Last updated: JUNE 16, 2022
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.forHABIBI.com website (the “Service”) operated by Habibi Lux Products LLC (“us”, “we”, or “our”) DBA HABIBI New York and/or HABIBI NY.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mis-priced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
We reserve the right to cancel, edit, or update the order if product is out of stock or no longer available.
Subscription Terms
Habibi NY provides a subscription service. By subscribing to our service, you have confirmed that you accept our Terms of Service. Your membership will automatically renew on a recurring basis at which time your credit
card will be charged automatically for the subscription products, including applicable shipping and handling fees until you cancel your membership. You may cancel your membership at anytime by logging in to your account, selecting Subscriptions, then clicking cancel next to the item.
In the event a subscription is cancelled after it has shipped, the product would have to be shipped back at the cost of the customer and once the product is received back by us, the product charge will be refunded. However, the shipping/handling fee will not be refunded.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
Free Gift Promotions
For any FREE GIFT WITH PURCHASE promotions, we reserve the right to cancel or omit the free gift if the purchase or order does not meet the eligibility requirements such as minimum purchase amount, quantity of products, specific product purchase.
If we are out of stock with the free gift in the promotion, we reserve the right to substitute the gift with another gift of equal or lesser value.
If a return is made on a purchase and the order is no longer eligible for that free gift promotion, you, as the customer, are responsible to send the free gift(s) back with the purchased item. By not returning the free gift(s), you agree that the price of those items as listed on our website, will be deducted from your refund amount.
It is understood, that any free gift(s) are only eligible for only one (1) quantity per customer. If you, as the customer, change the quantity of the free gift(s), you agree that we, as the merchants, reserve the right to limit the quantity of the free gift(s) to only one per customer.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to trademarks@tmthespot.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):