General terms and conditions of sale
This document establishes the general terms and conditions governing your use of the website tagprive.com (hereinafter referred to as the “Website”) and the purchase of products on it (hereinafter referred to as the “Conditions”) made available by Kasaka SAL and its subsidiaries and affiliates (hereinafter collectively referred to as “Kasaka”).
When using this Website or placing an order on it, you are immediately and unconditionally bound by these Conditions and our Data Protection Policies. In the event you are not in agreement with all or part of the Conditions and/ or with the Data Protection Policies, do not use this Website.
We reserve the right to add to, delete or change the Data Protection Policies from time to time, at our sole and absolute discretion. As such, you should check these Data Protection Policies from time to time for such changes. In the event you choose to use this Website after the new terms and conditions have come into effect, you will be indicating your agreement to be bound by the new Data Protection Policies. These Data Protection Policies expressly supersede any prior agreement or arrangement with you. When using this Website or placing an order on it, you are immediately, irrevocably and unconditionally bound to the Data Protection Policies
2. OUR DETAILS
Sale of goods through this Website is carried out under the name Tag Prive by Kasaka SAL, a joint stock liability company with registered address at 404 Tajer Building, Clemenceau, Beirut, Lebanon, with e-mail address email@example.com, with website www.tagprive.com, with telephone number +9611365924.
3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
The information or personal details that you provide us with, shall be processed in accordance with the Data Protection Policies. When you use this Website, you expressly agree to the processing of the information and details, and you represent and warrant that all information and details provided are
true, accurate, complete, correct and correspond to reality.
You shall be at all times solely liable for any missing and/ or false and/ or inaccurate and/ or incorrect information entered from your side on the Website, and therefore, you shall solely bear any consequences whatsoever thereof.
4. USE OF OUR WEBSITE
When you use this Website and place orders on it, you agree and undertake, at all times, to:
i.Use this Website to make enquiries and legally valid orders only.
ii.Not to make any false or fraudulent orders. Products purchased are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit If an order of this type has been reasonably considered to have been placed, we shall be authorized to cancel it and inform the competent authorities. You hereby undertake to hold us (and our shareholders, directors, employees, agents, partners and/ or affiliates) harmless from any cost, expense, damage, loss or liability whatsoever arising from or related to any breach of these provisions from your side.
iii.Provide us with your email address, postal address and/or other contact details correctly, truthfully and exactly.
In the event you fail to provide us with all requested information, you will not be able to place your order.
5. SERVICE AVAILABILITY
Delivery service for the articles offered on this Website is available in Lebanon only.
6. FORMALISING THE CONTRACT
When you place an order on this Website, you represent and warrant that you are over the age of 18 and are legally eligible to enter into binding contracts.
By placing an order, you are offering to purchase a product subject to the herein terms of the Data Protection Policies. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: This email will only be an acknowledgement and will not constitute acceptance of
your order. A contract between us will not be formed until we send you a confirmation by e-mail that the product(s) which you ordered are being processed (the “Contract”).
All orders are subject to availability and confirmation of the order. Items in your shopping bag are not reserved and may be purchased by other customers. You can cancel an item, change the size or even edit the billing or shipping details prior to the payment. However, once the order has been placed, we will not be able to add pieces to an existing order. You may cancel an order as long as it hasn’t been dispatched for delivery.
You hereby acknowledge and agree that the Data Protection Policies, and the Contract constitute the entire, written and binding agreement between us.
7. TECHNICAL MEANS TO CORRECT ERRORS
If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service, via telephone or email address above mentioned, to correct the error.
For the avoidance of doubt, you shall, at all times, solely bear any consequence whatsoever arising from or related to any error of any kind made by yourself while using the Website.
8. PROCESSING THE ORDER
We will always try our best to process all orders. In the event any difficulties or impossibilities present themselves regarding the supply of the ordered products, we reserve the right to refuse to process an order. Alternatively, we may from time to time contact you and provide you with details on products
deemed to be equivalent to the ordered products in terms of function, quality and value for money. If you do not wish to order the suggested substitute products, we will reimburse you any amount that you may have paid.
In any case, you shall not be entitled to any compensation or indemnity in any type or form whatsoever.
Notwithstanding Clause 8, we will endeavor to deliver the ordered product(s) on the date indicated in the confirmation email. In any case, and if no delivery date was specified, the ordered product(s) will be delivered to you within a maximum period of 7 working days from the date the confirmation email has
been sent to your address. Kindly note that we do not make deliveries on Saturdays, Sundays or bank holidays, and in the event the date indicated on the confirmation email or in the event the maximum period of 7 days happens to fall on a Saturday, Sunday or a bank holiday, then the product(s) will be
delivered on the business day falling right after the Saturday, Sunday or bank holiday.
Nonetheless, there may be delays for reasons, such as the occurrence of any unforeseen circumstances, and in which case, you shall not be entitled to any compensation or indemnity whatsoever.
If for any reason we are unable to abide by the indicated delivery date or the estimated timeframe, we will inform you of that and will only then give you the choice to either proceed with the purchase with a new scheduled delivery date, or to cancel the order with a full reimbursement of the amount paid and with no compensations or indemnities whatsoever.
For the purpose of these Conditions, the “delivery” shall be understood to have taken place or the order “delivered” as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by
10. INABILITY TO DELIVER
If we were not able to deliver your ordered product(s), for any reason whatsoever, we shall inform you in writing of such situation by way of an email sent to the email address you have provided us with. This email will also inform you of the product(s) whereabouts and what to do to have it delivered again. In case you were not able to be at the place of delivery at the agreed time, we ask you to contact us to re-schedule delivery.
In the event your order was still not delivered to you, and for reasons not attributable to us, seven days following the receipt of our first email informing you of such, we shall assume your wish of cancelling the contract, which in this case will be terminated without the need for prior notice or any judicial or
non-judicial recourse. Consequently to the Contract’s termination, we will reimburse you any payments you may have made, including delivery charges (except for any additional charges resulting from your choice of any delivery method other than the ordinary delivery method that we offer) without any
undue delay and within 14 days of the date the Contract has been deemed terminated. In such case, you shall not be entitled to any compensation or indemnity whatsoever in relation to the termination of the Contract.
It is to be noted that you will be liable for all and any additional delivery charges and expenses accrued while trying to re-deliver your ordered product(s) according Section 9 of this document.
For purposes of these Data Protection Policies, all emails sent to the address you have provided us with, shall be deemed delivered and received within 24 hours of sending it.
11. PRICE AND PAYMENT
All prices will be as stipulated at all times on the 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, error may occur. If we discover an error in the price of any of the products that you may have ordered, we will inform you as soon as possible of such and give you the option to either confirm your order at the corrected price or to cancel it. If we were unable to contact you for any reason whatsoever, your order will be deemed as cancelled and all amounts that you may have paid will be reimbursed to you in full. In such case, you shall not be entitled to any compensation or indemnity whatsoever.
Payments are accepted through both Visa and MasterCard. The transactions through both Visa and MasterCard are carried out through a secure checkout system provided by Bank of Beirut. After you complete your order at the Website and reach the checkout stage, you will be redirected to Bank of
Beirut’s Secure Payment Page where you key-in your credit/debit card information, submit the order for processing, and receive a confirmation or denial message. Bank of Beirut is a provider for online payment cards processing for Visa and MasterCard over an Encrypted Connection using 256 bit keys, and a Secure Channel TLS version 1.2
We are not obliged to provide you with any product at the incorrect lower price if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price.
The prices on the Website are inclusive of VAT, but exclude delivery charges, which are added to the total price as indicated at checkout.
Prices may change at any time at our sole and absolute discretion. However, the changes shall not affect the orders for which a confirmation email has been already sent thereto, except in the cases above mentioned.
12. EXCHANGE/RETURN POLICY
12.1 Statutory right of returns
Right of returns
Following the delivery of the ordered product(s) to the indicated address, you shall have the right to withdraw from such order, and on an order per order basis, within ten (10) days of the physical possession of the product(s), except for the products mentioned under clause 12.2 below and for which the right of withdraw is excluded. Following this period of ten days, your right of withdrawal shall expire.
To notify us of any event of withdrawal, kindly send us a written notification thereof to the address or email above mentioned. In the former case, your right of withdrawal shall be only accepted in the event your notification was sent by way of an official letter with acknowledgment of receipt.
Effects of returns
Within ten (10) days of receipt of your notification, we shall send you an email either refusing the withdrawal or preliminarily accepting it – awaiting the physical inspection of the product(s) subject matter of return. In the latter case, all returned goods shall be returned as detailed under paragraph 12.2
below, without undue delay and in any event no later than fourteen (14) days from the day of receipt of our preliminary approval email. The returned product(s) shall be only accepted if they were returned in the conditions mentioned under 12.2 below. You will be notified of such within ten (10) days of receipt of the product(s) subject to return.
In the event the returned product(s) were accepted for return, the Contract shall be deemed terminated in relation to such product(s) only, whereby the other product (if any) included in the same order shall not be included in such termination. In this case, and within ten (10) days of receipt of the email
informing you of such termination, we will arrange for a refund in store credits of any payments you may have made, excluding delivery charges.
12.2 Common provisions
At all times, you shall not have the right to withdraw from the Contract when it is related to sealed goods which are not suitable for return due to hygiene reasons, and were unsealed after delivery.
Your right to withdraw from the Contract shall apply exclusively to the products that are returned in the exact same condition in which you received them. No reimbursement will be made if the product (i) has been used once, or (ii) has been opened, or (iii) is not in the same condition as delivered to you, or (iv)
has been damaged. Please return the products using or including all their original packaging, instructions and other documents, if any, accompanying the products. In any case, you must send the returned product(s) together with the receipt included with your order upon delivery. A summary on exercising
this cancellation right will be included with the order.
Upon cancellation, the respective products shall be returned as follows:
- Returns at the store in Lebanon: You may return any product to our store located in Emporio Armani ABC Dbayeh, or Tag Privé in Clemenceau (see our Contact Us page) Lebanon, and present with the product(s) the receipt included with your order upon delivery.
- Returns by courier: If you opt to return the product(s) by courier, kindly fill the RETURN FORM (found on the Website) and arrange for the product to be sent to our Clemenceau address as indicated in our Contact Page. You should send the product in its original packaging and follow the directions indicated above.
Except if otherwise expressly mentioned, all reimbursements shall be carried through the same means of payment used for the payment of the product(s) while placing the order.
You shall at all times solely bear any and all risks, costs or expenses related to the returning of the goods to us and therefore, any additional costs incurred by us due to such cancelation or withdrawal from your side will be deducted from the reimbursed amount.
You are at all times liable for any diminished value of the goods resulting from your handling of said goods and/ or from any faulty act or omission from your side.
12.3 Returns of defective products
In the event any ordered product(s) was deemed damaged or defected upon delivery, you must contact us immediately on +961 1 369488 or alternatively by filling the RETURN FORM in order to arrange for its return by way of any of the options above mentioned.
13. LIABILITY AND WAIVING LIABILITY, STATUTORY CONSUMER RIGHTS
Without prejudice to the provisions of the Conditions, and unless otherwise indicated expressly in these Data Protection Policies, our liability regarding any product acquired on the Website shall be at all times strictly limited to the price of purchase of said product.
Notwithstanding any applicable legal or contractual provision, we (and our shareholders, directors, employees, agents, partners and/ or affiliates) shall not be held liable for any loss of income, operating loss, loss of profits or contracts, loss of forecast savings, loss of data and loss of business or management time regardless of their origin.
Due to the open nature of this Website and the possibility of errors in storage and transmission of digital information, we (and our shareholders, directors, employees, agents, partners and/ or affiliates) do not warrant the accuracy and security of the information transmitted or obtained by means of this Website, unless otherwise indicated expressly on this Website, and shall not be held liable at any time for any cost, loss, expense, damage, or harm whatsoever related thereto.
All product descriptions, information and materials shown on this Website are provided “as is” and “as available”, with no express or implied warranties on the same, except those legally established. It is being expressly understood between the parties that the goods are in conformity with the Contract if they: (i) comply with the description given by us and possess the qualities that we have presented in this Website, (ii) are fit for the purposes for which goods of this kind are normally used and (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected.
To the extent permitted by law, we exclude all warranties, except those that may not be excluded legitimately.
14. INTELLECTUAL PROPERTY
You recognise and agree that any and all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the Website (hereinafter referred to as the “Intellectual Property Rights”) belong exclusively and solely at all times to us and/ or to those who grant
us the license for their use. You may use said material only to the extent that we or the usage licensers authorise expressly. This does not prevent you from using this Website to the extent necessary to copy the information on your order or contact details. The Intellectual Property Rights shall remain at all times our and/ or our licensor sole and exclusive property.
15. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not make undue use of this Website by intentionally introducing viruses, Trojans, worms, logic bombs or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorised access to this website, the server on which the site is hosted or any server, computer or database related to the Website. You agree and undertake not to attack this Website through any attack of denial of service or an attack of distributed denial of service. You agree and undertake to hold us (and our shareholders, directors, employees, agents, partners and/ or affiliates) harmless at all times from any and all costs, expenses, damages, harm, loss, claim or liability whatsoever arising from or related to any breach of these provisions from your side.
Failure to comply with this clause shall be considered an infraction as defined under the applicable laws and regulations. We will then immediately 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, authorisation to use this Website shall be suspended immediately. We shall not be held liable for any damage or harm whatsoever 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 site redirects you, and you shall not be entitled to any compensation or indemnity related thereto.
16. LINKS FROM OUR WEBSITE
This Website may contain links to other websites (the “Linked Sites”), which are not operated by Kasaka. Kasaka has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Accordingly, we shall not be held liable for any loss, cost, expense, damage or harm whatsoever deriving from their use, and you shall not be entitled to any compensation or indemnity whatsoever related thereto.
17. WRITTEN COMMUNICATION
The applicable regulations require that some of the information or notifications that we send to you be in writing. By using this Website, you expressly acknowledge and agree that many of the communications with us will be via electronic means. We will contact you by email or we will provide you with information by way of posting alerts on this Website. For contractual purposes, you expressly accept and agree to use this electronic means of communication.
18. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract is binding for both parties, as well as for our respective successors, transferees and heirs.
You may not at all times assign, transmit, cede, levy or in any other way transfer the Contract or any of the rights or obligations derived from the same, without having obtained our express written consent in advance.
We may assign transmit, cede, levy, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from the same, at any time during the term of the Contract, and such without the need of your prior approval or acknowledgment.
To avoid any doubt, said assignments, transmissions, cessions, levies or other transfers shall not affect your rights as a consumer and recognized by the applicable laws or cancel, reduce or limit in any way the express and tacit warranties that we may have given you.
19. EVENTS BEYOND OUR CONTROL
We shall not be held liable for any non-compliance or delay in compliance with any of the obligations we assume under the Contract when caused by events that are beyond our reasonable control (hereinafter referred to as the “Force Majeure”).
Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including but not limited to:
i.Strike, lockout or other forms of protest.
ii.Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
iii.Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic or any other natural disaster and/or act of God.
iv. Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
v.Inability to use public or private telecommunication systems.
vi.Acts, decrees, legislation, regulations or restrictions of any government or public authority.
vii.Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted.
20. WAIVING RIGHTS
The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of the Contract or of these Data Protection Policies or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Data Protection
Policies shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations.
The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Data Protection Policies.
Should any section of these Data Protection Policies or any provision of the Contract be declared null and void by firm resolution from the competent authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.
If any unlawful and/or unenforceable section of the Data Protection Policies or any provision of the Contract would be lawful or enforceable if part of it were deleted, that part shall be deemed deleted, and the rest of the section or provision will continue in effect.
22. ENTIRE CONTRACT
The Data Protection Policies constitute the entire agreement and supersede any and all preceding and contemporaneous agreements between us. Any waiver of any provision of the Data Protection Policies will be effective only if in writing and signed by a Director of Kasaka.
23. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to solely review and modify the Data Protection Policies at any time and such at our sole and absolute discretion. Terms of the Data Protection Policies upon entering the Contract shall remain the same up until the product(s) is delivered and any returns and reimbursements have been
made, except when by law or decision of governmental entities amendments should be made retroactively. In this case the amendments will be also affecting such Contracts entered into previously.
In all cases, and in case of any amendment of the Data Protection Policies, you shall not be entitled to any compensation or indemnity whatsoever.
You shall be subject to the Data Protection Policies at all times while using this Website and/or placing an order.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments by contacting our Customer Support by phone on +961 1 369488 or by emailing us on firstname.lastname@example.org.
25. APPLICABLE LEGISLATION AND JURISDICTION
The Conditions, the use of the Website and the Contract shall be governed by and construed in accordance with the applicable Lebanese legislation.
Any controversy or conflict that arises from or is related to the Data Protection Policies, the use of the Website or the Contract shall be attempted firstly to be resolved amicably as indicated under paragraph 20 above. If all amicable measures fail, the dispute will be subject to the exclusive jurisdiction of the
Chamber of Agriculture, Commerce and Industry of Beirut and Mount Lebanon.