Terms & Conditions
Welcome to BerberianRugs.com. By using this website, you agree to be bound by the Terms and Conditions set out below.
References in these Terms and Conditions to “we”, “us” and “BerberianRugs” are to BerberianRugs.
Online Shopping
1.1 We are taking care to ensure that all prices, pictures, and descriptions of products appearing on the website are correct. We have made every effort to display as accurately as possible the appearances, colors, textures or finishes of our products that appear on the website. What you see will depend on your monitor and computer equipment, we are therefore unable to guarantee that the product images are an accurate representation of the actual merchandise. Please refer to our Returns Policy for specifics relating to returns, exchanges and refunds.
1.2 We will not be liable if for any reason the BerberianRugs website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all the BerberianRugs website.
Process
2.1 All orders that you place on this website will be subject to acceptance in accordance with these Terms and Conditions.
2.2 Non-acceptance of your order may be due to any one or more of the following non-exhaustive reasons:
The product you ordered is out of stock;
Our inability to obtain authorization for your payment;
We have identified a pricing or product description error;
There is a system or procurement failure.
2.3 When you place an order on our website we will email your order detailing the product you have ordered and the payment method used.
Tracking Your Order
3.1 Once your payment has cleared, we will process your order. You will receive a confirmation e-mail as soon as your order has shipped with the name of the courier and tracking number link to track your package. The tracking information may take 1 – 2 days to show. Sometimes the tracking information is not updated but you will still receive your order. If there is a problem with your package delivery, please contact the courier directly.
3.2 All of our shipments include Tracking with Delivery Confirmation. If the tracking information confirms that the item has been delivered to your order address but you have not received your order, please contact couriers in order to investigate this issue. We cannot be held accountable for packages where tracking information states the package has been delivered to your order address.
3.3 It is the responsibility of the buyer to make sure that she or he enters the shipping address correctly. We do our best to speed up processing and shipping times, hence there is a very small time gap to cancel/change your order or to change the address of your order. If you decide to cancel your order or change your shipping address, please write to us at hello@BerberianRugs.com as soon as you place your order. We will do our best to make the change, however, we cannot guarantee that we will be able to do so, as there are varying time limits in which we are able to do so.
Order Cancellation
4.1 If for any reason, you wish to cancel any order you have placed before it has been processed, you can cancel the order by contacting BerberianRugs Customer Service team online at hello@BerberianRugs.com.
4.2 As it is our policy to try to process orders immediately it may not always be possible to stop an order from being dispatched.
After placing an order, you have until 9:00 PM GMT of the following day to cancel and receive a refund.
Payment Methods
5.1 We only accept payment for orders in US Dollar.
5.2 We accept payment by MasterCard, Visa, Visa Debit and PayPal.
5.3 We are taking all reasonable measures, to keep the details of your purchase and payment secure, but, in the absence of gross negligence on our part, we will not be liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Berberian Rugs website. Our site uses industry-standard Secure Sockets Layer (SSL) technology to provide encryption of personal information such as your name, address and credit card details.
5.4 By buying one of our product, you specifically authorize us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including, but not limited to, your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
SHIPPING and REFUND POLICY:
All orders are shipped via FedEx International Air from Casablanca Morocco.
All items are shipped by air from Casablanca, It Take 3-7 business days between the time it takes off and when it arrives at your door in United States or Europe and 4-21 days if You are in Asia and the rest of the globe.
After placing an order, you have until 9:00 PM GMT of the following day to cancel and receive a refund.
RETURN POLICY:
All orders are final and we cannot accept returns. Please ensure all measurements, colors, and design are correct before submitting your order!
Pricing Policy
Although we try to ensure all our prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
Product Availability
7.1 Once an item is sold out it will be taken off the website at the earliest opportunity and may not be available again. Prices of products may change from time to time. Goods are subject to availability. As there is a delay between the time when your order is placed, and the time when the order is accepted, the stock position relating to particular items may change. If an item you have ordered becomes out of stock before we accept the order we shall notify you as soon as possible and you will not be charged for the out of stock items.
7.2 All items are subject to availability.
Member Account
Registering and using the Berberian Rugs website may involve you setting up an account and giving a password. You are fully responsible for maintaining the confidentiality of your account and the password, and all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password and any breach of security or misuse or suspected breach of security or misuse of the service, and ensure that you exit from your account at the end of each session if you use a shared computer. Berberian Rugs cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause 8.
Content/Activity Prohibited
9.1 Please choose carefully the information you post on the Berberian Rugs website and that you provide to other users. You must not misuse the Berberian Rugs website. You will not: send or otherwise post unauthorized commercial communications to users (such as spam); upload viruses, trojans, worms, logic bombs or other malicious code; corrupt data; cause annoyance to others users; post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence; use the Berberian Rugs website to do anything unlawful, misleading, malicious or discriminatory; facilitate or encourage any violation of these Terms and Conditions.
9.2 We reserve the right, in our sole discretion, to reject, edit or refuse to post any content and to remove any content from the Berberian Rugs website, whether or not the content is expressly prohibited by these terms and conditions, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
9.3 Please remember these Online Rules:
Berberian Rugs advises you not to reveal any personal information about yourself or anyone else that would allow you to be identified including but not limited to: telephone number, home address, business address, delivery address or email address.
Berberian Rugs reserves the right to close user accounts if we believe a user is using proxy Internet Protocol addresses (IPs) as a method to hide the use of multiple accounts or to disrupt any of our services in any way. If you use multiple logins for the purpose of disrupting the community we may take action against you and close your accounts.
By submitting any material to us, you automatically grant Berberian Rugs a royalty-free, perpetual, exclusive right and license to use, modify, edit, adapt, publish, re-use, translate, distribute, perform and display such material in whole or part worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You acknowledge that we are not obliged to publish any material submitted by you.
By submitting any material to us, you agree to use the Berberian Rugs website in accordance with these rules and website terms and conditions.
If you fail to abide by these rules you may be sent an email which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts. Action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all of the Berberian Rugs website.
Berberian Rugs reserves the right to edit or delete any contribution, or take action against any user account, at any time, for any reason.
If you do not want to grant Berberian Rugs the permission set out above on these terms, please do not submit or share your information.
Liability, Indemnity and Limitation of Liability
10.1 Berberian Rugs shall not be liable for any direct, special, incidental, indirect or consequential damages including loss of profit or loss of opportunity that result from the use of, or the inability to use, the material on this website or the performance of the product purchased through the website or the conduct of other users of this website, even if Berberian Rugs has been advised of the possibility of such damages.
10.2 The Berberian Rugs website may also contain links to other websites, which are not operated by Berberian Rugs. When you activate any of these you will leave the Berberian Rugs website and we have no control over, and will accept no responsibility or liability in respect of, the material on any website which is not under our control.
10.3 You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you.
10.4 We may terminate your use of the website immediately if we consider that you have breached these terms and conditions.
10.5 Customer releases Berberian Rugs, its officers, employees, directors, subsidiaries, principals, agents, heirs, coaches, executors, administrators, successors, assigns, instructors, guides, staff, and related entities and any of their respective owners, executives, agents, or staff (hereinafter “Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from Customer’s participation, interaction or purchase from Berberian Rugs. Customer accepts any and all risks, foreseeable or unforeseeable. Customer agrees that Berberian Rugs will not be held liable for any damages of any kind resulting or arising from including, but not limited to, direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Berberian Rugs products. If we breach these Terms, you agree that your exclusive remedy is to recover, from us or any affiliates, resellers, distributors, and vendors, direct damages up to an amount equal to amount you have paid us. YOU CAN’T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. These limitations and exclusions apply if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to these Terms such as, without limitation, loss of content; any virus affecting your use of our website; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, misrepresentation, or omission; trespass, or other tort; violation of statute or regulation; or unjust enrichment. Some or all of these limitations or exclusions may not apply to you if your state, province, or country doesn’t allow the exclusion or limitation of incidental, consequential, or other damages.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM
Berberian Rugs is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of all the products & services offered on Berberian Rugs.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@BerberianRugs.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Miami, FL before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Berberian Rugs principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Comments and Complaints
Please contact us if you have any comments or complaints by contacting: hello@BerberianRugs.com
We will always try to resolve any dispute as fast as possible.
General
14.1 We may change these terms and conditions at any time. If any of these terms and conditions are invalid or unenforceable, the remainder of these terms and conditions shall continue to have full force and effect.
14.2 We will not be responsible to you for any delay or failure to comply with our obligations under these terms and conditions if the delay or failure arises from any cause beyond our reasonable control.
14.3 If you breach these terms and conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
14.4 Berberian Rugs reserves the right to amend, remove or vary the services and/or any page of this website at any time and without notice.
Entire Agreement
These terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Berberian Rugs. Any waiver of any provision of the terms and conditions will only be effective if in writing and signed by an officer of Berberian Rugs.
Our details
Berberian Rugs
STE BerberianRugs SARL
ADDRESS : 12 Harrington street
Apartment 5, Dublin
Irland
Email : hello@berberianrugs.com