Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE
FOUR METALS MARKET
"Buyer" means the Member who buys or agrees to buy the Goods from the Seller;
"Consignee" means a party named by the buyer under shipping details of purchase order as the party to whose order a package will be delivered;
"Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
"Goods" means the articles that the Buyer agrees to buy from the Seller;
"Seller" means Intranetworking and Software Consultant Company (ISC) sarl taking the physical address at Suite 2029, Level 2, Louis Vuitton Building, Beirut Souks, Allenby Street, Beirut Central District, Lebanon that owns and operates the online shop Four Metals Market using the web address fourmetalsmarket.com;
"Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
"Website" means Four Metals Market fourmetalsmarket.com.
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
Any complaints should be addressed to the Seller's address stated in section “Definitions”.
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in section of "Order Process" provided under Frequently Asked Questions (FAQ).
PRICE AND PAYMENT
The price of the Goods shall be that stipulated on the Website. The price is exclusive of any applicable taxes. Where applicable, the price excludes transaction fee and delivery charges.
The total purchase price, including transaction fee, any applicable taxes and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on refund/ cancellation policy.
Where applicable, if any payment is not paid on time or any payment is rejected or refused, the Buyer will be considered on default of unsettled purchase order and the Seller will be entitled immediately to cancel the unsettled purchase order, disable membership of the Buyer, and cease or suspend the provision of further deliveries of Goods until payment of 5% of the unsettled purchase order has been received as default penalty charges.
RIGHTS OF SELLER
The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
The Seller reserves the right to withdraw any Goods from the Website at any time.
The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
AGE OF CONSENT
Where Goods may only be purchased by persons of a certain age the Buyer will be asked when registering on the Website as a Member to declare that they are of the appropriate legal age to purchase the Goods.
If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
Goods will be made ready for delivery within 3 working days of acceptance of order.
Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Delivery of the Goods shall be made at Seller’s address stated in section “Definitions” by the Consignee named in the purchase order under shipping details and the Buyer shall make all arrangements necessary for the Consignee to take delivery of the Goods whenever they are tendered for delivery.
Risk in the Goods shall pass to the Consignee upon delivery of the Goods, or where the Consignee fails to take delivery at the agreed time.
Title in the Goods shall not pass to the Consignee until payment of the price has been made in full.
CANCELLATION AND REFUND
Once the purchase order is submitted and sale/purchase contract is formed, the right of the Buyer to cancel does not apply to contracts formed to buy goods of precious metals.
The Buyer will be considered in breach of "Terms and Conditions of Sale" on raising a cancellation request prior the payment due date and the Seller will be entitled immediately to cancel the unsettled purchase order, disable membership of the Buyer, and cease or suspend the provision of further deliveries of Goods until payment of 2% of the cancelled purchase order has been received as cancellation penalty charges.
The Buyer may request for refund according to below guidelines together with acceptable reason for such a request:
- Return notification of purchased goods is received within three working days of delivery due date.
- Termination notification of undelivered goods is received before delivery due date.
- Return/ Termination notification is received through the Seller’s Ticket Tracking System.
- Reason is considered by the Seller as a valid for return or termination notification.
Any refund in case of return or termination is subject to buyback where value of goods in questions will be determined by the Seller according to the below:
- If current price of goods in question is lower than purchase price, then goods in question will be valued at current price minus 3% of Goods value as refund charge.
- If current price of goods in question is higher than purchase price, then goods will be valued at purchase price minus 3% of goods value as refund charge.
The Consignee shall inspect the Goods immediately upon receipt and shall notify the Seller in writing on the delivery note immediately if the Goods are damaged or do not comply with descriptions of purchased goods. If the Consignee fails to do so the Consignee shall be deemed to have accepted the Goods and return will only be possible according to above section of cancellation and refund.
Where a request of return is made and accepted by the Seller, the Goods shall be returned by the Buyer to the Seller within 1 day of acceptance date. The Buyer shall be entitled to a refund of Goods value as determined by the Seller minus 3% of goods value as return charges.
Goods to be returned must clearly show the order number obtained from the Seller on the package.
Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
In addition to these Terms and Conditions, the following terms and conditions shall apply to the sale of gift vouchers:
The Buyer must notify the Seller of any discrepancy in a delivery as soon as possible but in any event within 7 days of the delivery of the vouchers.
Risk of loss, destruction or damage to the vouchers remains with the Seller until delivery to the Buyer where upon risk shall pass to the Buyer.
Gift vouchers may be exchanged for goods offered at the Website. Vouchers cannot be redeemed for cash in part or whole. Vouchers are not sold on a sale or return basis and no return will be permitted unless it can be demonstrated that the Seller has been in error in fulfilling the Buyer's order.
Gift vouchers are valid for unlimited time from the date of purchase and cannot be renewed once they have used. Vouchers cannot be replaced if lost or damaged.
LIMITATION OF LIABILITY
Except as may be implied by law, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
No waiver by the Seller (whether expressed or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of Republic of Lebanon and the parties hereby submit to the exclusive jurisdiction of the Republic of Lebanon courts.