Introduction
ABC SAL owns and operates an ABC mobile App and a website (hereinafter referred to as “Platform”).
The present Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) shall govern your relationship with ABC SAL whilst accessing and using the Platform and the products and services available on the Platform (hereinafter referred to collectively as the “Services”). The Services may be amended or withdrawn at our sole discretion at any time without prior notice. By using the Platform, you agree to accept all Terms and Conditions without any objections or reservations.
Registration
In order to benefit from our promotional offers and/or collect points as per the ABC loyalty card program, your purchases from the Platform need to be completed as a registered user. The Platform registration requirements may be amended from time to time at our sole discretion. At registration, you will be required to provide information about yourself that is true, accurate, current, and complete in all respects. We recommend, for security reasons, that your user ID and password for this Platform be unique and kept secure and confidential. You should maintain the confidentiality of your credentials and notify us immediately of any breach of security or unauthorized use of your account.
Sale Conditions
The following terms and conditions shall be applied to the offer to purchase placed on this Platform.
The use of the Platform is restricted to individuals over 18 years of age, thus you confirm that you are over 18 years old and that all details you provide to us are true and accurate;
If your chosen payment method is a credit or debit card then you acknowledge that you possess a valid credit or debit card issued by a bank acceptable to us and that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
You confirm that products purchased are for personal use or are gifts and should not be re-sold for commercial purposes or engender any commercial benefit. We retain the right to question or cancel any purchase request made by you. In addition, we reserve the right to restrict multiple quantities of an item being ordered by one account or shipped to any one customer or postal address.
Order and Confirmation:
As soon as you place an order on the Platform an email will be sent to the email address you provided with the details of the order confirming that your order has been received. This mail shall not be considered an acceptance of your order as all orders are subject to availability.
You will then receive an e-mail listing the shipped items with the shipping details. This e-mail can then be considered as a confirmation of your order and the availability of the products herein mentioned.
Once paid, the order you have placed could be canceled within two hours by contacting E-commerce Customer Service on 961 81 232 771. You will not be able to add/deduct products to an existing order. Contact ABC Customer Service to arrange for an exchange in accordance with our policies.
Once the order is delivered, you will receive the last email of the process to confirm the delivery of your order as you had ordered it.
In case the item bought was sold and is out of stock then you will receive an email in this regard. The related amount will be deducted from the invoice or will be reimbursed to you depending on the payment method if it is cash or through debit/credit card.
Pick Up from ABC Achrafieh – Customer Service. You will be notified through phone call upon readiness and availability. 5 opening days reservation for COD orders.
Guarantees
Certain products may benefit from a commercial guarantee offered by their manufacturer that ABC SAL is not a party to. The scope and duration of this guarantee vary depending on the manufacturer. Details about the warranty will be posted in the item’s description on the Platform. To inquire about a commercial guarantee, you can contact ABC’s Customer Service.
Spare parts:
Unless expressly indicated for the said product, we have no knowledge of the availability of any spare parts.
Pricing
Whilst we try to ensure that all details, descriptions, and prices that appear on this Platform are accurate, errors may occur.
Delivery costs may be charged in addition; such additional charges are clearly displayed where applicable. Free shipping is offered at our sole discretion and may be revoked at any time. Prices displayed on the Platform might not match those displayed in ABC stores or online. All prices displayed on the Platform include VAT and are subject to change. Payment in foreign currencies might be subject to additional charges.
Payment
Accepted payment methods will be clearly displayed on the Platform.
The option to pay cash upon delivery may be given. In that case, the transaction shall be considered as completed and the products delivered subject to full associated payment with non-fraudulent money.
Online payment transactions are carried out through a secure checkout provided by an accredited payment gateway. After you complete your order on the Platform and reach the checkout, you will be redirected to the Secure Payment Page of ABC SAL’s chosen accredited payment gateway, which is a Linked Site, where you key in your credit/debit card information and submit the order for payment. Please note that, at no time, do we have access to the information entered on the payment gateway page. The accredited payment gateway page is not operated by ABC SAL who has no control over such page. In case you notice any illegal or unusual activity on your card kindly contact your card issuer (your bank)who will be your only contact person in this case and not ABC SAL. Your bank will investigate the issue and contact ABC if necessary.
The option to pay with ABC gift cards may be given and if so will be clearly stated on the Platform. ABC gift cards are available in different denominations and can be purchased at any ABC customer service desk or online through the Platform. Kindly check our ABC Gift Card policy.
Shipping
We only deliver within the Lebanese territory. Delivery services will be provided by one or several accredited shipping providers under its terms and conditions and the purchased products will be insured against theft and accidental damage.
You will receive by e-mail your tracking number. This will enable you to track your purchase and you can contact our customer service about issues with your order.
Dispatch times will be communicated on the Platform and may vary according to availability and delivery address and may be subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
We require a signature from you or anyone present at the delivery address you have specified, for any goods delivered. You accept that evidence of a signature by anyone present at your delivery address is evidence of delivery and fulfillment by us and transfer of responsibility in the same way. The goods are your or the recipient’s responsibility from the time we deliver them to the address you gave us.
On occasions, we may refuse to deliver your order if we are of the opinion that the shipping address is considered to be unsafe.
The shipping fee is free for orders above $100, for orders below the mentioned amount the shipping fee is $2.
Intellectual Property Rights, Software, and Content
ABC SAL and/or its licensors own all the intellectual property rights in all software, materials, and content (including photographic images) made available to you on or through the Platform. All such rights are protected by copyright laws and treaties around the world and are reserved by ABC SAL and its licensors.
This Platform is for your personal non-commercial use only. Thus, you are granted a limited license only for purposes of viewing the material contained on this Platform solely for your own personal use.
Disclaimer as to Ownership of Trademarks, Intellectual Property Rights
Your use of the Platform and its contents grants no rights to you in relation to any copyright, designs, trademarks, and all other intellectual property and material rights relating to the content. All such content including third-party trademarks, designs, and related intellectual property rights mentioned or displayed on this Platform is protected by intellectual property law and other laws and international treaties. “Content” is defined as any graphics, or photographs, including all image rights, sounds, music, video, audio, or text on this Platform.
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services, and/or locations featured on the Platform are in no way associated, linked, or affiliated with ABC SAL or the Platform and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Platform are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to ABC SAL or the Platform.
Restrictions- Prohibitions
You are specifically restricted /prohibited from all of the following:
- publishing, manipulating, distributing, displaying, or otherwise reproducing, in any format, the Platform material or any of the content or copies of the content supplied to you or which appears on this Platform (except what is provided for under Redirecting to the Platform) nor using any such content in connection with any business or commercial enterprise in any way whatsoever;
- modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, commercially exploiting, creating derivative works from, transferring, data mine, or selling any content, software, products, or services contained within this Platform (except what is provided for under Redirecting to the Platform);
- selling, sublicensing, and/or otherwise commercializing any Platform material;
- publicly performing and/or showing any Platform material;
- committing or encouraging a criminal offense;
- misusing this Platform and or using this Platform in any way that is or may be damaging to this Platform;
- transmitting or distributing a virus, trojan, worm, logic bomb, or any other material which is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene;
- hacking into any aspect of the Service;
- corrupting data;
- sending any unsolicited advertising or promotional material, commonly referred to as “spam” or attempting to affect the performance or functionality of any computer facilities or access through the Platform.
- using this Platform in any way that impacts user access to this Platform;
- using this Platform contrary to applicable laws and regulations, or in any way may cause harm to the Platform, or to any person or business entity;
- causing annoyance to other users;
- infringing upon the rights of any other person’s proprietary rights;
- engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Platform;
- using this Platform or any of its Content, to engage in any commercial purpose including any advertising or marketing or advertising revenue generation activity.
You agree that you will be personally responsible for the use of this Platform and for all of your communication and activity on and pursuant to this Platform.
If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Platform on a temporary or permanent basis and we reserve the right to adopt legal proceedings, civil or criminal, against you and to report such breach to the relevant law enforcement authorities and disclose your identity to them.
Redirecting to the Platform
You may share, refer or redirect to the Platform subject to our prior approval, provided you clearly refer to ABC and its Platform and mention all needed copyright and do so in a way that is fair and legal and does not cause any damage to us or to our reputation or take advantage of it.
You must not share, refer or redirect in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
We reserve the right to withdraw share, refer, or redirection permission without notice.
Relationship
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and ABC SAL as a result of the Terms and Conditions or your use of this Platform.
You agree that you may not and will not hold yourself out as a representative, agent, or employee of ABC SAL and we shall not be liable for any representation, act, or omission on your part.
No warranties
Reasonable care has been exercised in ensuring the provision of accurate information. However, should any inaccuracy or omission arise, we shall not be held responsible for such inaccuracy or omission.
This Platform is provided “as is,” with all faults, and ABC SAL expresses no representations or warranties, of any kind related to the Platform or the materials contained on the Platform. Also, nothing contained on the Platform shall be interpreted as advising you.
Limitation of liability
Certain areas of this Platform are restricted from being accessed by you and ABC SAL may further restrict access by you to any areas of the Platform, at any time, in absolute discretion.
This Platform may contain links to other websites and/or applications (the “Linked Sites”), which are not operated by ABC SAL has no control over the Linked Sites and accepts no responsibility and shall be under no liability whatsoever in consequence of any of the risks whether by way of indemnity or otherwise, arising out of, in relation to or resulting from or in respect of such Linked Sites or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms and conditions contained within each such site.
In no event shall ABC SAL or its representatives or affiliates, shall be held liable for anything arising out of or in any way connected with your use of the Platform nor for any indirect, consequential, or special liability arising out of or in any way related to your use of the Platform.
Unless expressly stated to the contrary to the fullest extent permitted by law ABC SAL and its suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by law and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Platform or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, law or otherwise.
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 equipment, programs, data, or other proprietary material due to your use of this Platform or to your downloading of any material posted on it, or on any Linked Sites. We are also not responsible for failure to meet any of our obligations under the Terms and Conditions where such failure is due to events beyond our reasonable control.
In no event shall ABC SAL be liable if for any reason this Platform is unavailable at any time or for any period.
Indemnification
You hereby agree to indemnify in whatever form to the fullest extent and hold harmless ABC SAL and its affiliates and their respective directors, officers, employees, agents, or other representatives from and against any and/or all claims, liabilities, costs, demands, causes of action, damages, losses, proceedings and expenses including all legal fees and costs resulting from whether directly or indirectly or arising in any way or related to all acts or omissions, default or neglect from your end or your breach of any of the provisions of the Terms and Conditions and/or your use of this Platform including transmission or placement of information or Materials by you on the Platform.
Exchanges
By using this Platform you agree to our Returns/Exchanges Policy published on this Platform.
Privacy Policy
Kindly check the ABC Platform privacy policy, which sets out how we will use your information. By using this Platform, you consent to the processing described therein and warrant that all data provided by you is accurate.
Severability
If any provision of the Terms and Conditions and/or any page or policy of this Platform is found to be invalid under any applicable law, such provisions shall be deleted without affecting the enforceability of any other part of the Terms and Conditions, all other clauses remaining in full force and effect.
As far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Variation of Terms
We shall have the right in our absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Platform including Terms and Conditions. The removal of any provision does not affect the enforcement of the other provisions.
By using this Platform you are expected to check this page regularly to take notice of any changes we have made to any page of this Website and/or the Platform and notably to the Terms and Conditions and/or the Services.
Assignment
ABC SAL is allowed to assign, transfer, and subcontract its rights and/or obligations under the Terms and Conditions without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under the Terms and Conditions.
Entire Agreement
The Terms and Conditions constitute the entire agreement between ABC SAL and you in relation to your use of this Website and/or the Platform and supersede any and all prior agreements and understandings. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by ABC SAL representative (s).
Waiver
Any failure to exercise our rights or to insist on strict adherence to any provision of the Terms and Conditions together with all our policies and procedures, will not be considered a waiver and will not operate to deprive us of any future exercise or strict adherence to that provision or any other provision of the Terms and Conditions and all our policies and procedures.
In case an exception is granted for any reason, this shall not create precedence; hence we shall maintain all the rights to implement all the mentioned regulations & procedures.
Governing Law & Jurisdiction
The Terms and Conditions together with all our policies and procedures will be governed by and interpreted in accordance with the laws of Lebanon,
In the event of any complaint, dispute, controversy, or claim (the “Dispute”) arising out of or in relation to the execution, validity, application, interpretation, breach of the present Terms and Conditions and other policies related to the Platform. Please contact our Customer Service by phone at 961-1-212888 (extension 5886) which will ensure the processing and monitoring of the case in order to try to settle such a dispute amicably.
If an amicable settlement is not reached within 2 months from the Dispute’s referral, then the Courts in Beirut shall have exclusive jurisdiction.