THE HALM TERMS + CONDITIONS...
THE WEBSITE WWW.HALMONLINE.COM (the “Website”) is an online platform, the main purpose of which is to facilitate the sale of leather bags, accessories and other merchandise ("Product(s)").
APPLICABILITY OF THESE TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) govern and are applicable to the Website and your use of it. It is important to note these Terms shall be deemed to apply to anyone viewing this Website and not only to those who are registered with or purchase Product(s) from us.
PARTIES TO THE TERMS
“We”; “Our”; “Us”; or a similar reference refers to HALM, which is registered in the United Arab Emirates (“UAE”) as The Bag Atelier, registration number 750598, The HALM Collective – Villa 705 Jumeirah Beach Road, Umm Suqeim 2, Dubai, United Arab Emirates . We own and manage the Website. The terms “you”; “your”; or a similar reference refers to you as a user of the Website
OFAC AND SANCTIONED COUNTRIES STATEMENT
We and the Website do not and will not interact with, nor do we or the Website wish to interact in any way with, any of the following: any individual, user, or entity that is under international sanctions (whether trade, military, economic or otherwise) by an international, national, or regulatory authority. If you are a sanctioned individual, a citizen, resident, governmental/public entity (or entities), or private entity (or entities) of or registered in a sanctioned country or entity or region, or regularly have interactions with sanctioned individuals or entities, DO NOT use the Website. We and the Website do not and will NOT interact or provide any services or products to any of the OFAC (Office of Foreign Assets Control) sanctioned countries or individuals, in accordance with the law of the UAE.
Before making any purchase, we advise you to review all aspects of the Product(s) and obtain a full and complete understanding of the Product(s) and the Terms. By using the Website and/or purchasing one or more Product(s), you agree that we will not be liable or responsible in any way for any failure to read and/or understand the Product(s) and the Terms. Purchases of Product(s) may only be canceled in accordance with our Cancellation Policy.
|Each Product(s) is subject to further terms and conditions, and we advise that you carefully read the specific terms or conditions of the Product(s) prior before completing your purchase. You will be bound by these Terms and the specific terms of the Product(s). If there is any inconsistency between the specific terms of purchase relating to the Product(s) and these Terms, the specific terms of the Product(s) will prevail. Accordingly, we have no liability whatsoever for any Product(s).
MAKING A PURCHASE
When you make a purchase through the Website, you are offering to buy Product(s) for the price stated, subject to these Terms. All orders are subject to our acceptance and the availability of the Product(s).
PLACING YOUR ORDER
Your order is placed for any selected Product(s) by clicking on the “Submit Order” button at the end of the online order process. Once you have placed your order, you will receive an email acknowledging your order’s exact details.
|Unless otherwise notified, our acceptance of your order occurs when you receive an email notifying you that we have dispatched the Product(s) as ordered by you and as noted within that communication. Acceptance will be deemed to have occurred at the time and date when this communication is sent, regardless of any technical problems you may experience, where the reasons are outside our control, and which may result in you not receiving the notification email in a timely manner.
|Please note that, although the Website includes information for both available and unavailable Product(s), you may only purchase available Product(s). However, there may be occasions, due to circumstances beyond our control, where the Product(s) that you order are or become unavailable. In this case, the unavailable Product(s) will be canceled from your order and this cancellation will be communicated to you. You will not be charged for Product(s) that become unavailable after placing your order.
|We may not accept your order if (without limitation):
• Product(s) you have ordered is out of stock.
• We are unable to obtain authorization for your payment.
|We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.
The currencies available on the Website are United Arab Emirates Dirham (“AED”) and United States Dollar (“USD”). The prices of the Product(s) featured on the Website include any import duty and taxes for your delivery country.
|Product(s) prices are set using currency exchange rates as they exist at the time of pricing. These rates are subject to variation and may go up or down; therefore, prices are subject to change if the applicable currency exchange rate changes before your order is accepted.
|All pricing will be honored as advertised unless it is clear that the listed price is a mistake, omission and/or incorrect. Whilst every effort is made to make sure details on the Website are accurate, if we discover an error in the pricing of Product(s) in your order, we will notify you as soon as possible. We shall be under no obligation to accept or fulfill an order for Product(s) that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you have already paid for the Product(s), we shall refund the full amount. In the event that Product(s) are recalled in transit, we will process your refund once the Product(s) have been returned and accepted by us.
The Website’s e-commerce function can be used by those who have been issued a valid payment method, i.e. a credit card, debit card, etc., and who authorised us to process a charge or charges via their payment method in the amount of the total purchase price for the Product(s) (“Online Payment Method”) or those who choose to pay by cash on delivery (“COD”). Both online payment methods and COD are referred to collectively as ‘Payment Methods’. All Payment Methods, their owners, and their authorised users are subject to validation checks and authorisation by us, our payment services provider, and/or the issuer of the Online Payment Method.
|- Terms of Sale for Payment Methods
|- COD Terms of Sale For COD, payment will only be accepted in AED, and will be collected at the time of delivery of the Product(s). Your delivery receipt will also serve as your payment confirmation for COD purchases. By selecting COD to complete your transaction, you confirm that you are authorised to place the order, to provide full payment for the Product(s) at the time of delivery, and that we hold no liability in the event of fraud or misuse use that may result in an unauthorised order, transaction, and/or purchase.
|If you choose to complete your transaction using an Online Payment Method, you will be automatically directed to Telr’s card entry and verification page, where you can enter your card details. We do not collect, retain, or otherwise have access to your card details and hold no liability regarding our PSP collection, processing, and/or use of your data and/or Online Payment Method.
|In accordance with our PSP’s policies, only online payments that are 3D Secure (for example, through Verified by Visa®, MasterCard SecureCode®, or Amex SafeKey®) can be processed at this time. If your online payment method is not 3D Secure, your transaction will be declined.
|To setup 3D Secure for your debit or credit card, contact your card issuer and/or bank for details. For more information about 3D Secure, visit the website of your card issuer, bank, and/or the following:
|- Amex SafeKey® (for UAE-based users): https://network.americanexpress.com/globalnetwork/safekey/ae/en/
|- MasterCard SecureCode® (for UAE-based users): https://www.mastercard.ae/en-ae/consumers.html
|- Verified by Visa® (for UAE-based users): https://ae.visamiddleeast.com/en_AE/pay-with-visa/security-and-assistance/verified-by-visa.html
|Your online payment will be collected from your Online Payment Method upon the acceptance of your order from the Website. As soon as your online payment is authorized by your Online Payment Method issuer, you will receive a payment confirmation email. Multiple transactions may result in multiple postings to the cardholder’s monthly statement.
|By completing a purchase, you confirm that you are the lawful owner of the Online Payment Method selected or that you have been specifically authorised by the owner of the Online Payment Method to use it for the purpose of purchasing Product(s) on the Website. You also confirm that you authorise us to initiate, process, and complete the charge(s) in the full amount and that your card is 3D Secure.
|The Website uses Secure Socket Layer (SSL) technology to help ensure that your shopping experience is safe, simple and reliable. All care is taken, when it is in our power to do so, to keep the details of your order and payment secure; however, we are not liable for any fraudulent use or any misuse of any Online Payment Method. You confirm that we will not be held liable for any kind of loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website. If the issuer or owner of your Online Payment Method refuses to authorize payment and/or is not 3D Secure, we will not be liable for any delay, non-delivery, or any charges incurred.
All orders are processed for delivery upon order confirmation and payment authorization for online payment purchases. Orders placed before 2:00 pm (UAE time) will be processed the same day and delivered within three working days. Otherwise, orders will be delivered within three working days and no deliveries shall take place during the weekend, which is agreed to be Saturday and Sunday. At checkout, you may select from two delivery options: 1. Early Option (between 9:00 am and 1:00 pm) or 2. Later Option (between 2:00 pm and 8:00 pm). All deliveries shall be made by an English-speaking delivery person.
|Cash on delivery orders are available in the UAE only, payment will be collected at the time of delivery. Orders outside the UAE are delivered via DHL courier service. Their delivery charges will be included at checkout. Delivery time within the GCC is approximately one to two days. Delivery time to Europe and the US is approximately two to three days. Delivery time to Africa and the Far East is approximately four to five days.
|We will retain a proof of delivery receipt that contains your confirmation of delivery. We recommend that you also retain proof of delivery for your own records.
PASSING OF PROPERTY AND RISK
We retain legal ownership of the Product(s) until full payment has been made and such payment has been accepted. Legal ownership of the Product(s) will immediately revert to us if payment is refunded to you for any reason. Any risk associated with the Product(s) will pass to you upon delivery. Product Care We want you to enjoy your Product(s) for as long as possible. For questions, comments, or concerns regarding Product(s) care and maintenance, we have representatives available through email at firstname.lastname@example.org. Both Parties agree that we shall not be liable for any information provided or for your interactions with third party providers or services, regardless of whether such as been recommended or referred by us.
RETURNS AND REFUNDS
Satisfaction is always our top priority and as such each query is addressed individually to the best of our ability. If you are not happy with your purchase, you may obtain a full refund or exchange (subject to availability). The refund, if approved, will be processed within 28 days from the date we receive the returned Product(s).
|Provided you inform us of your reason for a refund within 24 hours from when you receive the Product(s), a refund may be considered in the following cases:
|• The wrong Product(s) was sent by us.
• The Product(s) was significantly defective.
• The Product(s) was materially damaged in shipping.
• The Product(s) was materially tampered with during transit.
|If your refund is approved, the full amount (excluding VAT and delivery charges) will be returned to you via your original Payment Method only. Refunds via your Payment Method will be processed within 10 to 45 days, depending on the internal policies and procedures of your Payment Method’s issuer. Please be aware that to receive a refund, the Product(s) must be unworn, unused and in the same condition as received by you, with all labels attached and in the original packaging.
|All returns should be sent back in the original packaging provided at delivery. Please ensure when returning the parcel that the packaging is properly protected. Where provided, any designer packaging, such as Product(s) certificates, dust bags and leather tags, must be included as part of your return. We will not accept returns that do not adhere to the specified conditions outlined.
Purchases may be cancelled if you notify us within one hour of placing your order. If you wish to cancel your order, please contact us at email@example.com. Requests for cancellation that are placed more than one hour after placing an order will not be accepted.
|We are not obligated to cancel any purchase and any cancellation is solely at our discretion.
The Website contains an e-commerce platform that features Product(s) for sale, which are manufactured by third parties. We do not guarantee the availability or quality of the Products in any manner except for the description provided whilst purchasing the Product(s). The Product(s) are accessible for viewing and purchase through the Website only.
Through the Website, you may view and purchase Product(s) for delivery. You must complete the registration on the Website by providing your information prior to purchasing any Product(s). Please ensure this information is accurate and truthful. If your registration information changes in the future, please use the option available to amend your details. You will also have the option to amend your user account details on the Website through your personal account page.
|Upon successful completion of your registration, you will be provided with a username and password. It is your responsibility not to share this information with anyone and to ensure your user name and password are kept confidential. Registration is restricted to one registration per user and is not transferable to any third party. Upon registration, you agree to receive emails from us, which include but are not limited to, newsletter(s), information relating to our Product(s), advertisements of our Product(s), your confirmation and registration on the Website and confirmation of your purchase of any Product(s). In the event you lose the details to your username and password for the Website, please notify us immediately.
|You may not use the Website for any purpose that is unlawful or is prohibited by these Terms. You may only use the Website to review information about the Products, contact us or make legitimate purchases. You may not use the Website to transfer viruses, contaminating or destructive features or trojans, make any false, fraudulent or speculative reservation, or to post or transmit any unlawful, defamatory, threatening, indecent, obscene, pornographic or profane material or any material that will constitute or encourage conduct that would be considered a criminal or civil offense or otherwise violate any law.
|We retain complete access rights to the Website and all accounts, including but not limited to terminating or restricting your access to the Website without reason, advance notice, limitation or liability, or to decline or remove a user account registration and/or not to accept or decline requests or orders for Product(s).
|Minors under the age of 18 are prohibited from registering as users of this Website and are not allowed to transact with or use the Website.
YOUR REPRESENTATIONS AND WARRANTY
When you use this Website, you make the following representations and warranties to us:
|I. You are at least 18 years old, are legally allowed to view the Website and transact via the Website (if and as required);
|II. You have provided valid, true and accurate information at the time of your registration on the Website;
|III. You consent to your registration information being used for the purchase of Product(s) and as detailed elsewhere in the Terms;
|IV. That you will use the Website for your own personal use only and in accordance with the Terms;
|V. That the security of your username and password on the Website shall be your sole responsibility and you will immediately notify us if you lose your username and password for your user account or it otherwise becomes compromised in any way;
|VI. You do not intend nor will you attempt to interrupt, interfere or act in any manner whatsoever that may be contrary to the Terms or the laws of the UAE;
|VII. You will not commercialize the Product(s);
|VIII. It is your responsibility to ensure you understand all aspects of any Product(s) you purchase, prior to making any purchase. Once a purchase is made through the Website, any cancellations shall be in accordance with the Cancellation Policy in these Terms. A purchase is complete once you submit your order and we receive your payment, irrespective of whether or not you subsequently receive, use or want the Product(s);
|IX. Downloads from the Website are not permissible
|X. You are solely responsible for any disclosures of information you create or initiate regarding the Product(s);
|XI. We do not make any guarantees or representations about the quality, timeliness, safety or delivery of the Product(s) and you agree that we are relieved and indemnified from any issues or claims from you with anything related to the Website or Product(s); and
|XII. The accuracy of the purchases you make via the Website is your sole responsibility
The entire content of the Website, including but not limited to content, designs, graphics, photographs, videos, interactive presentations, logos, text, arrangements and layouts, are our sole and exclusive property or are licensed to us and all rights are reserved. All trademarks and trade names, including HALM, HALMonline, The Bag Atelier, www.HALMonline.com, www.thebagatelierdubai.com, www.instagram.com/HALMonline/, www.facebook.com/HALMonline, and all other derivatives thereof, including the trademarks appearing on the Website, are proprietary to us and may only be used by licensees to whom we specifically grant or license such rights. You agree not to use, disseminate, publish or reverse engineer any content or other intellectual property of the Website, or help a third party to do so, without our prior written consent.
All information contained in this Website, including photographs and descriptions of Product(s) (“Website Materials”) are by way of illustration purposes only and are subject to change or may vary slightly upon delivery. By using this Website, you waive any claim against us for any inaccuracy in the Website Materials.
The Website may include advertisements with external links to separate web pages (“External Sites”). Once you click or access these External Sites, you will leave the Website. We do not investigate, review, endorse, represent, condone or control the content of any of the External Sites, unless otherwise expressly stated in the Terms. We will not be responsible or held liable for the content displayed on External Sites, and you will access these External Sites at your sole risk. You also agree not to link any External Sites to the Website without our express prior written consent and approval. External Sites may send their own cookies to you or otherwise collect data or solicit personal information and you are responsible for checking the External Sites to locate and review their terms and conditions, and privacy policies. You hereby acknowledge that you access, browse, link and/or bookmark the External Sites at your own risk.
LIMITATION OF LIABILITY
In no event will our collective liability or the liability of our employees, lawful agents, managers, directors, shareholders, or service providers exceed the amount of AED 10,000 in the aggregate, which includes any award for attorney’s fees and costs. This limitation of liability applies to any action, regardless of the party or parties that initiated it and whether the form of action is in contract, tort, or otherwise, and shall apply to the fullest extent possible under the law of the UAE. In any case or action initiated by any party under any legal theory, we, our employees, lawful agents, managers, directors, shareholders, and/or service providers will not liable for damages of any kind, including but not limited to, actual, indirect, special, incidental, consequential, punitive, loss of income, revenue, or profits; loss of actual or anticipated business, loss of goodwill, data, or use; and damages associated with personal injury, emotional distress, pain and suffering, and injury to morality or reputation; whether caused by breach of contract, tort, or otherwise, and regardless if such damage or loss was foreseeable or not.
|The above does not affect any liability that cannot be limited or excluded under UAE law.
You agree to hold us, our employees, managers, directors, lawful agents, and shareholders harmless and to defend and indemnify the same from and against any claim, action, liability, damage, loss, judgement, award, cost, expense or reasonable attorney’s fees that arise out of or are related to any violation of these Terms by you or your lawful agent.
WAIVER AND SEVERABILITY
Any waiver by us of any term or condition set forth in these Terms shall not constitute a continuing waiver of such term or condition, and any failure by us to assert a claim or right under any provision of these Terms shall not constitute a waiver of the same claim or right. If a UAE court finds any part of the Terms unenforceable, invalid, or illegal for any reason, then such part shall be deemed removed and the rest of the Terms shall continue to be in full force and effect to the fullest extent permissible by the applicable laws of the UAE.
These Terms may be changed or updated without notice to meet ours or regulators’ requirements and standards, or to comply with applicable law. Therefore, you are encouraged to visit these sections frequently in order to remain updated about the changes on the Website. Modifications will be effective on the day they are posted. We may also modify these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with the Terms as changed. Any changes made after you have placed an order with us will not affect that order, unless we are required to make the change by law. Otherwise, any change(s) becomes effective on the date it is posted on the Website.
GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of the UAE, irrespective of any conflict of laws principles. The UAE is our country of domicile. You irrevocably agree to waive any claim you may have regarding jurisdiction, inconvenient forum or venue, and agree to the personal and exclusive jurisdiction of the Courts of the UAE in the Emirate of Dubai whose judgment is full and final.
You are using the Website at your own risk. We do not make any warranties or representations, whether express or implied, arising out of law or otherwise in relation to the accuracy of the content on the Website or the quality of any Product(s), and we assume no liability or responsibility for any errors or omissions in the content of the Website or in respect of any other issue with such goods, services or activities. We may make changes to the content or material in the Website without any prior notice. We are not under any commitment to update any content or material on the Website.
|We reserve the right at all times to disclose any information that you may provide to us through the Website to our legal representatives and advisors and any governmental or federal authority in the UAE, without any prior notice or prior consent requirement.
|We shall not be held responsible or accountable to you or any third party relying on you and you agree to fully indemnify us for any loss, injury, claim or damage whether direct, indirect, consequential or punitive costs, liabilities, expenses, damages or otherwise that may be suffered by you through use of this Website or the purchase of Product(s). We shall not be liable for any virus, contaminating or destructive features or trojan that may affect your computer as a result of your use or access or interruption or inability to use or access the Website and/or any External Sites. You hereby waive any and all claims against us, our employees, shareholders, subsidiaries, divisions, affiliates, representatives, agents and licensors, arising out of your use or access or interruption or inability to use or access the Website.
If you require help when ordering or would like to provide feedback on our service, please email us at firstname.lastname@example.org or at or at +971 50 457 3656, HALM, Villa 705, Jumeirah Beach Road P.O. Box 671, Dubai, UAE.