outside of our Scope of Delivery, via this Website you can do so; however, the ordered products can only be delivered to a delivery address within our Scope of Delivery.
- AVAILABILITY OF PRODUCTS
We reserve the right to limit the quantities of any products that we offer. All product orders are subject to availability of the products. In that respect, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products. If you do not wish to order the substitute products, we will reimburse any amount that you may have paid (including delivery charges) without any undue delay. The reimbursement will always be paid using the same payment means you used to pay for your purchase. In any event, you will not incur any charges as result of such reimbursement.
By using our Service, you acknowledge that the material made available on the Website, may not be current, complete, updated and is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
- REFUSAL TO PROCESS AN ORDER
We reserve the right to refuse to provide our Services to anyone for any reason at any time.
In the event of exceptional circumstances such as but not limited to fabrication issues, stock issues or regulatory issues, or payment incident, that force us to refuse to process an order after having sent the Confirmation e-mail, we reserve the right to do so at any time. In this case, if the payment is already done, the reimbursement (including delivery charges) will be paid without any undue delay. The refund will always be paid using the same payment means you used to pay for your purchase. In any event, you will not incur any charges as result of such reimbursement.
We will not be liable to you or to any third party for not processing an order, due to exceptional circumstances, once we have sent the Confirmation e-mail.
- PRICES AND MODIFICATIONS TO THE SERVICE
The prices on the Website include Value Added Tax (VAT), but exclude delivery fees, which are added to the total price. The VAT will be calculated at the prevailing rate on the date of payment.
The price of the products will be as stipulated at all times on our Website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the Website are correct, errors may occur.
If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full. In all cases, we are not obliged to provide you with any product at the incorrect lower price.
You understand that the prices for our products are subject to change without notice and that we reserve the right to remove any product from the Website at any time and to remove or modify any material or content from the same.
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Website or in the Service is inaccurate at any time without prior notice (including after you have submitted your order).
We will not be liable to you or to any third party for:
- Any modification in our prices;
- Removing any product from our Website;
- Removing or modifying any material or content from the Website;
- Errors that may occur on our Website.
- DELIVERY
Before you finalize your order, you’ll be given delivery options to choose from along with their respective estimated delivery time and dates depending on the delivery address.
Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances or delays related to the delivery zone, such as but not limited to carrier delays, logistics, customs or bad weather. You understand that we will not be liable should such delays occur.
If your order hasn’t arrived within the estimated delivery times, please send us an email at [●].
For the purposes of these Terms, “Delivery” shall be understood to have taken place as soon as the order is delivered at the agreed delivery address.
- TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS
You will acquire ownership, and bear all risks of the product from the moment of Delivery as defined in clause 8 above.
- PAYMENT
Once you have selected all articles that you wish to buy, those will have been added to your basket and the next step will be to process the order and make payment. To that end, you must follow the steps of the purchase process, filling up or verifying the information requested in each step. Furthermore, and throughout the purchase process, you are entitled to modify the details of your order provided that no payment has been made.
You may use, as a payment method, the cards Visa, MasterCard, American Express, Visa Electron and PayPal.
To minimize the risk of non-authorized access, your credit card details will be encrypted.
When you place your order, you are confirming that that you are the rightful owner of the card used.
We will charge your card upon the confirmation of your order.
Cards are subject to verification and authorization by their issuing entity. In the event that such entity does not authorize the payment, we will not be liable for any delay or failure to deliver, and you will be unable to place or receive your order.
An invoice in electronic format will be made available in the Confirmation e-mail, which you agree on.
- RETURN POLICY
- Right of return
We have a 30-day return policy, which means you have 30 days from the moment of Delivery to return your product. To be eligible for a return, your product must be in the same condition that you received it, unworn or unused and in its original packaging and including all tags, labels, instructions, and other documents, if any, accompanying the products.
You shall not have the right to return the following products:
- Customized products;
- Sealed goods which are not suitable for return due to hygiene and health protection reasons and were unsealed after Delivery.
Should you wish to return your product, please contact us at [●] and we’ll send you instructions on how and where to send your product. The return period will expire after 30 days from the day of Delivery.
- Effects of the return
If you request a return in accordance with article 11.1., we shall reimburse all payments received from you including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay. We will carry out such reimbursement using the same means of payment as you used for the initial transaction. In any event, you will not incur any fees as a result of such reimbursement.
No reimbursement will be made if the product has been used, or no longer in the same condition as when delivered or damaged.
Notwithstanding the foregoing, we may withhold reimbursement until we have received the returned product.
You shall send back the returned product with a print-out of the Confirmation e-mail at the following address: [●]
You must return the product without undue delay and in any event no later than 14 days from the day on which you communicate your request of return.
Unless you hand the product over at our stores, you shall bear the direct cost of returning the product which we will be immediately deducted from the amount to be refunded to you.
You are liable for any diminishing of the product’s value unless resulting from the handing necessary to establish the nature, characteristics and functioning of such product.
After examining the product, we will inform you of whether or not you are entitled to the reimbursement of the amounts paid, excluding the return costs.
You shall assume the cost and risk of returning the product to us, as indicated above.
- Return of defective products
In the cases in which you consider that at the moment of Delivery the product is defective, you must contact us immediately on our e-mail [●] providing the product’s details and describing the defect discovered, which will enable us to instruct you on the relevant process to be carried out.
You must return the product by courier arranged by us or hand it over at any of our stores. We will carefully examine the returned product and will notify you by e-mail within a reasonable period if the product may be refunded or replaced (as appropriate).
The refund or replacement of the product shall take place as soon as possible and in all cases within 14 days from the date on which we send you an email confirming the refund or replacement of the product.
The amounts paid for the product returned due to any defect, when established, will be reimbursed in full, including the delivery costs related to delivery of the product and the costs incurred by you for its return.
The refund shall be paid through the same means of payment used for the initial transaction.
- LIABILITY AND WAIVING LIABILITY AND INDEMNIFICATION
For the purpose of these Terms, “Force Majeure” means any event which (a) is beyond the reasonable control of the parties, (b) is of such nature or magnitude so as to severely impede the ability of any of the parties to properly perform in a timely manner its obligations under these Terms and (c) results in any of the parties becoming unable to perform their contractual obligations, and may include without limitation, any acts from the public authorities, riots, turmoil, war, acts of terror, accidents, epidemic outbreaks, weather hazards, natural disasters, disruption of communications etc.;
We, under these Terms, shall not be held liable in the case of non- performance of our obligations caused by an act of a third party, your fault or by a case of Force majeure.
Due to the accessibility of this Website and the possibility of errors in storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained by means of this Website, unless otherwise indicated expressly.
All product descriptions, information and materials shown on this Website are provided “as is”, with no express or implied guarantees on the same, except those legally established. In this sense, if you are a consumer, we are obliged to deliver your products that are in conformity with these Terms, being liable to you for any lack of conformity which exists at the time of Delivery.
It is understood that the products are in conformity with these Terms if they:
- comply with the description given by us and possess the qualities that we have presented in this Website;
- are fit for the purposes for which products of the kind are normally used; and
- show the quality and performance which are normal in products of the same type and can which can reasonably be expected.
To the extent permitted by law, we exclude all guarantees, except those that may not be excluded legitimately in favor of consumers.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
You agree to indemnify, defend and hold us and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
The products that we sell, especially artisanal products, often have the characteristics of the natural materials used in manufacturing them. These characteristics, such as variations in grain, texture, knots and color, may not be considered defects or damage. On the contrary, you must count on their presence and appreciate them. We select only products of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product.
The provisions in this clause shall not affect your rights as a consumer as recognized by law.
- PERSONAL INFORMATION
Your submission of personal information through the Website is governed by our Privacy Policy.
- INTELLECTUAL PROPERTY
You recognize and agree that all copyrights, registered trademarks and other intellectual property rights to the materials or contents provided in the Website belong to us at all times or to those who grant us license for their use.
You may use said material only to the extent that we or the usage licensers authorize it expressly. This does not prevent you from using this Website to the extent necessary to copy the information on your order or personal details.
- VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not make undue use of this Website by intentionally introducing a virus, Trojan horse, worm, logic bombs or any other software or technologically damaging or harmful material.
You shall not attempt to make unauthorized access to this Website, the server on which the site is housed or any server, computer or database related to our Website.
You agree not to attack this Website through any attack of denial of service or an attack of distributed denial of service.
Failure to comply with this clause shall be considered an infraction as defined under the applicable regulations.
We will report any failure to comply with this regulation to the corresponding authorities, and we will co-operate with them to determine the identity of the attacker.
Likewise, in the event of failure to comply with this clause, authorization to use this Website shall be suspended immediately.
We shall not be held liable for any damage or harm resulting from a denial of Service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this Website or downloading content from the same or those to which this Website redirects you.
- LINKS FROM OUR WEBSITE
If our Website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or data. Therefore, we shall not accept any liability for any damage or harm deriving from their use.
- WRITTEN COMMUNICATIONS
The applicable regulations require that some of the information or communication that we send to you be in written form.
By using this Website, you agree that most of the communication with us will be electronic. We will contact you by e-mail or we will provide you information by posting alerts on this Website.
For contractual purposes, you agree to use this electronic mean of communication and acknowledge that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing.
This condition will not affect your rights as recognized by law.
- WAIVING RIGHTS
Our lack of requirement of your strict compliance with any of your obligations set out in these Terms, or the lack of exercising our rights or actions set out in these Terms shall not constitute a waiver or limitation of said rights or actions, nor exonerate you from fulfilling said obligations. Our waiver of a specific right or action shall not constitute a waiver of other rights or actions herein set out. Our waiver of any of these Terms or of such rights or actions shall not be effective unless expressly stipulated and formalized and notified to you in accordance with the provisions of clause 17 above.
- SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
- ENTIRE AGREEMENT
These Terms and any policies or operating rules posted by us on the Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
- CHANGES TO THE TERMS
You can review the most recent version of the Terms at any time at this Website.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
- APPLICABLE LEGISLATION AND JURISDICTION
The use of our Website and/or our Service shall be governed by the laws of Lebanon applicable thereto. Any controversy that arises or is related to the use of the Website or the Service will be subject to the non-exclusive jurisdiction of the Beirut courts.
If you are entering into this agreement as a consumer, nothing in this clause shall affect the statutory rights you may have, as recognized in any applicable legislation in this field.
- CONTACT INFORMATION
Should you have any query regarding the above, please do not hesitate to reach out to us on the following email address [●], and/or telephone number: [●].