TERMS AND CONDITIONS
Last Updated: October 3, 2016
Welcome to The Twist website! This Website is owned and operated by The Twist by Danya Jabre (“we”, “us”, “our”).
Your use of the Website is governed by the Terms and Conditions (the "Agreement") stated below. Please read this Agreement carefully before using this Website. By using this Website, you signify that you agree to this Agreement. If you do not agree with these terms and conditions, you must discontinue use of this Website.
We rarely update this Agreement but still we encourage you to review this page periodically. You can find the last updated date on the top of this page. Such changes shall become effective immediately upon the posting. Your continued use of the Website following any posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
If you have any queries or concerns about this Agreement or its updates, please feel free to write to our Customer Service Department at email@example.com.
By using or purchasing products on the Website, you represent that you are eighteen (18) years of age or older.
You can register for The Twist Account (the “Account”) by providing your full legal name, current address, phone number, email address, and any other information indicated as required. You will provide true, accurate, current, and complete information about you as requested in the registration form, and will update the information to keep it current.
You are responsible for keeping your password secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. You are responsible for all activity and content such as data, graphics, photos and links uploaded under your Account.
We may reject your registration or cancel an existing Account, for any reason, in our sole discretion.
You are responsible for all charges incurred under your Account, whether made by you or another person using your Account.
If for any reason we do not receive payment for a purchase, or if payment is found to be fraudulent, we may exercise our rights in law and equity, including (a) immediately suspending or terminating your Account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of this Agreement.
You are also responsible for paying any governmental taxes imposed in connection with use of the Website or the purchase or any products, including sales, use or excise taxes. To the extent that we are obligated to collect such taxes, the applicable tax will be added to your payment. All sales on the Website are final.
Most products are made-to-order. The order process for both in-stock and made-to-order products begins as soon as your online purchase is completed.
Requesting for products in any other size may add additional processing time and service charges and may require some additional time for fulfillment.
We deliver using [Aramex].
You will receive your order within 2 to 3 weeks from your receipt of your Order Confirmation, unless otherwise specified that you will receive it earlier.
However, if the product you ordered is out of stock, we will immediately contact you with an estimated delivery date. Please allow 2 to 4 weeks for delivery for products that are out of stock.
Delivery of all orders will be to your given address only at specified times.
For your protection, a signature is required upon delivery.
All shipping rates are based on the weight of your purchases, the total varying in price based on your shipping location.
We are not responsible for any customs, imports or duty charges your country may have.
We are not liable for any delays in delivery by the courier company / postal authorities, and only guarantees to hand over the consignment to the courier company or postal authorities within 2 working days from the date of the order and payment, or as per the delivery date agreed at the time of order confirmation.
We want to make your shopping experience easy and comfortable, so we have taken measures to guarantee all orders you place with us will be safe and secure. We use the latest in security technology to ensure personal information stays safe.
We use the industry standard encryption protocol known as Secure Socket Layer (SSL) to keep your information secure and protected from outside parties when transmitted from your computer to our server. We constantly update our security procedures and enhance our site to meets the very latest encryption standards.
Refunds and Exchanges.
All payments are NON-REFUNDABLE.
Based on our sole discretion, we will only issue refunds if the product has defects or problems due to our own fault.
Based on our sole discretion, we can facilitate product exchanges, provided the product was delivered and will be exchanged only within Lebanon.
We have the right to make decisions regarding refunds and exchanges on a case-by-case basis, and we will have the option, but not the obligation, to refund such purchases with credits toward future purchases on the Website.
Availability, Changes and Inaccuracies.
We reserve the right at any time, and from time to time, to modify or discontinue, the Website (or any part thereof) with or without notice.
We are constantly updating our products and services on the Website. We make every attempt to ensure that our online catalog of products is as accurate and complete as possible. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. The products or services available on our Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website and in our advertising on other websites. Prices and descriptive information or imagery are subject to change without notice.
We reserve the right to correct any errors, inaccuracies or omissions including after an order has been submitted, and to change or update information at any time without prior notice. In cases where the price of the product you purchased as shown on the Website is different from the price on the Order Confirmation you receive, the price on such email will be the correct and final price.
If a product's listed price is lower than its actual price, we will contact you prior to processing the order to confirm the new price. Should you not want to continue with your order at this time, it will be cancelled. We will not honor inaccurate or incorrect pricing. We do not negotiate the prices of our products.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Unless we explicitly state otherwise in an agreement between you and us, we own or license all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Website (the “Website Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Website Materials. All Website Materials are protected pursuant to copyright, trademark, patent and other applicable laws. As between any user and us, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Website are proprietary to The Twist or its affiliates, licensors or suppliers. Under no circumstances will you have any rights of any kind in or to the Website Materials, other than the right to use the Website Materials in accordance with this Agreement.
You agree that you will not use the Website for (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Website Materials, unless otherwise authorized by this Agreement or in a separate written agreement with us; (c) attempting to gain unauthorized access to our computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Website or any services provided through the Website; (d) any resale or commercial use of the Website; (e) any downloading or copying of the Website Materials for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools; (f) using the Website to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; or (g) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Website aimed at preventing or restricting the unauthorized use of the Website or any of the Website Materials. You may use the Website and the Website Materials consistently with this Agreement. Any other use of the Website or Website Materials, including but not limited to the aforementioned unauthorized uses, without our prior written permission is strictly prohibited. You acknowledge and agree that the unauthorized use of the Website or the Website Materials could cause irreparable harm to us and that in the event of such unauthorized use, we shall be entitled to an injunction in addition to any other remedies available at law or in equity.
Materials Submitted to the Website.
Certain features of the Website may allow you to contribute comments, feedback, information, content, text, files, graphics, postings, and other materials and information for access, use, viewing and commentary by other users to the Website (“User Content”). By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Website and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Unless we explicitly state otherwise in an agreement between you and us, upon your submission of User Content or other material or information to us, you grant us a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever.
Third Party Websites and Content.
The Website may contain links to other internet websites for the convenience of users. Use of such third party links, the Website and the Website Materials and any other material or content on and made available through the Website is entirely at your own risk, and subject to the terms and conditions of such other websites. We do not recommend and expressly disclaim any responsibility for the content, or quality of products or services provided by or advertised on third party sites.
You are advised to check the privacy statements of those sites and be cautious about providing personally identifiable information without a clear understanding of how the information will be used.
Neither us, nor any of our agency, officer, or employee warrant the accuracy, reliability or timeliness of any information published on the Website, nor endorses any products or services linked from the Website, and shall not be held liable for any losses caused by reliance on the accuracy, reliability or timeliness of such information. Portions of the information may be incorrect or not current.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
The Website, Website Materials and User Content on, in and made available through the Website are made available “as is” and “with all faults.” We and our licensors make no representations or warranties, and disclaim all representations and warranties, with respect to such, including the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement.
The Happiness Therapy collection has not been evaluated and are not meant to prevent, treat or diagnose any disease, illness or symptoms. You understand that you are assuming all risks and benefits on your own profound belief of the Happiness Therapy collection's positivity and therapeutic properties.
If you think you may have a medical emergency, call your physician immediately. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition to assist you in interpreting information you receive from any source, including this Website, and in applying information to your individual case. The information on this Website should not be used for diagnosing or treating a health problem or disease.
USERS OF THIS WEBSITE AGREE THAT NEITHER WE NOR OUR AFFILIATES SHALL BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGES WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. YOU AGREE TO USE THIS WEBSITE AND SUBMIT INFORMATION AT YOUR OWN RISK.
Limitation of Liability.
Under no circumstances shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from: (i) the use or the inability to use the Website; (ii) the cost of procurement of substitute goods resulting from any goods purchased or obtained or messages received or transactions entered into through the Website; (iii) information contained in the Website; or (d) any other matter related to the Website, even if we have been advised of the possibility of such damages..
You agree to indemnify and hold each of our subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website in your violation of the Agreement, or your infringement, or any other user/member of your registered Account, of any intellectual property or other right of any person or entity.
We use reasonable efforts to ensure that the Website is generally available. However, there will be occasions when access to the Website will be interrupted or unavailable. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Website.
You understand that the technical processing and transmission of any Website content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Website will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to the Website or the Internet, including, for example, personal information such as your name or address.
Term and Termination.
We may terminate the Agreement or the Website at any time with or without cause, and with or without notice. We will have no liability to you or any third party because of such termination.
Upon termination or expiration of these Agreement by either party for any reason, we may delete your archived data within 30 days after the date of termination.
Termination shall not affect our rights to recover from you losses, damages, indemnity, defence costs, expert costs, collection costs and/or attorney’s fees or expert witnesses’ cost or other costs of any kind under this Agreement.
Reservation of Rights.
Except for the rights expressly granted to you pursuant to these Agreement, you acknowledge that you have no right, title or interest in or to this Website, the Website or Proprietary Rights. All rights not expressly granted by us in these Agreement are hereby reserved by us. There are no implied rights.
The Website is controlled and operated from within the Lebanon. Without limiting anything else, we make no representation that the Website, Website Materials, User Content, services, products, information or other materials available on, in, or through the Website is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Website from other locations do so on their own volition and are responsible for compliance with applicable laws. Our waiver or failure of to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under this Agreement.
Governing Law and Jurisdiction.
This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of Lebanon, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Website, you consent and agree to the exclusive jurisdiction of the courts located in Lebanon.
This Agreement constitute the entire agreement between you and us and govern your use of the Website, superseding any prior Agreement between you and us (including, but not limited to, any prior versions of the Agreement).
Headings used in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
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.
You may not assign the Agreement without our prior written consent, which we may refuse in our sole discretion. Any attempt by you to assign this Agreement without our prior written consent will be deemed null and void. We may assign this Agreement at any time.
No person or entity not party to this agreement will be deemed to be a third party beneficiary of this Agreement or any provision hereof.
No agency, partnership, joint venture or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever.
We will have no liability to you or any third party for our failure to perform our obligations under this Agreement in the event that such non-performance arises as a result of the occurrence of an event beyond our reasonable control, including without limitation an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other event of force majeure.