Terms and Conditions

 

These Terms and Conditions (hereinafter referred to as “Agreement”, “Terms and Conditions” or “Terms”) are a legally binding agreement between you either an individual, group or entity (the “User”, “Customer”, “You”, or “Your”) and www.berbercreations.com (“Website”, “Berber Creations”, “Site” or “Service”) owned and operated by BERBER CREATIONS LTD, a business  operating under the Laws of UNITED KINGDOM from its head office located at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, UNITED KINGDOM (“Company”, “We”, “Us”, or “Our”).

By using the Website, You represent that You have read and agree to be bound by this Agreement, as well as any other guidelines, Privacy Policy referenced herein, collectively referred to as “Terms and Conditions”.

Please read these Terms and Conditions carefully. Your access to the Website constitutes Your acceptance of all the provisions of these Terms and Conditions. If You do not wish to comply with these Terms and Conditions, please do not access the Site and Services offered through the Site.

Eligibility

The Website is not designed for use by persons under the age of 18 years. In the event that You are under 18 years of age, You confirm that You have obtained the consent of Your parent or legal guardian to enter into a binding agreement with the Company and to take responsibility for: (i) Your actions; (ii) any charges associated with Your purchase of products through the Website; and (iii) Your acceptance and compliance with these Terms. Please do not access or use the Website if You do not have the requisite consent from Your parent(s) or legal guardian(s). If You are entering into this agreement on behalf of an entity, You represent that You are authorized to enter into legally binding contracts on behalf of such entity.

By using the Website, You represent and warrant that You have the right, authority, and the capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein.

How the Website works

The Site offers Users a convenient way to order genuine handmade Moroccan rugs online. Users can easily select from a large collection of original designs and place their order at www.berbercreations.com and make the payment using the secure online payment gateway. You may browse through the website without having to create an account, however, in order to process Your order request, We do require certain personal information. We assure You that We use all commercially viable steps to protect Your personal information and the collection and use of this information is governed by Our Privacy Policy which is incorporated herein by reference.

Delivery, Pricing and Payment

All our rugs are shipped directly from Morocco and the Company currently uses DHL and Fedex for shipping. We ship to all destinations listed on our Website for free. You understand that international deliveries may incur import duties and taxes imposed by the customs department of Your country. All such duties and taxes will be borne by You and the Company will not be liable for any additional charges that You may be required to pay by Your local authorities.

You acknowledge that delivery of your chosen rug is subject to availability. We will make every reasonable effort to deliver the rug to You within the delivery timeframe stated at the time You place Your order, but You acknowledge that all delivery timeframes given are estimates only and delays can occur for reasons beyond Our control. If the delivery of Your rug is delayed, We will inform You accordingly via e-mail. The time for delivery shall not be of the essence and We shall not be liable for any delay in delivery whatsoever caused.

The rug shall be delivered to the address specified by You when placing Your Order. You may pay for the rug using any of the payment methods prescribed by Us from time to time. We currently accept payments through secure Paypal payment gateway as well as all major credit cards. By accepting Our Terms and Conditions, You further accept to comply with the Terms and Conditions of Our chosen Payment Processor.

Please note that We reserve the right to change the prices of rugs listed on our Website at any time without giving any prior notice to You, You will be liable to pay the price listed on Our Website at the time You place Your order.

Returns, Replacement and Refund Policy

You may return your rug at anytime within seven (30) days of delivery and receive a full refund if you choose to do so. Should you choose to return the rug, it must be shipped back to the Company and the Customers are responsible for payment of two-way shipping fees, insurance charges and any additional duties payable on international returns. You may not return a rug after the lapse of the (30) days period.

In the event the rug You received is materially different from the one You ordered, You must notify us within twenty four (24) hours of delivery and ship the non-conforming rug back to us upon our request. All Shipping fees and any additional charges for non-conforming rugs will be borne by the Company and We will immediately ship the replacement rug to you for no-additional charge. Please note that the non-conforming rug shall become our property upon notification from You.

Although all rugs are shipped directly from Morocco, You can return them to the address specified by the Company in UK.

All refunds shall be made via the original payment mechanism and to the person who made the original payment.

The processing of refund payment may take time. We are unable to offer any guarantees of any nature for the timeliness of refunds reaching Your account. We agree to bear all costs associated with the refund process imposed by the payment processor. We may at any time and without prior notice to You modify the mechanism of processing refunds.

You may not return and request refund after seven days of accepting delivery and You will not be entitled to any refunds thereafter.

Please note that the Company reserves the right to cancel an order at any time after the occurrence of either:

1. the rug ordered being unavailable for any reason; or
2. the User being in breach of an provisions of these terms

User Conduct

Users shall not use the Website in order to transmit, distribute, store or destroy material, including without limitation content provided by the Website and its affiliate partners: for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, libellous, obscene, threatening, abusive or is offensive to users of the Website, such as content or messages that promotes racism, hatred or physical harm of any kind against any group or individual; or that is false or misleading; or that harasses or advocates harassment of another person.

Users are prohibited from interfering or attempting to interfere the security of Our Website, including but not limited to:

1. access data which is not intended for You;
2. probing, scanning or testing the vulnerability of Our network;

Specific Restrictions on Rights to Use: In addition to the above, the users shall not:

• modify, adapt, translate, or reverse engineer any portion of the Website;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Website and/or copy any proprietary rugs designs showcased on the Website;
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website for the purpose of crawling the Website to scrape content or to  circumvent the technological methods adopted by the Website to prevent such prohibited use;
• collect any information about other Users for any purpose other than that specified on the Website;
• reformat or frame any portion of the web pages or rugs showcased on the Website without express written consent of the Company;
• create or transmit unwanted electronic communications such as “spam” to other users or members of the Website or otherwise interfere with other User’s or Visitor’s enjoyment of the Website;
• submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Website;
• transmit any viruses, defects, Trojan horses or other items of a destructive nature;
• use of the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
• copy or store any content offered on the Website for other than Your own use;
• take any action that imposes, or may impose in Our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;

Feedback

We welcome Your feedback and suggestions about how to improve our rug collection or the Website. Feel free to submit feedback to [[email protected] ]. By submitting feedback, You agree to grant Us the right, at Our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to You.

Modification of Terms and Conditions

You understand and agree that these Terms and the Website and any products offered by Us can be modified by the Company at its sole discretion, at any time without prior notice, and such modifications will be effective upon such new terms and/or upon implementation of the new changes. You agree to review these Terms and Conditions periodically so that You are aware of any such modifications and the Company shall not be liable for any loss suffered by You on Your failure to review such modified Terms.

Privacy

You agree that the Company’s Privacy Policy (as may be updated from time to time) governs Our collection and use of Your personal information.

Reservation of Rights

We reserve all rights not expressly granted in these Terms & Conditions.

Limitation of Warranties

By using Our website, You understand and agree that all products are provided to you on  “AS IS” and “AS AVAILABLE” basis. This means that We do not represent or warrant to You that:

1. the use of Our Products will meet Your needs or requirements.
2. the use of Our service will be uninterrupted, timely, secure or free from errors.

No advice or information, whether oral or written, obtained by you from the site or through the site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this clause, the term site includes the company, all officers, directors, employees, shareholders, agents, licensors, and subcontractors of the site.

Limitation of Liability 

The company, its officers, directors, employees, affiliates and agents assume no liability or responsibility for, and in no event shall the company, its officers, directors, employees, affiliates, or agents be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from the use of our website or products or any of the following:

Any errors or omissions in any site or other content made available by the site, or for any loss or damage of any kind incurred as a result of the use of any products/content made available via the site, whether based on warranty, contract, delict, or any other legal theory, and whether or not the company is advised of the possibility of such damages. In no event will the total liability of the company or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers to you for all damages, losses, and causes of action arising out of or relating to these terms, your use of the site (whether in contract, delict including negligence, warranty, or otherwise), exceed the amount paid by you to the company, if any.

Governing Law

This website is controlled by BERBER CREATIONS LTD, from its head office in at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, UNITED KINGDOM. By accessing this Site, You agree to abide by UNITED KINGDOM laws. Furthermore, any action to enforce these Terms & Conditions shall be brought in the courts located in London, UNITED KINGDOM . You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.Miscellaneous

Assignability – We may assign any of Our responsibilities and/or obligations to any other Person, at Our sole discretion, without giving any notice to You. However, You shall not assign or transfer any of Your rights under this Agreement to any other party, without express written consent from the Company.

Severability – If for any reason, any clause of this Agreement or any part of any clause is deemed to be unlawful, void, or for any reason unenforceable, then such provision will be limited or eliminated from this Agreement only to the extent necessary and will not affect the validity and enforceability of any remaining provisions.

Waiver – Under no circumstances, failure on Our part to exercise any right or remedy under this Agreement will constitute a waiver of such right or remedy. 

Force Majeure – The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power,  confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

 

Questions About Our Terms of Service