Welcome to www.loyabi.com (“Site”). The owner and operator of the Site is Loyabi E-marketplace/ E-Commerce Owned by Loyabi SARL, a limited liability company registered in Lebanon, Zahle under number 4006950, with its headquarter located in Lebanon, Beirut, Down Town, Beirut Souks, Block M, 4th Floor and an office located in Beirut, Sin El Fil, Fouad Chehab street, 549 building, 6th floor (“we”, “our” or “us”).
I- ABOUT OUR SITE
The Site is an e-marketplace/e-commerce platform that allows enterprise users to offer and sell their products, and individuals and enterprise entities to buy products marketed and posted on the Site.
We reserve the right to introduce new Services and update or withdraw any of the Services, in our sole discretion, and we will not be liable to you for exercising this discretion.
II- ELIGIBILITY AND REGISTRATION REQUIREMENTS
(A) you are above the legal age for purchasing products in your country of residence; and
(B) you are able to provide personal information and an address in Lebanon for delivery of products.
(A) you are a legal entity duly registered in your jurisdiction; Your registration number before the register of commerce and the ministry of finances shall be provided, along with their respective legal documents.
In case you do not have any registration number either before the register of commerce or at the ministry of finances, you will be considered, fiscally, as non-resident. Consequently, Loyabi SARL will have the obligation to deduct, from your dues, the non-resident tax equivalent to /7,5%/, and to declare such transaction to the ministry of finances, without getting your approval.
(B) you have to provide any proof or document related to your quality and capacity to represent the entity (Whether a certificate, a circular, a power of attorney) giving you the powers and authorities to be registering and using the Site;
(C) you can provide supporting bank details; and
(D) you acknowledge and agree that for certain product categories, additional requirements, such as, without limitation, proof of licenses, authorizations, etc… might be applicable.
III- YOUR OBLIGATIONS
(A) are responsible for maintaining the confidentiality of, and restricting access to and use of your account and password, and accept responsibility for all activities that occur under your account and password;
(B) agree to immediately notify us of any unauthorized use of your password or account or any other breach of security;
(C) will provide true, accurate, current and complete information about yourself and your use of the Services as required by us;
(D) will not disclose to any third party (except as required or requested by us) a user’s information provided to you; and
(E) will cooperate with our requests for additional information with respect to your eligibility and usage of our Services.
(A) post, list or upload in any manner any information which is blasphemous, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
(B) post, list or upload content or items in inappropriate or prohibited categories or areas on our Site, including:
(B/1) content or items that may be considered culturally or religiously offensive in any way;
(B/2) content or items which may not be considered to be in compliance with general local law, rules, morals, values, ethics and traditions;
(B/3) content or items that may threaten national security;
(B/4) content or items which may constitute or be considered to promote gambling;
(B/5) securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;
(B/6) living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural;
(B/7) weapons of any description;
(B/8) drugs, psychotropic substances, narcotics, intoxicants of any description and medicines;
(B/9) items that to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Site user’s interest or health;
(B/10) non-transferable vouchers; and
(B/12) post items you do not have a right to distribute, sell, or otherwise dispose
(B/13) post counterfeit or stolen items;
(B/14) breach or circumvent any laws, third party rights or our systems, policies or determinations of your account status;
(B/15) use our Services if you no longer fulfil the eligibility criteria or are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our Services;
(B/16) fail to pay for items purchased by you, knowing that refund and return policies may be applicable on some items.
(B/17) fail to deliver items sold by you (if applicable), unless you have a valid reason as set out in any of our policies;
(B/18) use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website;
(B/19) manipulate the price of any item;
(B/20) interfere with any other user’s listings;
(B/21) take any action that may undermine the Site’s feedback and ratings systems;
(B/22) transfer your account to another party without our prior written consent;
(B/23) distribute or post spam, unsolicited or bulk electronic communications or similar;
(B/24) distribute viruses or any other technologies that may harm our Services or the interests or property of other users;
(a) the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights”) that belong to or are licensed to us; or
(b) any Intellectual Property Rights that belong to third parties;
(B/26) harvest or otherwise collect information about users without their consent; or
(B/27) circumvent any technical measures we use to provide the Services.
IV- INTELLECTUAL PROPERTY RIGHTS
(A) all content included on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads and software is our property or the property of our licensors. We (or our licensors, as the case may be) retain all right, title and interest in and to the Site and the Services, including, without limitation, all Intellectual Property Rights therein; and
(B) all rights, title and interest in and to any information, materials or other content that you provide in connection with your use of the Services, including all Intellectual Property Rights therein, can be used by us.
V- WARRANTIES, REPRESENTATIONS & UNDERTAKINGS
(A) you shall fully comply and will at all times continue to fully comply to all applicable laws, statutes and regulations, including, without limitation, all privacy laws and content regulation;
(C) any laws, rules, regulations or governmental guidelines to which you are subject to; or
(D) any other agreements to which you are a party to or to which you are otherwise bound by;
(F) you own or have the authority to sell the Products you post on the Platform, or to buy the posted Products.
(G) any content you submit as part of your use of the Services and any products that you list do not violate the rights of any third party anywhere in the world including, without limitation, any Intellectual Property Rights (whether registered or not).
VI- LIABILITY & INDEMNITIES
(A) for fraud, including fraudulent misrepresentation, perpetrated by that party;
(B) for death or personal injury caused by the negligence of that party; or
(C) for any other liability that cannot be limited or excluded under applicable law.
(A) the content or other information you provide when using the Services;
(B) your use of or your inability to use our Services;
(C) pricing, shipping, format or other guidance provided by us;
(D) delays or disruptions in our Services;
(E) viruses or other malicious software obtained by accessing or linking to our Services;
(F) bugs, errors or inaccuracies of any kind in our Services;
(G) damage to your hardware device from the use of products sold on the Site or our Services;
(H) the content, actions or inactions of third parties using our Services;
(I) a suspension or other action taken by us with respect to your use of the Services;
(J) the duration or manner in which your listings appear in search results; or
(A) any claims or demands made by any third party due to or arising out of your use of the Services;
(C) your violation of any applicable laws, including, without limitation, data protection laws;
(D) the manner in which you use our Services, including, without limitation, the content you post, the items you list or your trademarks infringe the Intellectual Property Rights of any third party or that the content of your listings is slanderous, defamatory, obscene or violates any other rights (including privacy rights) of any third party (including other Site users).
VII- SUSPENSION, TERMINATION & CANCELLATION
(B) If you use our Platform or Services for any unlawful and fraudulent purposes or in connection with a criminal offence or abuse our policy and rules;
(C) Invalid address given in order details;
(D) Any abuse or fraud used to place the order; or
(E) Any order placed using a technological glitch/loophole.
(A) you don’t reply to the payment verification mail sent by us;
(B) you fail to produce adequate documents during the payment details verification;
(C) you misuse credentials not belonging to you;
(D) you use invalid address, email and phone number;
(E) you attempt to overuse a voucher code;
(F) You return wrong or damaged product;
(G) you refuse to pay for an order;
(H) for Cash on Delivery (COD) items, you use fake currency banknotes to make the payment;
(I) you abuse or harass the delivery staff;
(J) miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Loyabi;
(K) your return, undeliverable rate is very high and often the returned products are missing, fake or damaged; or
(L) Repeated request for monetary compensation.
IX- LOYABI AFFILIATES & ADDITIONAL FUNCTIONS
TERMS OF SALE
These Terms of Sale set out the terms and conditions that govern the products supplied to you as a buyer on www.loyabi.com or on our mobile application (together defined as the “Site”). The owner and operator of the Site is Loyabi E Marketplace/E Commerce Owned by Loyabi SARL, a limited liability company registered in Lebanon under registration number 4006950, with its headquarter located in Lebanon, Beirut, Down Town, Beirut Souks, Block M, 4th Floor.(“we”, “our” or “us”).
Please read these terms carefully before you submit your order via the Site. By placing an order on the Site, you are agreeing to be bound by these Terms of Sale with immediate effect.
II- ORDER ACCEPTANCE
In order to authorize credit/debit card payments, we may be required to create an account for you with our third-party payment processors, including accepting their standard terms and conditions and submitting your details to them on your behalf. You hereby authorize us to do so and we shall not be liable to you for any damage or loss you may incur as a result.
We may remove or add cards or other payment methods that we accept at any time without prior notice to you.
(A) you do not make any payment to us when it is due;
(B) you do not provide us with information that is necessary for us to deliver the products; or
(C) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(D) order(s) not being capable of fulfilled due to product(s) not being available.
III- DELIVERY OF YOUR ORDER
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will notify you of how to rearrange delivery or collect the product;
if you do not collect the product from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we preserve the right to cancel your order.
You have received a wrong product;
You have received a product that is not as described on the Site; or
You have received a damaged product.
For refurbished products, you must return the product within seven (7) days of receipt of shipment.
Product is unused, in original unbroken packaging and includes all tags.
For electronics, open products will be accepted if different from description or picture displayed.
Returns are subject to category specific terms and conditions to be found in our Returns Policy.
(A) products that are classified as hazardous materials or use flammable liquids or gases;
(B) products that have been used or damaged by you or are not in the same condition as you received them;
(C) any consumable product which has been used or installed;
(D) products with tampered or missing serial numbers; or
(E) products that fall under specific categories, including food, beverages, household goods, digital books, swimwear, hosiery, underwear, socks, health, contact lenses, hygiene related and personal care products and certain baby products (e.g. tethers, diapers, hygiene tissues, feeding related products) music, video and video games.
(A) For delivered products, we will refund to you the product amount (excluding the amount paid for the original shipping fees) in full plus the cost of return:
- if the products are faulty or not as described on our Site; or
- if you reason for return is due to an error on our side, such as an error in pricing or description, a delay in delivery etc.
(B) In all other circumstances, we will refund the product amount (excluding the amount paid for the original shipping fees) and you may pay the costs of return shipping.
(C) For products not delivered, you will receive a full refund if you cancel the order under the terms herein;
- if you paid by cash on delivery, we will issue a refund to your e-wallet; or
- if you paid by credit/debit card, you can choose to have a refund by credit/debit card or to your e-wallet.
- if the refund is to your credit/debit card, within thirty (30) days from the day on which we receive the product back in our customer fulfilment center;
- if your refund is to your e-wallet, you will receive the refund immediately after your product is received back in our customer fulfilment center and inspected by our team; or
- if you have cancelled your order before shipping, an automated refund will be provided back to you.
V- DEFECT OR DAMAGE TO YOUR PRODUCT
- if a repair has been attempted by any service center not authorized by the product seller; physical damage i.e. product presenting clear signs of damage like broken screens, heavy dents, bent products, that can prevent a product from functioning properly; liquid damage i.e. any situation involving the submersion or splashing of an electronic device in any liquid/or when water indicator (if any inside the device) changes color; original software alteration or modification (e.g. “root” for Android devices or “jailbreak” for Apple devices);
- if there has been use of non-original accessories with your purchased product;
- if the serial number is removed from the product;
- for maintenance and periodic checks of purchased products;
- for replacement of consumables (e.g. batteries, light bulbs, fuses, headphones or printer ink);
- where there has been abuse or misuse of the product e.g. by not using it for its intended purpose or not in accordance with manufacturer’s instructions on usage and maintenance;
- where there has been damage of a product’s battery caused by overcharging, failure to use in accordance with the specific instructions of core outlined in product user manual or where charged by chargers other than those approved by manufacturer; and
- if any of the seals on the battery enclosure or cells are broken or show evidence of tampering.