Terms of service
OVERVIEW
Welcome to HaBiBi! The terms “we,” “us,” and “our” refer to HaBiBi. HaBiBi operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, as a customer, with a personalized shopping experience (hereinafter referred to as the “Services”). HaBiBi is a store powered by Shopify, which allows us to deliver the Services to you.
The Terms of Use below, along with all related policies (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you declare that you are at least the age of majority in your state or province of residence, and you give us your consent to allow any minor dependents of yours to use the Services on devices that you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores, or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping details.
You represent and warrant that all information you provide in our stores is accurate, current, and complete and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You are not permitted to transfer, sell, assign, or sublicense your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen due to the type of device you use to access the store, as well as your device’s settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the descriptions or representations in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. HaBiBi reserves the right to accept or reject your order for any reason at its discretion. Your order is not accepted until HaBiBi confirms its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as HaBiBi may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time of the order.
Your purchases may only be returned or exchanged in accordance with our Refund Policy.
You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions may change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be listed in your order confirmation email. Unless otherwise indicated, the prices displayed do not include taxes, shipping and handling fees, or customs or import duties.
Prices listed in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions on the Services that affect pricing and that are governed by terms and conditions separate from these Terms. In case of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use the credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay all charges incurred by you at the posted prices, including shipping and handling fees and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All shipping times are estimates and are not guaranteed. We are not liable for delays caused by freight carriers, customs processing, or events beyond our control. Once we hand off the products to the carrier, title and risk of loss transfer to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, displays, images, graphics, product reviews, videos and audio content, as well as their design, selection, and arrangement, are the property of HaBiBi, its affiliates, or its licensors and are protected by U.S. and international patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly stated in these Terms, nothing herein grants or should be construed as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual property of HaBiBi, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by HaBiBi.
The names, logos, product and service names, designs, and slogans of HaBiBi are trademarks of HaBiBi or its affiliates or licensors. You may not use these trademarks without HaBiBi’s prior written permission. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to third-party tools through the Services, which we do not monitor and over which we have no control or influence.
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.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any integrated third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access such materials or third-party sites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to third-party websites, or to your purchase or use of goods, services, resources, or content available on those third-party websites. Please carefully review the policies and practices of those third parties and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and must not be removed or altered.]
HaBiBi is powered by Shopify, which enables us to provide you with the Services. However, the sales and purchases you make through our store are conducted directly with HaBiBi. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and HaBiBi, including any harm, damage, or loss arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or related to your purchases and transactions with HaBiBi.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and some personal information may also be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Since the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve the Services. The information you submit through the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in countries other than your own, in order to provide the Services to you. Please refer to our Privacy Policy [LINK] for more details about how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, packages, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, and fully royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media and for any purpose, including commercial purposes. For example, we may use the rights granted under this license to operate, provide, evaluate, improve, enhance, and promote the Services, as well as to fulfill our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that (i) you own or otherwise have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms. We have no obligation (1) to maintain the confidentiality of your Feedback; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Feedback 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 Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on or within the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery 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 on the Services is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:
(a) for any illegal or malicious purpose;
(b) to violate any international, federal, provincial, national, or local law, regulation, rule, or ordinance;
(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person;
(e) to knowingly transmit false or misleading information;
(f) to send, receive knowingly, upload, download, use, or reuse any material that does not comply with these Terms;
(g) to transmit or ensure the sending of any advertising or promotional material, including any “junk mail,” “chain letters,” “spam,” or any other similar solicitation;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, in our sole judgment, may harm HaBiBi, Shopify, or users of the Services, or expose them to liability.
Furthermore, you agree not to:
(a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services;
(c) collect or track the personal information of others;
(d) send spam, phishing, pharming, pretexting, robot, crawler, or scraping activities; or
(e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice, and you will remain liable for all amounts owed up to and including the date of termination.
The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision which by its nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance by you or any other visitor to the Services, or any other person informed of their content.
EXCEPT AS EXPRESSLY PROVIDED BY HaBiBi, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HaBiBi, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless HaBiBi, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party arising out of or resulting from (1) your violation of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to or use of the Services.
We will notify you of any indemnifiable claim, provided that failure to give prompt notice will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including the selection of counsel, but we will not settle any claim requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service without affecting the validity and enforceability of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, along with any policies or operating rules published by us on this site or relating to the Service, constitute the entire agreement and understanding between you and us and govern 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 of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafter.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreement by which we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts located in the jurisdiction where HaBiBi is headquartered. You and HaBiBi consent to the venue and personal jurisdiction of these courts.
SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and shall not affect or limit these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to the Services after any changes have been posted constitutes your acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at senhajim@hotmail.com.
Our contact details are as follows:
Habibi Trading Group Inc.
senhajim@hotmail.com
3294 rue de Miquelon, Brossard, Quebec, J4Y2T2
+1 514 998 8346