WEBSITE TERMS OF USE
The purpose of these Website Terms of Use is to inform any potential user of the terms of use of the website, whether as a guest or as a registered user ("Terms"). Please read these terms of use carefully before you start to use the Web Site.
NLC SAL may revise these Terms from time to time by updating this posting, with the revised Terms taking effect as of the date of its posting. By accessing or using any part of this site, you signify your acceptance and your compliance with these Terms of Use which constitutes a binding contract with us. If you do not agree to these Terms, you may not use the Web Site. And if you do not wish to be bound by these Terms of Use, please do not access or use any part of the website or any of the services provided by or through the Website.
INFORMATION ABOUT US
www.nadalecavelier.com is a site operated by NLC SAL (and by future affiliated companies). NLC SAL is registered in Beirut under company number …64364...and its registered office is at Ashrafie, Sursock St, Nammour Bldg.
ACCESSING OUR SITE
Access to the Web Site is permitted on a temporary basis and NLC SAL reserves the right to withdraw or amend at its discretion the service that NLC SAL provides on the Web Site without notice (see below). NLC SAL will not be liable if for any reason the Web Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Web Site. You are also responsible for ensuring that all persons who access the Web Site through your internet connection are aware of these terms, and that they comply with them.
Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting the products and services of NLC SAL.
NLC SAL makes no representation that NLC SAL’s Material is appropriate or available for use in every country of the world. You use this Web Site at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to NLC SAL’s Material may not be legal by certain persons or in certain countries. Although our products are available in many parts of the world, this Web Site may however describe products that are not available world-wide.
INTELLECTUAL PROPERTY RIGHTS
NLC SAL and/or any of its subsidiaries or affiliates, is the owner or the licensee of all intellectual property rights in the Web Site and its products (including without limitation drawings, designs, illustrations, photographs, text, computer code, soundtracks, graphics, trademarks, logos, service marks and copyright), and in the material published, whether on the Web Site or on paper. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may download one computer copy or print one copy of the material on this Web Site for your own non-commercial, educational, private or domestic use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. NLC SAL's status (and that of any identified contributors) as the authors of material on the Web Site must always be acknowledged. You should assume that everything you see or read on the Web Site (such as images, photographs, illustrations, icons, texts, written and other materials) NLC SAL's Material" is protected notably under copyright and trademark legislation and internationally under treaty provisions, unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, report or otherwise use any of NLC SAL's Material in any way for any public or commercial purpose. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Furthermore, you may not use or display NLC SAL 's Material on any other web site or in a networked computer environment for any purpose.
If you violate any of these Terms, your permission to use NLC SAL 's Material will automatically terminate and you must immediately destroy any copies you have made of NLC SAL 's Material. Any unauthorized use of NLC SAL’s Material by you may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not establish a link to the Web Site from a third party site without NLC SAL 's prior written permission.
DISCLAIMER
The information on the Web Site is intended for general information purposes only. NLC SAL tries to ensure that the information on the Web Site is accurate and complete. (Name of company)does not warrant or represent that NLC SAL 's Material is accurate, error-free or reliable or that your use of NLC SAL 's Material will not infringe on rights of third parties. Your use of the Web Site is at your risk. NLC SAL does not warrant that the functional aspects of the Web Site or NLC SAL's Material will be error free or that this Web Site, NLC SAL's Material or the server that makes it available are free of viruses or other harmful components. If your use of this Web Site, or NLC SAL's Material results in the need for servicing or replacing property, material, equipment or data, NLC SAL is not responsible for those costs. Without limiting the foregoing, the material displayed on the Web Site is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY, GUARANTEE OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ITS ACCURACY, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. NLC SAL and its suppliers make no warranties about NLC SAL's Material, software text, downloads, graphics, and links, or about results to be obtained from using the Web Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Commentary and other materials posted on the Web Site are not intended to amount to advice on which reliance should be placed. NLC SAL therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Web Site, or by anyone who may be informed of any of its contents.
LIMITATION OF LIABILITY
To the extent permitted by law, NLC SAL and third parties connected to NLC SAL hereby expressly exclude:
• all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
• any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Web Site or in connection with the use, inability to use, or results of the use of the Web Site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time; and,
• for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above
THE WEB SITE CHANGES REGULARLY
NLC SAL aims to update the Web Site regularly, and may change the content at any time. If the need arises, NLC SAL may suspend access to the Web Site, or close it indefinitely. Any of the material on the Web Site may be out of date at any given time, and NLC SAL is under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEB SITE AND NLC SAL STORES
NLC SAL processes information about you in accordance with the Privacy Policy (see below). By using the Web Site or providing any personally identifiable information in-store, you consent to such processing and you warrant that all data provided by you is accurate.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the Web Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Web Site, the server on which the Web Site is stored or any server, computer or database connected to the Web Site. You must not attack the Web Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and NLC SAL will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Web Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Web Site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO THE WEB SITE
You may link to NLC SAL's home page, provided you do so in a way that is fair and legal and does not damage NLC SAL's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on NLC SAL's part where none exists.
You must not establish a link from any website that is not owned by you.
The Web Site must not be framed on any other site, nor may you create a link to any part of the Web Site other than the home page. NLC SAL reserves the right to withdraw at its discretion linking permission without notice.
If you wish to make any use of material on the Web Site other than that set out above, please address your request to NLC SAL.
LINKS FROM THE WEB SITE
Where the Web Site contains links to other sites and resources provided by third parties, these links are provided for your information only. NLC SAL has no control over and assumes no responsibility for, the content,privacy policies or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in use of or reliance on any such content, goods or services available on or through any such websites or services.
PROHIBITED CONTENT
You shall not:
• – engage in spidering, “screen scraping”, “database” scraping, harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging–in or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website;
• Obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the website through any means;
• Use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, impair the Website or such services, or interfere with any other party’s use and enjoyment of the Website including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
• Use the Website or the Website’s services or features in violation of NLC SAL’s or any third party’s intellectual property or other proprietary or legal rights or,
• Use the Website or the Website’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Website and the content, or make unauthorized use thereof. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provide for through the Website.
JURISDICTION AND APPLICABLE LAW
Lebanon competent courts in Beirut, will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Web Site or in-store although NLC SAL retains the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the Laws of England.
VARIATIONS
NLC SAL may revise these Terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes NLC SAL has made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Web Site.
YOUR CONCERNS
If you have any concerns about material which appears on the Web Site, please contact Nada Le Cavelier at 961 1 200821.
PRIVACY POLICY
NLC SAL (and future affiliated companies) are committed to protecting and respecting your privacy.
This privacy policy (together with NLC SAL's terms of use http://www.nadalecavelier.com/terms and any other documents referred to on it) sets out the basis on which any personal data NLC SAL collects from you, or that you provide to NLC SAL either through the Web Site or in-store will be processed by NLC SAL Please read the following carefully to understand NLC SAL's views and practices regarding your personal data and how NLC SAL will treat it.
For your inquiries concerning the above, you may contact our nominated representative Mrs Valerie Le Cavelier who can be reached at bijoux@nadalecavelier.com
INFORMATION WE MAY COLLECT FROM YOU
NLC SAL is committed to protecting the privacy of visitors to its Web Site and in-store. NLC SAL analyses aggregate and non-personally identifiable data relating to usage of the Web Site. In accordance with data protection legislation personal information is collected with the knowledge and authorization of users upon registration to the Web Site. Information provided at the time of registration or submission will not be used for any unsolicited communication. Such data is kept secure at all times and is only used for purposes relating to NLC SAL.
NLC SAL does not sell, rent or otherwise make available any personal data submitted by visitors to its Web Site or in-store to any third parties. In all cases, and upon request, NLC SAL will remove your personal information from its database thereby canceling your registration.
We may collect and process the following data about you:
• Information that you provide by filling in forms on the Web Site or in-store. This includes information provided at the time of registering to use the Web Site or providing NLC SAL with your details in-store when purchasing goods.
• If you contact NLC SAL, NLC SAL may keep a record of that correspondence.
• Details of your visits in-store.
• Details of your visits to the Web Site [including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise] and the resources that you access.
WHERE NLC SAL STORES YOUR PERSONAL DATA
The data that NLC SAL collects from you may be transferred to, and stored at, a destination inside the European Economic Area ("EEA").
It may also be processed by staff operating outside the EEA who work for NLC SAL or for one of NLC SAL's suppliers. By submitting your personal data to NLC SAL either via the Web Site or in-store, you agree to this transfer, storing or processing. NLC SAL will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
Unfortunately, the transmission of information via the internet is not completely secure. Although NLC SAL will do its best to protect your personal data, NLC SAL cannot guarantee the security of your data transmitted to the Web Site; any transmission is at your own risk. Once NLC SAL has received your information, NLC SAL will use strict procedures and security features to try to prevent unauthorized access.
USES MADE OF THE INFORMATION
NLC SAL uses information held about you in the following ways:
• To ensure that content from the Web Site is presented in the most effective manner for you and for your computer.
• To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
• To carry out NLC SAL's obligations arising from any contracts entered into between you and NLC SAL.
• To notify you about changes to NLC SAL services.
NLC SAL may also use your data to provide you with information about goods and services which may be of interest to you and NLC SAL may contact you about these by post.
NLC SAL will only contact you by electronic means (e-mail or SMS) with information about goods and services consistent with those provided or offered in-store.
NLC SAL will not pass your details on to third parties for marketing purposes without your prior consent.
DISCLOSURE OF YOUR INFORMATION
NLC SAL may disclose your personal information to any member of the NLC SAL group, which means our future affiliates and/or subsidiaries.
NLC SAL may disclose your personal information to third parties:
• In the event that NLC SAL sells or buys any business or assets, in which case NLC SAL may disclose your personal data to the prospective seller or buyer of such business or assets.
• If NLC SAL or substantially all of its assets are acquired by a third party, in which case personal data held by it about NLC SAL's customers will be one of the transferred assets.
• If NLC SAL are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the Terms of Use.
YOUR RIGHTS
You have the right to ask NLC SAL not to process your personal data for marketing purposes. NLC SAL will usually inform you (before collecting your data) if NLC SAL intends to use your data for such purposes or if NLC SAL intends to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms NLC SAL use to collect your data. You can also exercise the right at any time by contacting Nada Le Cavelier at bijoux@nadalecavelier.com.
Furthermore, upon request, registered visitors may access and/or correct any erroneous information.
CHANGES TO OUR PRIVACY POLICY
Any changes NLC SAL may make to this privacy policy in the future will be posted on the Web Site or, where appropriate, notified to you by e-mail.
CONTACTS
All questions and/or comments and/or requests relating to these Terms of Use are welcomed and should be addressed to our Customer Service in the “Contact Us” section of the Website, through telephone, e-mail.
TERMS AND CONDITIONS FOR BOUTIQUE AND ORDER SALES
Definitions
"Buyer"means the person purchasing any of NLC SAL goods.
NLC SAL means Nada Le Cavelier SAL.
"Personalized Jewellery" means any items of jewellery that is created or altered by NLC SAL in accordance with the Buyer's specifications (this includes but is not limited to items with customized design).
"Website" means the website at www.nadalecavelier.com
Basis of Contract
• These Conditions apply to the contract to the exclusion of any other terms that the Buyer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
• The buyer's order for the goods as set out overleaf ("order") constitutes an offer by the buyer to purchase the goods in accordance with these Conditions. The buyer is responsible for ensuring that the terms of the order and any applicable specification relating to Personalized Jewellery is complete and accurate at the time of submitting the order to NLC SAL.
• The contract shall come into existence strictly upon the Buyer's payment in full being received by NLC SAL.
• Any samples, drawings, descriptive matter, or advertising produced by the NLC SAL and any descriptions or illustrations contained in the NLC SAL's catalogues, brochures or Website are produced for the sole purpose of giving an approximate idea of the goods described in them. They shall not form part of the contract or have any contractual force.
Payment and Delivery
• Risk in the goods will pass to the Buyer on collection or dispatch, title in the goods will not pass to the Buyer until payment is received in full.
• The price of the goods is inclusive of amounts in respect of value added tax (VAT), unless otherwise stated.
Delivery, carriage and insurance costs are the responsibility of the Buyer and are payable at the time of purchase or of placing the order. Any transportation arranged on behalf of the Buyer in relation to the goods is at the sole risk of the Buyer. The Buyer may seek an insurance, unless the Shipping insurance is automatically added to the total amount. Insurance must cover the full price of your purchased item should the item be stolen or lost during shipping.
Import Duties and Customs
The recipients of the purchased jewellery is liable for all import duties, customs or local taxes applied by the country they are receiving the shipment in, and should be paid upon arrival of the package. Some countries may hold the goods until payment is completed. These taxes and duties will not be calculated in your purchase on our website as we are not always able to get this information.
ExchangePolicy
• Products with personalized engravings or modifications will not be exchanged.
• Any other approved exchange should be done within /30/ thirty days of purchase provided your jewel is in perfectly new condition in its package of origin and accompanied by the original sales invoice. Credit notes issued on exchange must be used within twelve months of being issued.
• Where a Buyer has ordered a ring re-sizing, NLC SAL may, at its sole discretion, decide to provide a credit note in exchange for the ring. For the avoidance of doubt, the ring must have been purchased by the Buyer in a NLC SAL store.
• Refunds will only be given against goods which are faulty, and will be subject to proof of purchase; any such refunds will be by the same means of payment as used for the original purchase.
Shipping and Insurance
Shipping and insurance will be automatically added to your total amount once your shipping address has been filled in. Insurance will cover the full price of your purchased item should the item be stolen or lost during shipping.
Cancellation policy
A transaction may be cancelled within the first 12 hours following the time of payment , the full amount will be returned to the customers credit card account. Any fees charged by the clients credit card or banks are not NLC sal's responsibility.
Intellectual Property Rights
• Copyright, trademarks, and other intellectual property rights in all materials or content contained in NLC SAL's catalogues, brochures or Website, are owned by NLC SAL.
• The Buyer may not do any of the following:
• Copy, reproduce, distribute, republish, download, display, post, transmit, commercially exploit or create derivative works of any part of NLC SAL's catalogues, brochures or Website. This prohibition applies, but is not limited, to any photographs, sketches, models and other forms of reproduction whether in 'faux bijoux' (or any other medium ext), graphics, animations, pictures, data, images, audio and video clips available from the catalogues, brochures or Website;
• download, edit, reproduce or use any material and content contained within the catalogues, brochures or Website for the purpose of publicity, advertising, promoting, or for any other commercial purposes; or
• Create and/or publish its own database that features substantial parts of the catalogues, brochures or Website (including without limitation prices and product listings).
• The Buyer may print off one copy, and may download extracts, of any page(s) from the Website for its own personal reference and the buyer may draw the attention of others to material posted on the Website.
Our Liability
• Nothing in these Conditions shall limit or exclude NLC SAL 's liability for:
• Damages due to its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
• fraud or fraudulent misrepresentation;
• Any matter in respect of which it would be unlawful for NLC SAL to exclude or restrict liability.
• NLC SAL shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, loss of savings, or any indirect, special, economic or consequential loss arising under or in connection with the contract.
• NLC SAL's total liability to the buyer in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the goods.
General
• No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
• The contract constitutes the entire agreement between the parties. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of NLC SAL which is not set out in the contract. Nothing in this sub-clause shall limit or exclude any liability for fraud.
• The rights and remedies provided under this contract are in addition to, and not exclusive of, any rights or remedies provided by law.
• If a provision of this contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this contract, and the validity and enforceability of the other provisions of this contract shall not be affected. If a provision of this contract (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
• A person who is not a party to this contract shall not have any rights under or in connection with it.
• NLC SAL may assign any benefit or transfer, delegate or sub-contract any of its duties or obligations under this contract.
• This contract shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the Lebanese courts.
Waiver
Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give maximum effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
TERMINATION
We may change, suspend or discontinue this website at any time. We may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability. We will revoke the Website use privileges of users who are repeat infringers of intellectual property rights. We shall undertake any and all the above at our entire discretion. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
