Terms of Service
Last Updated: November 22, 2024
Introduction
Welcome to The Nacre. These Terms of Service (“Terms”) govern your use of our website and the services we offer. By accessing our site and purchasing products from us, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use our site.
1. Acceptance of Terms
By visiting our website and/or purchasing something from us, you agree to be bound by these Terms, including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
2. Privacy
Please review our Privacy Policy, which also governs your use of our site, to understand our practices.
3. Your Obligations and Responsibilities
You agree to provide true, accurate, current, and complete information about yourself as prompted by our website’s registration and checkout forms. You also agree to maintain and promptly update your account information to keep it true, accurate, current, and complete. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
4. Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
5. Products or Services
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.
6. 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.
7. 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.
8. Third-Party Links
Certain content, products and services available via our Service may include materials from third parties. 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.
9. 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.
10. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
11. Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.
12. Prohibited Uses
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content for any unlawful purpose or to solicit others to perform or participate in any unlawful acts. You may not use Service:
- In any way that violates any applicable national or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letters,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
13. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
OUR WEBSITE IS PROVIDED BY THE NACRE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE NACRE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE NACRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, REASONABLE CARE AND SKILL OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE NACRE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON OUR WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT.
14. Indemnification
You agree to indemnify, defend and hold harmless The Nacre and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
15. Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.
16. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us.
17. Entire Agreement
These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service.
18. Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Arab Emirates.
19. Changes to Terms of Service
You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website.
20. Contact Information
Questions about the Terms should be sent to us at support@buynacre.com.
21. Order Confirmation & Shipping
After placing your order, you will receive a confirmation page and an email confirming your order. Orders are shipped on business days (Monday through Friday, excluding major holidays). All orders are subject to authorization. Only authorized orders will be processed and shipped. Delivery charges will be indicated during your checkout process, in your local currency. Orders may not be shipped to P.O. boxes, AFO/FPO addresses, or to any address outside the United Arab Emirates.
22. Cancellation, Return & Exchange Policy
We understand that sometimes you might change your mind regarding your purchase. If you change your mind before receiving your order, email our Customer Care at support@buynacre.com to cancel your order. If your order has already been processed, such cancellation will be treated as a return. You may return the product(s) to us by courier. Products must be returned unused, with all tags still attached, in their original box and packaging, along with the original invoice, within 14 days of purchase. Custom-made products may not be refunded or exchanged.
23. Product Descriptions
We endeavor to provide an accurate description of the products on our website and to display the colors of the products as accurately as possible. We cannot guarantee that your monitor’s display of any color will be accurate.
24. Personal Opinions
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated, are their own and do not necessarily reflect the views of The Nacre. We accept no responsibility for any such views expressed in any media.
25. Indemnification (Revised)
You agree, at our request, to defend, indemnify, and hold harmless The Nacre and its affiliates, including their officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the website, any breach by you of these Terms or the use by any other person accessing the website using your Internet account. The Nacre reserves the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you hereunder, and such right and indemnification will survive these Terms and your use of the website.
26. Availability
You acknowledge that (i) it is technically impossible that the website will be provided free of defaults and that The Nacre cannot take any responsibility for this, (ii) that defaults may lead to the temporary unavailability of the website, and that (iii) the operation of the website may be adversely affected by conditions and performances outside The Nacre’s control, such as, for example, transmission and telecommunication links between The Nacre and you and between The Nacre and other systems and networks.
27. Modifications and Interruptions
The Nacre may at any time, temporarily or permanently modify or interrupt, all or part of the website in order to perform maintenance work and/or make improvements and/or changes to the website. The Nacre is not liable for any modification to or suspension or interruption of the website.
28. Miscellaneous
We reserve the right to modify these Terms and Conditions at any time without notice to you. Any modifications of these Terms and Conditions will be effective once published on our website. Your continued use of the website (or any of our other websites) following such change shall signify your agreement to be bound by the modified Terms and Conditions. Please read the Terms and Conditions and check back often. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the website.
These Terms and Conditions constitute the whole legal agreement between you and The Nacre and govern your use of the website and all Services and products available thereon and completely replace any prior agreements between you and The Nacre in relation to the same.
You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you and The Nacre may stop providing the same (or any features within them) to you or to users.
You understand that The Nacre grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials and The Nacre reserves the right to revoke these exceptions either generally or in specific cases.
You understand that you are solely responsible for (and that The Nacre has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which The Nacre may suffer) of any such breach.
If The Nacre does not exercise or enforce, or delays in its exercise or enforcement, of any legal right or remedy, this will not be taken to be a formal waiver of The Nacre’s rights.
You and The Nacre are independent contractors, and these Terms and Conditions, including but not limited to submission or distribution of Your Content, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and The Nacre. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set out in the Terms and Conditions. Neither party shall advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liability or obligation on behalf of, or in the name of, the other party, unless specifically provided for in these Terms and Conditions.
If any of the provision of these Terms and Conditions is held to be illegal or unenforceable, the other terms of these Terms and Conditions shall not be affected and shall remain in full force and effect.
These Terms and Conditions are reproduced in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will prevail.
These Terms and Conditions are governed by the laws of the Emirate of Dubai, United Arab Emirates and all disputes arising hereunder are subject to the exclusive jurisdiction of the Dubai courts.
29. Contact Us – Customer Care
If you have any questions about the Terms and Conditions or any aspect of your order, please contact our Customer Care by email at support@buynacre.com.
