Terms and Conditions (Anglais)
The present General Conditions of Sale shall solely apply to the relation between M.S.W. Society SAL, a Lebanese Joint-Stock Company duly registered in the Commercial Register of Beirut under the number 1024254 having its principal address at Al-Mir Omar Street, Section number 10 of plot number 513 of Mina el Hosn cadastral area (The “Company”, “We”, “Us”) and any natural person who is at least eighteen (18) years old (the “User”, “he/she”, “his/her”, “you’ / minors under the age of 18 are prohibited to register as a User of this website and are not allowed to transact or use the website.), visiting or performing an online purchase via the nomadiya.com (the "Website" or "Site") and/or any of or any of M.S.W Society’s branded mobile application of your smartphone or handheld device (the “Mobile App”).
The User and the Company are hereinafter collectively referred to as the “Parties”.
These Terms create a legally binding agreement between User and M.S.W. Society SAL, protecting the User’s rights as a valued customer and Company’s rights as a business.
Parties agree that the Terms & Conditions govern exclusively their relationship. Company reserves itself the right to modify the Terms & Conditions at any time. The Parties shall only be bound by the Terms & Conditions which are online the day the order is placed.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING AND/OR PLACING AN ORDER FROM THIS WEBSITE OR THE MOBILE APP.
- Preliminary Identification of the User
When User creates an account, User must provide nomadiya.com information that is accurate, complete, and current at all times. Failure to do so may result in inability to complete User’s order.
User may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than User’s without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
2.2 Password Regulations
User is responsible for safeguarding and maintaining the confidentiality and security of the password and for any activities or actions under User’s email and password. If the User loses or forgets his/her password, he/she shall ask for it again by clicking on “I’ve forgotten my password”. He/she shall receive it on the email address he/she would have provided at the time he/she had registered. The User may also contact Company via the contact information provided on nomadiya.com “Contact Us” webpage on the Site.
User must notify Company immediately upon becoming aware of any breach of security or unauthorized use of User’s account.
2.3 Order Regulations
User will not make any speculative, false or fraudulent orders. If Company has reason to believe that such an order has been made, Company shall be entitled to cancel the order and inform the relevant authorities, and may lead to termination of the account.
2.4 Registration and confirmation of the order
The User shall exclusively place his/her order online, through the Site or Mobile App.
After confirming his/her order, the User shall accept the Terms & Conditions, choose the delivery address and finally confirm his/her payment. This final step amounts to the completion of the sale contract between Company and the User.
By placing an order, the User agrees on the Products’ prices and description offered for sale.
Company reserves itself the right to freeze the User’s order in the event of a non-payment, an incorrect (shipping) address or any other problems occurring on his/her account until the problem is solved.
For any inquiry relating to an order’s tracking, the User may contact Company via the contact information provided on nomadiya.com “Contact Us” webpage on the Site.
3. PRODUCT AVAILABILITY
Products offered through the Website and/or the Mobile App are only available for delivery to Lebanon, France and Europe. At this time Company is unable to deliver to countries not previously mentioned.
If the product which has been ordered and paid is unavailable from stock (temporary unavailability or sold-out), the User shall be notified of this unavailability, and Company reserves the right to give User information about substitute products of an equal or higher quality and value which he/she can order. If User do not wish to order such substitute products, product shall be cancelled and removed from the order and the User shall be fully refunded. However, the rest of the order shall remain firm and final.
4. HOW PURCHASE CONTRACTS ARE FORMED
No contract ("Contract") in respect of the purchase of a product offered on the Site or Mobile App shall exist between Parties until order has been accepted by Company and the latter has sent User the Shipment Confirmation (defined below). If Company does not accept User’s order and funds have already been deducted from his/her account, the funds will be fully refunded.
To place an order, User will be required to follow the shopping process online and press the "place order” button to submit the order. After this, User will receive an email from firstname.lastname@example.org acknowledging that nomadiya.com have received his/her order (the "Order Confirmation").
User’s order constitutes his/her offer to nomadiya.com to buy one or more products from nomadiya.com for personal use and not for resale purposes. All orders are subject to acceptance by Company, and Company will confirm such acceptance to User by sending him/her an email that confirms that the product has been dispatched (the "Shipment Confirmation").
The amount of the purchase will not be charged to User’s card until order has been shipped to the delivery address. By clicking on the "Finalize Order" button, User is confirming that the credit card is his/hers or that User is the owner of the gift card or of the merchandise credit card. Cards are subject to validation checks and authorization by User’s card issuer. If Company does not receive the required authorization, Company will not be liable for any delay or non-delivery.
For all purchases made through the Site or the Mobile App, receipt will be provided electronically only; paper copies of receipts will not be provided.
5. REFUSAL OF ORDER
Company reserves the right to withdraw any product from the Website or Mobile App at any time and/or remove or edit any materials or content on the Website or Mobile App. While Company will make reasonable efforts to process all orders, there may be exceptional circumstances that may require Company to refuse to process an order after Company has sent User an Order Confirmation; and Company reserves the right to refuse to process an order at any time, at Company‘s sole discretion.
Company will not be liable to User or any other third party by reason of withdrawing any product from the Website or Mobile App, whether it has been sold or not, removing or editing any materials or contents on the Website or Mobile App or for refusing to process or accept an order after sending the Order Confirmation.
Unless there are any exceptional circumstances, Company will endeavor to fulfill User’s order for product(s) listed in the Shipment Confirmation by the delivery date set out in the Shipment Confirmation or, if no estimated delivery date is specified, within 2 to 6 business days of the date of the Shipment Confirmation. Delivery might be subject to delay up to 20 business days.
Reasons for delay could include:
- Customization of products;
- Specialized products;
- Unforeseen circumstances; or
- Delivery area.
The User is able to track his/her order by contacting Company via the contact information provided on nomadiya.com “Contact Us” webpage on the Site.
The product shall be delivered to the delivery address provided by the User.
Multiple transactions may result in multiple postings to the cardholder’s monthly statement.
7. UNABLE TO DELIVER
In case a delivery attempt is unsuccessful. User’s package will be returned to the warehouse. For lost or missing packages, Company will provide User with the information of the carrier and tracking number associated with his/her order so that he/she may contact them directly to track the package.
Nomadiya.com will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries.
8. RISK AND TITLE
The product(s) will be at User’s risk from the time of delivery. Ownership of the product(s) will only pass to User when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, whichever event occurs later in time.
9. PRICE AND PAYMENT
Prices on the Site or Mobile App are displayed by EUR.
The price of the products shall be the one quoted from time to time on the Website or Mobile App, except where there is an error. While Company takes care to ensure that all prices quoted on our Website or Mobile App are accurate, errors may occur. If Company discovers an error in the price of any product(s) User have ordered, Company will inform User as soon as possible and give him/her the option of reconfirming the order at the correct price or cancelling it. If Company is unable to contact User, the order will be treated as cancelled and if User has already paid for the product(s), he/she will receive a full refund.
Company is under no obligation to sell the product(s) at the incorrect (lower) price (even after sending a Shipment Confirmation).
Every order placed through the Site or Mobile App may be subject to taxes and customs duties applicable upon the product’s arrival at destination. User shall be responsible for and bear the possible customs duties and taxes related to an item delivery. Company shall not be responsible for checking and informing User of the applicable customs duties and taxes. Therefore, Company suggests that User seek this information from the competent authorities in your country.
Payment may be effected by payment card (online payment through payment provider / Areeba e-payment). Online payments are accepted using Visa and MasterCard credit/debit card in USD(or any other agreed currencies).
If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
Cash on delivery payment options are available only for delivery in Lebanon.
In the event of payment with payment cards, the due amount shall be debited upon the placement of User’s order. If the payment card is rejected by the competent authority the order shall be automatically cancelled. In all and any cases neither party can introduce any action claiming any damages.
Multiple transactions may result in multiple postings to the cardholder’s monthly statement.
10. RETURNS, CANCELLATION AND DAMAGE
Return: Returns can take place if the product is damaged, if it does not correspond to User’s order or if it does not correspond to the user’s liking. You will have a right to return an item purchased on the website within fourteen (14) days from the date of delivery.
The cost of return will be the User’s responsibility (Post or Transporter), unless the package delivered does not conform to the original order, or it is damaged. Only then will we cover those costs. You must take reasonable care of all goods in your possession and return them to Company unused, unworn, unwashed, and undamaged. They must be returned in their original packaging and in original condition, including: hangers, hangtags on garments, shoe boxes, dust bags, cases, and gift boxes.
The user must contact the company directly by sending an email to info@nomadiya,com in all cases of Returns and Refunds.
When returning item to mentioned address, User must print order confirmation and put it in the Parcel/Package. Order Confirmation can be found in User’s “order history” on the website.
In case a return is done after 14 days, reimbursement to the User cannot take place.
The return of the items is the User’s responsibility, if any problem occurs during return delivery the Company is not held responsible.
Reimbursements: after the User returns the item, the company will take 5 to 10 days to process the returned package and verify that the returned item is unused, unworn, unwashed, and undamaged. Only then will the User be reimbursed. The company will send an email to the User when and if the Reimbursement takes place.
Reimbursement will be made through The original mode of payment.
Cancellation: You can only cancel items or orders that haven't entered the shipping process yet. Afterwards, in case of cancelation User will have to go through the Return or Refund procedure mentioned above.
Company will not accept any responsibility for any wear and tear, accidental damage, or failure on your behalf, or any third party, to adhere to any written recommendation provided in relation to the goods.
Exchange: The Company accepts exchanges, for a new size/color or different item. User will have to go through the Return & Refund procedure mentioned above.
11. LIABILITY AND DISCLAIMERS
Due to the open nature of the Website and/or Mobile App, and the potential for errors in the storage and transmission of digital information, Company does not warrant the accuracy and security of information transmitted to or obtained from the Website or Mobile App unless otherwise expressly set out on the Website or Mobile App.
Similarly, Company cannot be held liable for any inconvenient or damage caused by the use of the internet network.
12. INTELLECTUAL PROPERTY
The Site and Mobile App, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials"), is Company’s property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under the Lebanese Law and/or foreign laws. Except as otherwise provided on the Site, the Mobile App, or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site or Mobile App in whole or in part, for any public or commercial purpose without the specific prior written permission of Company. Company grants you a personal, limited, non-exclusive, nontransferable license to access the Site and/or Mobile App and to use the information and services contained on the Site and/or Mobile App. Company reserves the right, for any reason or for no reason, in Company’s sole discretion and without notice to you, to revise the products and services described on the Site or Mobile App and to terminate, change, suspend or discontinue any aspect of the Site or Mobile App, including, but not limited to, the Materials on the Site or Mobile App as well as features and/or hours of availability of the Site or Mobile App, and Company will not be liable to you or to any third party for doing so. Company may also impose rules for and limits on use of the Site or Mobile App or restrict your access to part, or all, of the Site or Mobile App without notice or penalty. Company has the right to change these rules and/or limitations at any time, in Company’s sole discretion.
As between Parties, (or any other company whose marks appear on the Site or Mobile App), Company (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site or Mobile App, and is the copyright owner or licensee of the Materials on the Site or Mobile App, unless otherwise indicated. The Company logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Company Intellectual Property") are owned by Company. User agrees not to display or use the Company Intellectual Property in any manner without Company’s prior permission. Nothing on the Site or Mobile App should be construed to grant any license or right to use any Company Intellectual Property without the prior written consent of Company.
Except as otherwise provided herein, use of the Site or Mobile App does not grant you a license to any Materials or features you may access on the Site or Mobile App and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, features or materials, in whole or in part. Any commercial use of the Site or Mobile App is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials or screens for any purpose except as otherwise provided by Company. If you make use of the Site or Mobile App, other than as provided herein, in doing so you may violate copyright and other Lebanese Laws, and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site or Mobile App including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law. This does not prevent you from using the Website or Mobile App to the extent necessary to make a copy of any order.
Company makes no claim that the Site or Mobile App may be lawfully viewed or that content may be downloaded outside of Lebanon. Access to the content may not be legal by certain persons or in certain countries. If you access the Site or Mobile App from outside Lebanon, you do so at your own risk and you are responsible for compliance with the laws of the jurisdiction.
13. COPYRIGHT AND/OR TRADEMARK INFRINGEMENT
If you believe a work on the Site or Mobile App constitutes infringement of your copyright, trademark or other intellectual property rights please provide our Designated Agent with a written communication containing the following information:
- Evidence of your authorization to act on behalf of the owner of the copyrighted work or trademark;
- A description of the copyrighted work or trademark that you claim has been infringed;
- description of where the alleged infringing material is located on the Site or Mobile App, including the permalink where the material is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or trademark owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or trademark owner or authorized to act on the owner's behalf; and
- Your physical or electronic signature.
Company’s Designated Agent for notice of claims of copyright infringement and trademark infringement can be reached at [Info@nomadiya.com
You agree to indemnify and hold Company, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your (including your dependents’ or agents’) violation of these Terms or the posting or transmission of any materials on or through the Site or Mobile App by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
15. WRITTEN COMMUNICATIONS
When using our Site or Mobile App, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website or Mobile App, push notifications or messages. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
16. POSTED CONTENT AND SUBMISSIONS
As part of your use of the Site or Mobile App and services offered on the Site or Mobile App, you may upload, post, distribute or disseminate (collectively, "Post") content and material (including but not limited to, photographs, images you have taken, captions and comments), or you may send or email the Company material (including but not limited to, photographs you have taken, articles you have written, captions, and comments) which Company, at its discretion, may allow you to post (collectively, the "Posted Content") on the Site or Mobile App. You hereby grant Company a right (including any moral rights) and worldwide license to use the Posted Content on the Site or Mobile App and to promote and advertise the Site or Mobile App and Company in any way.
You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following:
- Post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner's permission (including requisite consents and releases) to post it;
- Post any material that reveals a trade secret, unless you own the trade secret or have the owner's permission to post it;
- Post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another;
- Post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person or entity;
- Post any chain letter or pyramid scheme; or
- Post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Company does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. Company does not confirm that each user is who he or she claims to be. Company exercises a great effort to protect Posted Content from being misused. However, if misuse has occurred Company is in no way liable for such misuse. Because Company is not involved in user-to-user dealings and does not control the behavior of participants on the Site or Mobile App, in the event that you have a dispute with one or more users, you release Company from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. Company acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If Company becomes aware of any Posted Content that allegedly may not conform to these Terms, Company may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Company has no liability or responsibility to users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled or deceptively labeled. Company expects that you will use caution and common sense when using the Site and Services.
COMPANY HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST COMPANY FOR SUCH REMOVAL AND/OR DELETION.
COMPANY IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE OR MOBILE APP. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR MOBILE APP.
We are pleased to hear from our visitors and welcome your comments. Because of the large number of ideas and works that Company has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion or submission that you may make through the Site or Mobile App is similar to information, ideas or suggestions already known to us. By disclosing any information, idea, suggestion or other material through the Site or Mobile App, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, Company by virtue of such submission. Moreover, no liability shall result from the use of such information, ideas or suggestions by Company.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Any dispute that arises in connection with the interpretation, application and implementation of these terms shall be exclusively governed by Chapter fourteen of the Lebanese Consumer Protection Law number 659 dated February 4, 2005. Based on the foregoing, any claim which amount is less than three million Lebanese Pounds (LBP) (actually USD 2000) or their equivalent in any other currency, shall be settled though a mediation procedure. As regards the claims which amount is more than three million Lebanese Pounds (LBP) or their equivalent in any other currency or whenever the mediation does not reach a total agreement between the parties in dispute even though the value of the dispute is less than the above said amount, such dispute shall then be submitted to the Dispute Settlement Committee as mentioned in articles 97 to 103 of the Consumer Protection Law.
Pursuant to the provisions of article 103 of the Consumer Protection Law, should a convicted person refuse to execute the final judgment pronounced against him within a period of ten days following notification of the judgment, he/she/it shall incur, by law, a mandatory fine amounting to 3% of each unsettled amount.
19. BINDING NATURE; ASSIGNMENT
20. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a "Force Majeure Event"). A Force Majeure Event shall include any act, event, non- happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
No failure of Company to enforce any of its rights or remedies under these Terms or the Gift Card Terms will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms or Gift Card Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms or any provisions of an order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
23. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that, in entering into these Terms, neither you nor us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms, except as expressly stated in these Terms.
You acknowledge and agree that your use of the Site and/or Mobile App may involve you providing an “electronic signature” indicating your desire to use the Site and/or Mobile App. Your “electronic signature” indicates your acceptance of these Terms, and your consent to receive communications about these Terms electronically. If you wish to receive communications in another manner, you may contact the Company via the contact information provided on nomadiya.com “Contact Us” webpage on the Site to change your communication preferences.
23. QUESTIONS AND FEEDBACK
We welcome your questions, comments and feedback. Please send all questions, comments and feedback to us via the contact information provided on our "Contact Us” webpage.
Last updated June 2018