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TERMS AND CONDITIONS OF PURCHASE AND USE

Effective as of 06-07-2020

1. Overview

The following Terms and Conditions (the Terms), together with the documents and policies incorporated and referenced in these Terms, including the Privacy Policy and the Return Policyshall constitute an agreement (the Agreement) between you (You, Your, Yourself), and “Petit Mignon by NGco SARL” along with its affiliates, successors and assigns (Petit Mignon, We, Us, or Our).

By visiting our website www.petitmignonlebanon.com (the Website), and/or purchasing any product from the Website (the Service), you engage and agree to be bound by the Terms.  The Terms apply to all the users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.All capitalized terms have the meanings given to them in these Terms, unless otherwise indicated.

Please read the Terms carefully before accessing or using the Website. If you do not agree to all the Terms of this Agreement, then you may not access the Website or use any of its services.

We reserve the right to update, change or replace any part of the Terms by posting updates and/or changes to the Website. It is your responsibility to check the Terms periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

2. Our Details

Petit Mignon is a registered trademark with registration number 191021, owned and operated by NGco SARL, a Lebanese company incorporated and registered in Baabda, Lebanon with commercial registration number 2054856, with tax number 3489011-601, whose address is in Lebanon,Ghazir, Keserwan, land number 1733, Badaoui building.

3. Use of the Website.

By visiting the Website and/or purchasing any product from the Website,you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Website, and you agree that:

4. General Conditions

You understand that your Personal Data (excluding credit card information), may be transferred un-encrypted and involve (i) transmissions over various networks, and, (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website, without express written permission by us.

The headings used in the Agreement are included for convenience only and will not limit or otherwise affect the Terms.

5. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at your own risk.

The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.

6. Correct Errors

In the event any error occurred when entering your Personal Data during any use and/or purchase through the Website, you can modify such errorby contacting our customer service via info@petitmignonlebanon.com.

If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service, via the email address above to correct the error.

7. Products

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any-time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

8. Availability of Products

All the products on the Website are subject to availability. In the event any difficulties occurred during the supply of the products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse any amount that you may have paid.

9. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Refund Policy.

10. Refusal to Process an Order

We reserve the right to refuse any order made through the Website at any time for any reason. Although we will always do our best to process all orders, there may be exceptional circumstances that force us to refuse to process an order.

11. Delivery

Not withstanding Clause 8 above regarding the product availability and except for extraordinary circumstances or force majeure events, we will endeavor to send the order within a period of 3 5 business days in case the order was agreed to be delivered inside the Lebanese territories, and within a reasonable period of time in case the order was agreed to be delivered outside the Lebanese territories. And in any case within a maximum period of 30 days from the date of the order was placed.

Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances or the delivery zone complications.

If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid.

For the purpose of this Agreement, the order shall be understood as delivered as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by you.

12. Inability to Deliver

If it is impossible for us to deliver your order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse.

We will also contact you explaining where your order is located and what to do to have it delivered again. If you will not be at the place of delivery at the agreed time, we ask you to contact us through the following email info@petitmignonlebanon.com or contact number +96170537358 to organize delivery on another day.
If after 15 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the Agreement and it will be terminated. As a result of the termination of the Agreement, we will return to you all payments received from you, including delivery charges (except for any additional charges resulting from your choice of any delivery method other than the ordinary delivery method that we offer) without any undue delay, and at any rate, within 10 days of the date on which the Agreement has been terminated.

Please keep in mind that transport derived from the termination of the Contract may have an additional cost which we will be entitled to pass on to you.

13. Transmission of the Risks of the Product

The order shall be under your responsibility from the moment of delivery to you as outlined in Clause 9 above.

14. Price and Payment

The products purchased on the Website are subject to VAT or any other taxes as applied in Lebanon.

The price of the products is as stipulated at all times on the Website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the Website are correct and accurate, an error may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.

We are not obliged to provide you with any product at the incorrect lower price even if the order is confirmed, if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price

The prices on the website include VAT, but exclude delivery charges, which are added to the total price when submitting the order.

Prices may change at any time. However, except as stipulated above, the changes shall not affect the confirmed orders.

Once you have selected all the products that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. You may use, as payment method, the following cards: Visa and MasterCard. Furthermore, you can pay for your order to the courier in cash when they deliver your order in case your order is to be delivered inside the Lebanese territories.

To minimize the risk of non-authorized access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorization on your card to ensure that there are sufficient funds to complete the transaction.

Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you.

15. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

We are not obliged to provide you with any product at the incorrect lower price even if the order is confirmed, if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

16. Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

17. User Comments, Feedback and other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related to the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

18. PersonalData

The collection of your Personal Data through the Website is governed by our Privacy Policy.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related to the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

19. Errors, Inaccuracies and Omissions

There may be information on the Website or in the Service that contains typographical errors, inaccuracies or omissions that may be related to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

There may be information on the Website or in the Service that contains typographical errors, inaccuracies or omissions that may be related to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We undertake no obligation to update, amend or clarify information in the Service or on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on the Website, should be taken to indicate that all information in the Service or on the Website has been modified or updated.

20. Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its Service:

21. Intellectual Property.

You recognize and agree that all copyrights, registered trademarks and other intellectual and industrial property rights related to the materials or contents provided as part of the Website (the Intellectual Property) belong at all times to NGco SARL or to a third party who had authorized to NGco SARL the use of the Intellectual Property. You may NOT use said Intellectual Property unless you are expressly authorized by NGco SARL. This does not prevent you from using the Website to the extent necessary to copy the information on your order or contact details.

22. Warranty Disclaimer

You recognize and agree that all copyrights, registered trademarks and other intellectual and industrial property rights related to the materials or contents provided as part of the Website (the Intellectual Property) belong at all times to NGco SARL or to a third party who had authorized to NGco SARL the use of the Intellectual Property. You may NOT use said Intellectual Property unless you are expressly authorized by NGco SARL. This does not prevent you from using the Website to the extent necessary to copy the information on your order or contact details.

Your access to the Website and/or your use of any of its Service is at your sole risk. You acknowledge that the we may use third party suppliers to hardware, software, connectivity and all business requirements to get you the Service. The acts and omissions of those third party suppliers may be outside of our control and you can’t hold us liable for any loss or damage suffered as a result of any act or omission of any third party.

We do not warrant that:

23. Limitation of Liability

You waive and shall not assert any claims or allegations of any nature whatsoever against NGco SARL, its parent, affiliates or subsidiaries, their sponsors, suppliers, contractors, advertisers, vendors or other partners, licensors, service providers, any of their successors or assigns, or any of their respective officers, directors, agents, employees or intern arising out of or in any way relating to your access to the Website or the use of its Service, including, without limitation, any claims or allegations related to infringement of proprietary rights, or allegations that any of the mentioned above parties (the Related Parties) has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of any third party products or the Website.

Without limiting the foregoing, neither NGco SARL nor any other Related Parties shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of access to or use of data or loss of goodwill, whether in an action in contract, for negligence, or otherwise, arising out of or in any way connected to the access to the Website and the use of or inability to use any or all the Services, including without limitation any damages caused by or resulting from your reliance on the Services or other information obtained from or accessible via NGco SARL or any other Related Parties, or that result from mistakes, errors, omissions, interruptions, deletion of files or data or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, force majeure, communications failure, theft, destruction or unauthorized access to NGco SARL’s or any other Related Parties’ records, programs or services.

We cannot be held liable, under any circumstances, in any case does not bear the responsibility or accountability for any claims related to compliance with Visa Payment Applications (PABP) or Applications for Data Security Standard (PA-DSS).

24. Indemnification

You agree to indemnify, defend and hold harmless NGco SARL and its Related Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of the Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

25. Severability

In the event that any provision of the Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

26. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

The Terms are effective unless and until terminated by either you or us. You may terminate the Terms at any time by notifying us that you no longer wish to use our Service, or when you cease using the Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of the Terms, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Service (or any part thereof).

27. Entire Agreement

The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

The Terms and any policies or operating rules posted by us on the Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your access to the Website and your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

28. Terms Modification

We reserve the right to review and modify the Terms at any time. You are subject to the Terms in effect at the moment in which you access the Website or use any of its Service, except when by law or decision of governmental entities we must make changes retroactively to said policies, Terms or Privacy Policy. In this case the possible changes will also affect orders made previously by you.

29. Governing Law and Jurisdictions

Any dispute arising out of or relating to these Terms shall be governed by, construed and enforced in accordance with the laws of Lebanon notwithstanding any conflict of law provisions. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, or your use of the Service, other than a controversy or claim relating to the validity or enforcement of Intellectual Property rights, shall be settled by arbitration administered by the Beirut Chamber of Commerce and Industry in accordance with its Rules of Conciliation and Arbitration. The arbitration proceedings shall be conducted in Lebanon. Neither party nor the arbitrators(s) may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

30. Contact Information.

Your comments and suggestions related to this Agreement or to any of our Service, are always welcome. You may contact us through the following email info@petitmignonlebanon.com
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