Article 1. General Provisions
1.These conditions govern solely sales by casamarka.com of products and/or services offered on the website www.casamarka.com; the products and/or services sold via the casamarka.com website are reserved for private individuals registered on the website ("the Members").
2.The Member hereby acknowledges that s/he has read and accepted the relevant rights and obligations. Any order placed via the Services (as defined below) is governed by these conditions without any manuscript signature being required.
3.Failure by a member to respect his obligations under these General Sales Conditions may result in his membership account being suspended or cancelled, notwithstanding any damages and interest that may be sought by casamarka.com.
Article 2. Terminology
All of the provided products and services offered by casamarka.com on its website are hereinafter referred to as "The casamarka.com products and/or services" or "the products and/or Services ". The products and/or services are made available in all countries existed in the Site at purchasing time and in English. Each physical person or legal entity, legally of age and wishing to be eligible for the casamarka.com products and/or services and capable to fulfilling these terms and conditions, shall hereinafter be referred to as a "Member". Each acquisition or reservation of a product or a service made by a Member on the Website under the conditions stated in these Terms and Conditions shall hereinafter be referred to as "the Order".
Article 3. Referral
1. Access to the products and/or services is either via registration or via prior referral by a Member. Referral by a Member is limited to a restricted circle (friends and family) with whom the referring Member must be both effectively and physically acquainted. As a result, the mass recruitment of referred people who do not fall within this framework, for directly or indirectly profit-making purposes, or even free of charge, by any means including via a website, a blog, online advertising or magazines or forums, or by using the names of brands which work in partnership with the website or by reproducing a part of the webiste's catalogue, is strictly prohibited.
2. Failure by a member to respect his obligations under its referral system or causing any serious irregularities may result in his membership account being suspended or cancelled to ensure that these irregularities cease, notwithstanding any damages and interest that may be sought by casamarka.com.
Article 4. Placing An Order And Pricing Information
1. Members may place orders at http://www.casamarka.com, our Website.
2. The Member guarantees that s/he is fully authorised to use the credit/debit card supplied for the purposes of paying for his/her Order and that this credit/debit card has sufficient available funds to cover all of the costs incurred as a result of using the casamarka.com products and/or services. Otherwise, the member guarantee that he is eligible to pay cash on delivery (COD).
3. The prices of our products and/or services are given in usd, including all taxes (but excluding shipping costs, which will be indicated when the order is definitively validated and be included in the invoice or free of charge for certain conditions that will also be indicated). casamarka.com reserves the right to modify its prices at any time but the Products and Extras will be billed on the basis of the rates in force at the time the orders are registered.
4. The Products shall remain the property of casamarka.com until the price has been received in full by casamarka.com. For COD payment, products will be returned to casamarka premises in case member didn’t pay against delivery.
5. casamarka.com does not propose tax-free sales.
6. By clicking the "Checkout" button during the Order process, and afterchecking the contents of the Order in his/her "basket" and, where applicable, amending them, the Member hereby states that s/he fully and unreservedly accepts all of these Terms and Conditions.
7. After confirming the contents of his/her Order, the Member must make final confirmation by clicking the "Pay" button and making payment. The sale agreement between the Member and casamarka.com will only become final once the Order has been confirmed and the corresponding payment has been selected.
casamarka.com will always confirm both Orders received from each Member and then their shipment, by e-mail.
8. Exceptionally and only for certain sales, the Member may, while a sale of a product or service is still open, after having placed and confirmed an order, add other products or services from the same sale in one of two ways: Either by clicking on the 'complete my order' link in the My Account > My Orders section, or by clicking on the 'Add to cart' button of the website. The completion of this new order will follow the same process as stated in the above point no. 6.
9. The tax-inclusive price for each product or service is shown on the corresponding product or service sheet. Members will be informed of the shipping costs for their Orders prior to final confirmation. Furthermore, once the Order has been confirmed, the prices and costs including VAT will remain accessible in the "My Account" section of the Website. The two prices shown on the Website next to each product or service indicates the supplier's usual recommended retail price or RRP (shown crossed out), and the casamarka.com price. The shown RRP has been previously checked and compared to the market reality and other supplier's prices by casamarka.com. However, the RRP at the time of product launch may be different from the supplier's usual RRP at the time of the sale event on the Website. When a product has been commercialized during several seasons by the supplier, the RRP provided by the supplier is likely to have varied. For this reason, casamarka.com always uses, as a RRP, the lowest public retail price, provided by the supplier.
10. Any failure by the Member to adhere to the obligations entered into under the terms of these Terms and Conditions, and in particular relating to any incident involving the payment of the price of an Order, may lead to suspension of access to the casamarka.com service, or even the closing of the Member's account according to the degree of seriousness of the action in question, without prejudice to any damages which casamarka.com might seek. As a result, casamarka.com reserves the right to refuse any Order from a Member with whom there is any such dispute.
Article 5. Conformity Of Products Or Services
1. Each product is accompanied by an exact description (information sheet) of its main characteristics. The information given in each product listing is as provided to casamarka.com by the suppliers from whom the products or services are sourced. casamarka.com will do all it can to ensure that the photographic visuals of the products and/or services faithfully represent the products and/or services offered for sale on the webiste. However, given the digital method used to display the products or services on the Internet, It is possible that the Member's perception of the photographs of a product or service may not exactly match the product or service itself.
2. In the event of non-conformity of any product or service delivered to the Member, the latter may return it to casamarka.com following the procedure stated in the "Help & Contact" section available on the Website.
The Member may ask casamarka.com:
- To deliver a product or service which is identical to the one ordered, subject to stock availability;
- To deliver a product or service of equivalent quality and at an equivalent price, subject to stock and availability;
- To refund the price of the product or service ordered within fifteen (15) days from the request made by the Member (without prejudice to the Member's right to cancel under clause 8).
The cost of returning the product ordered and delivered to the Member, along with any delivery of another product, shall be covered by casamarka.com.
3. In any case, these provisions do not deprive the Member of his or her right to cancel, as governed by Clause 8 of these Terms and Conditions.
Article 6. Availability
1. The Products offered by us and our prices are valid as long as they are visible on the website and subject to the availability of stocks. For Products that are not held in our warehouses, our offers are valid subject to availability at our suppliers. In this context, we shall indicate the availability of the Products to you when you place your order. Since this information comes from our suppliers, it is possible that there may be errors or changes.
2. In the event of the unavailability of a Product after an order has been placed, the Member will be informed by e-mail or by telephone of the delivery of a partial order or its cancellation. The Member will then be refunded all or part of his order within at most fourteen (14) days of having been notified of the cancellation of his order. The refund will be made in the same manner as that used by the customer to pay at the time of his purchase (coupon or credit card).
Article 7. Cancellations
1. Apart from the exceptions stated below and for the purposes of sales events, all products or services sold are subject to the Cancellations clause. The Member has the right to cancel any Order placed on the Website within 7 (seven) days from the date on which the Order is confirmed and payment made in accordance with article 4 above in relation to the purchase of products and services or within 7 (seven) days from the date on which goods are delivered to the Member in relation to the purchase of goods.
2. However, certain products and services cannot be subject to the Member's right to cancel. In any case Members will be told about the products or services involved during the course of the sale.
3. The aforesaid cancellation right of 7 (seven) days does not apply, except if the parties agree to the contrary, to the following sale agreements:
- To service agreements, where services are fully performed in the 7 (seven) days cancellation period after the Member has expressly consented to receive the services in that period and has acknowledged that they will lose their cancellation rights once the service has been fully performed.
- To agreements for goods or services for which the price is fixed according to the financial market variations which cannot be controlled by the supplier.
- To sale agreements related to goods which were made according to the consumer's requirements or which obviously customized, or which cannot be returned because of their nature.
- To sale agreements related to goods which are likely to deteriorate and be outdated quickly (eg. dairy products). This category includes items with a kilometer counter or a time counter as any use will impact the item's value and render any resale impossible.
- To sale agreements related to sound or video records, or software, if they become unsealed after delivery.
- To sale agreements related to newspapers or magazines (other than subscriptions).
- To sale agreements related to accommodation, transport, catering or leisure services, where the supplier undertakes, when the contract is concluded, to provide these services on a specific date or within a specific period. This category includes items such as theatre tickets.
- To sale agreements for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons if they become unsealed after delivery.
- To sale agreements for the supply of goods which a badge of no return is posted on during the course of the sale.
4. Prior to returning a product or cancelling a service, the Member must state his or her intention by completing the "Cancellation Form" (Click here to open the Cancellation Form) or using the "Help" section on the casamarka.com Website, by selecting "Questions related to My orders". This right may be exercised by sending the product back to casamarka.com at the address stated in Clause 9, or for services by following the specific procedure for the service which will be stated on the Website. The Member has 7 (seven) days to change their mind and cancel the contract (as described here above) plus 3 (three) days after the day on which the Member informs casamarka.com of its cancellation to return the relevant goods. When the Member wishes to use his/her cancellation right, pursuant to this article, the product must be physically returned to casamarka.com and the Member is liable for any cost and risks involved in returning the product.
Article 8. Member's Procedure For Returning A Product Or Service
1. In order to be fully eligible for the conditions of Clause 5 "Conformity of products or services'' and those of clause 7 'Cancellations', the Member must return the product or service to casamarka.com:
- Subject to having completed a Cancellation Form in accordance with Help section;
- With the barcode label stuck onto the parcel, displaying the postal address of our Returns service;
- Properly protected, with its original packaging, in perfect condition for the purposes of resale (not damaged or soiled) together with any accessories, instructions and documentation;
- Together with the return slip identifying the order placed inside the return parcel;
- The product or service must not clearly have been subject to lasting use (longer than a few minutes), in other words the products must not show marks of extended use beyond the time required to test them and must be in a condition allowing them to be resold.
2. For orders settled by card, and member wishes to cancel the placed order within 7 days and/or return delivered products or services within 7 days of receiving the products(s), casamarka will refund the price of such returned products or services to the bank account provided that the return request is approved. However, member’s account may take time to be credited depending on card provider.
3. For orders settled by cash on delivery, and member wishes to return delivered products or services within 7 days of receiving date, casamarka will credit member wallet account the price of such returned products or services excluding the shipping fees and donation if any within 7 days from the collection date and subject to the compliance of the returned products or services to the return procedure stated above. Member shall have a period of 12 months starting the return collection date to use the amount and place other order(s) on the website.
4. For products received as a gift from another casamarka member, and gift receiver wishes to return delivered products or services within 7 days of receiving date, casamarka will credit gift receiver wallet account the price of such returned products or services excluding the shipping fees and donation if any within 7 days from the collection date and subject to the compliance of the returned products or services to the return procedure stated above. If the gift receiver doesn’t have a casamarka account, he will need to create one and shall have a period of 12 months starting the return collection date to use the amount and place other order(s) on the website.
5. For returned products or services due to casamarka’s fault, and member claimed to return the products or services within 7 days of receiving date, casamarka will take the charge of the delivery and return shipping fees. If the member in such a case claimed to return the products or services after the 7 days of receiving date provided that the request claim is approved, member shall pay the delivery and return shipping fees.
6. Member wishing to return the products or services within 7 days of receiving date shall take the charge of the delivery and return shipping fees provided that the return request is approved.
Article 9. Payment Methods
- 1. Purchases may currently be paid by credit/debit cards. Visa, Visa Electron, MasterCard are currently accepted. casamarka.com does not store members' bank details. Members should therefore save and print the payment document if they wish to have a copy of the transaction details.
- 2. casamarka.com offers its members the option to pay cash on delivery.
Article 10. Security
- 1. casamarka.com website has one of the most efficient current site security systems. Not only does it use SSL (Secure Socket Layer) encryption, it has also reinforced all of the various encryption processes in order to provide the most effective protection possible for all sensitive payment information. casamarka.com never has access to any confidential information about the means of payment.
- 2. Only Bank of Beirut, our banking partner, has access to confidential information (card number, validity date) and can not be accessed by any other third party.
- 3. All your purchase transactions are strictly confidential and encoded using the SSL protocol. casamarka.com does not have access to that data and does not store them on its servers. For this reason, you will be asked to re-enter your details for every new transaction on the website. When you press the "Validate" button to validate your order, our bank (Bank Of Beirut) verifies the validity of your credit card number and checks that it has not been blocked for any reason. In this way, you are doubly protected against misuse and fraud.
- 4. If you wish to delete a credit card registered by our bank, please click on the "My Account" tab and then "Stored Payment Methods". The credit cards that you have registered are listed there. Just click on the little dustbin (trash) symbol to delete them.
Article 11. Corporate Social Responsibility
casmarka aims to build a corporate with its strategies, policies and actions aligned with wider social concerns through sustainable initiative in socially relevant matters.
casamarka is committed to rise by lifting others for a better society through:
- Proactive actions for well being of the society as per the needs: optional donation program.
- Efforts for supporting environment protection and enhancement.
- Incorporating sustainability in business plans, strategies and processes.
Article 12. Loyalty Reward And Coupons Program
- 1. casamarka.com offers a loyalty reward program. Member will be granted 1 point for every 1$ spent, points that can be converted to a reward coupon. All earned points are valid until December 31st of the current year. Members can redeem every 2,000 points with a 30$ reward coupon valid for 30 days as of its activation date.
- 2. Member earns a coupon of $7 at his/her first order with a minimum spend of $50 on casamarka.com. Coupon valid for 30 days as of its activation date (date of order).
- 3. Referral by a member aims to grant the member a coupon of $7 once your referred member makes its first order with a minimum spend of $50 on casamarka.com. Coupon valid for 30 days as of its activation date (date of order).
Article 13. Delivery
- 1. Upon reception of your parcel, you must:
- Verify at the time of the delivery that the goods delivered comply with your order;
- Indicate any anomalies on the delivery docket, entering and signing a handwritten reserve;
- Confirm said reservations in writing to the carrier within three working days.
If the articles have to be returned to us, you must first seek authorisation to return them from our services (contact form) within 7 days of delivery.
No claims will be entertained after that deadline.
- 2. Age restriction - Delivery of alcoholic products: It is illegal to sell or deliver alcohol to anyone under the age of 18. casamarka.com cannot sell alcohol to anyone who is younger than 18 years old. By placing an Order you confirm that you are at least 18 years old. If you are buying alcohol on behalf of someone else, that person must also be over 18 years old. The Member or any individuals acting as recipient upon delivery of alcoholic products must show the courier a valid photo ID justifying that he or she is over 18 years old. Otherwise the courier will refuse to deliver any alcoholic products. In case the courier cannot deliver the package for any of the reasons previously mentioned, or in the absence of the member upon the first delivery attempt, the courier will leave a calling card in the letterbox and will attempt a second delivery. If the delivery still cannot be made, the courier will return the parcel to casamarka.com. No further attempt to deliver the products will be offered and you will be refunded.
- 3. Place of delivery - The products or services will be sent to the delivery address which the Member gives during the Order process. The contribution towards logistical preparation and shipping costs is inclusive of all taxes. Notice of all deliveries is given by e-mail. When an Order is shipped, casamarka.com gives notice that an original invoice including the delivery costs is available online in the "My Account" section of the Website. casamarka.com ships packages worldwide. The Member must choose the place of delivery: to his or her home, to his or her office, to a third party's address, to the place where s/he is spending her/his holidays, etc.
- If nobody is in at the address given by the Member when the delivery is made, a notice of attempted delivery is usually put through the letterbox. A second and a third attempt of delivery will be made. It will then be up to the Member to contact the courier to agree upon a new delivery date; it is also possible to collect the package from the courrier's nearest depot within seven (7) days from the leaving of this final notice.
- Once the times stated above have elapsed, the package will be sent back to casamarka.com. The Member Relations department will then contact the Member for a possible reshipment and, if there is no answer from the Member within a reasonable period of time, will refund him or her.
- 4. Delivery time - The maximum delivery time is thirty (30) working days from the date when the Order is made, unless stated otherwise to the Member prior to the placing of the Order and prior to the final confirmation thereof. In this case, casamarka.com will give the Member an estimated range of delivery dates. A reminder of this timescale will be shown in the "Order Summary" and also in the 'Delivery Tracking' section of the website.
- 5. Delays in delivery - In any such case the Member may contact the casamarka.com Customer Services department, whose contact details are shown in the "Help" section of the Website, by selecting the topic to which his or her request relates. The Member has the right to cancel his/her Order if it is not delivered no later than seven (7) working days after the delivery date stated by casamarka.com, unless this delay in delivery is due to a case of force majeure as defined hereinafter. Indeed, casamarka.com shall not be liable to the Member under the Terms and Conditions in any way whatsoever for destruction, damage, delay or inability to carry out its business arising out of war or civil commotion, strikes, lockout and industrial disputes, failure of utility service or transport network, fire, storm, explosion, floods or bad weather, breakdown of machinery or plant, malicious damage, compliance with any law governmental order rule direction or regulation or any default of suppliers or sub-contractors. casamarka.com shall further be under no liability to the Member for any circumstances beyond its reasonable control. casamarka.com will ask its bank to refund the Member within 14 (fourteen) working days following his or her request to cancel for orders settled by card. For orders settled by cash on delivery, casamarka will credit member wallet account the price of such returned products or services excluding the shipping fees and donation.
- 6. Partial delivery - The Member will be informed of the partial delivery of an Order by e-mail of the products and/or services shipped in the package. A second e-mail will be sent informing him or her of the delivery of the other products and/or services ordered. The Member has the possibility to follow the progress of his/her order on the Website by going to "My Account", "My Orders", "Delivery Tracking".
- 7. Non delivery - The Member has the right to cancel his or her Order if it has not been delivered no later than 14 (fourteen) working days after the delivery date stated by casamarka.com, unless this delay is due to a case of force majeure.casamarka.com will ask its bank to refund the Member within 14 (fourteen) working days following his or her request to cancel for orders settled by card. For orders settled by cash on delivery, casamarka will credit member wallet account the price of such returned products or services excluding the shipping fees and donation.
- 8. Delivery made- Each delivery is deemed to have been made once the product or service has been handed over to the Member, including when this is done by the courier, as recorded in the tracking system used by the courier, such as the delivery tracking system available on the HDNL website. Without prejudice to the period of time available to the Member for the purposes of his right to cancel as set out in Clause 7, it is the Memver's responsibility to check shipments upon arrival and to make any reservations and claims which might appear to be justified, or even to refuse the package, if it is likely to have been opened or if it shows clear traces of damage. The aforesaid reservations and claims must be sent to the carrier by registered letter with acknowledgement of receipt within three (3) working days from delivery of the products and a copy must immediately be sent to casamarka.com.
- 9. Lost packages- When a package leaves the casamarka.com warehouses, it will be sent on to its destination by a courrier. The Member is informed the sending of an e-mail summarising the products or services sent and informing him or her of the tracking number (often beginning VP...) so that s/he can track it on our website in the "My Delivery" section. Four (4) to six (6) working days should then be allowed for delivery. If there is nobody in to accept delivery, a notice of attempted delivery is put through the letterbox at the address given by the Member: the Member is then informed of the courrier's contact details:
- S/he must then make an appointment by calling the number shown on the notice of attempted delivery.
- The Member has a period of seven (7) days to go and collect the package from the courrier's nearest depot. If this period of time should elapse, the package will be sent back to casamarka.com. The Member Relations department will then contact the Member for a possible reshipment and will refund the Member if there is no answer from him or her within a reasonable period of time. If the carrier is unable to leave the notice of attempted delivery (address unknown, door number not given, etc.), casamarka.com will be contacted and asked for any missing part of the Member's address. If the latter fails to reply, the package is returned to casamarka.com and the Member receives a refund.If neither the depot nor the tracking system (in the "My Delivery" section) show any trace of this package, the Member must then get in touch with casamarka.com using the "Help", "Questions related to My orders" section of the Website.
The casamarka.com Member Relations department will then begin an enquiry together with our courier. The Member will then receive an e-mail informing him or her that an enquiry is underway.
- - If the package is found it will then be sent to the Member: the receipt procedure then follows its normal course (leaving of the package or notice of attempted delivery,
- - If the package is declared to be lost, casamarka.com then notifies the Member and immediately proceeds to the formalities for refunding the Order for the lost package (products and delivery charges).
Article 14. Guarantees
- 1. Legal guarantee- Depending on the choice made by the Member, casamarka.com undertakes either to credit the Member for the price of the product or service or to exchange the Member's product or service for an identical product or service, subject to stock and availability, or to exchange a product or service for a product or service of equivalent quality and price, subject to stock and availability, if a non- conforming product is delivered (Clause 5 above) and if a product or service which reveals a hidden defect is delivered. For any request of this type, the Member must then contact the Member Relations department using the "Help", "Questions related to My orders" section of the Website. These provisions do not affect the right to cancel as set out in Clause 7 above.
- 2. Contractual guarantee offered by some suppliers Certain products or services may offer a contractual guarantee and this will be stated in the product sheet at the time of the exclusive sale on the casamarka.com Website. Clear details of these guarantees are given in their sheets and no Member may ask to be covered by a wider-ranging guarantee than the one shown here. Therefore the contractual guarantee granted by casamarka.com is usually granted by the supplier to its Members directly. In the event of a problem with a product or service, the Member must keep the purchase invoice sent by casamarka.com and get in touch with the Member Relations department using the "Help”, "Questions related to My orders" section, and will then be informed of the procedure to follow.
- 3. Exclusion from guarantees Any products or services which have been altered, repaired, incorporated or added by the Member or any other person who has not been authorised by the supplier of the aforesaid product or service are excluded from guarantee. The guarantee will not cover any obvious defects. The guarantee will not cover any products or services damaged during transportation or which have been used incorrectly.
- 1. The seller must deliver goods which comply with the contract and is responsible for any defects in conformity which might exist upon delivery. The seller is also responsible for any lack of conformity as a result of the packaging, the assembly instructions or installation when this is his responsibility under the contract or has been carried out under his responsibility.
- 2. In order to conform to the contract, the goods must:
- 2.1. Be fit for the usual expected purpose of similar goods and, where applicable:
- Match the description given by the seller and have the qualities that the latter has stated to the buyer in the form of a sample or model.
- Offer the qualities which a buyer may legitimately expect with regard to the public declarations made by the seller, by the producer or by his representative, including those in the advertising or the labeling.
2.2. Or offer characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, of which the seller has been informed and to which this latter has agreed.
- 3. Any action as a result of the lack of conformity is subject to a statute of limitation after two years from the delivery of the goods.
- 4. The seller must offer a guarantee against any hidden defects in the goods as sold rendering them unfit for their intended purpose, or which reduce this purpose to such an extent that the buyer would not have purchased them, or would only have done so at a lower price, had s/he been aware of them.
- 5. Any action as a result of latent defects must be taken by the buyer within a period of two years from the discovery of the defect.
Article 15. Alterations to the Terms and Conditions of Sale
casamarka.com reserves the right to make alterations to these Terms and Conditions. Members agree to comply with the current version of Terms and Conditions by only ordering and purchasing on casamarka.com's Website.
Notice of any new version thereof shall be given in advance on the first page of the ''Help" section. Any members who do not wish the contractual relations to be governed by the new version of the applicable Terms and Conditions of Sale to any new Order must give notice of this and, from the date on which the new version becomes effective, they must cease to use the casamarka.com Services.
- 1. casamarka.com endeavours to respect the confidentiality of any personal data provided by Members on the Website.
- 2. casamarka.com informs its Members that their personal data will be used internally and/or by group companies to:
- Inform the Member of ongoing or upcoming sales by invitation and reminder emails;
- Process the Member's order;
- Strengthen and personalize communications by means of newsletters, special offers (such as competitions games) and special emails with the purpose of personalizing the Website according to Member's recording preferences.
If the Member does not want to receive a certain category of emails, the Member can use the "Help / My personal details / Manage my emails" page to modify these settings.
- 3. However casamarka.com informs its Members that it will communicate personal data of members to ensure the good delivery of their Orders by its Logistics partners, some aspects of the After-Sale Services, [and to conduct satisfaction surveys]. Moreover, casamarka.com will also communicate these data where necessary to respond to a legal authority injunction.
- 4. Where the Member has given consent, either at the point at which it registers onto the site, or later on consultation of its account page once registered, to the receipt of emails from casamarka.com and/or from group companies and/or from their partner companies, those companies may send information or promotional emails to the Member. As a consequence, casamarka.com may pass a Member's a member personal details to its affiliated and/or group companies and/or to partner companies, where the Member has given consent, either at the point at which it registers onto the site, or later on consultation of its account page once registered. Those companies may use these details to send gifts or offers by email directly to the Member.
- 5.. Nevertheless the Member may exercise his or her right of access to the file, [his or her right of opposition] and his or her right of rectification or deletion with regard to any personal data about him or her:
- - either by going to the "My Account / My personal details" section; or by going to the "Help" section of the casamarka.com Website and selecting "Questions related to My Account" and then confirm that the Member wants to cancel his or her account.
Article 17. Member Content
- 1. Any Member wishing to use the Site's Services and in particular the Blog undertakes, with no restriction or reservation, to comply with these Terms and Conditions and the Blog Charter.
- 2. Licence for publication granted by the Member to casamarka.com. Any Member wishing to publish content on the Site and in particular the Blog, such as graphical work, videos, musical works, photographs, animations, pseudonyms, names, symbols, texts, comments and more generally any element, whether visual, textual or sound, originating from a Member, hereinafter referred to in all cases as "Member Content", undertakes to grant the present license to casamarka.com,
The Member authorises, free of charge and with no restriction or reservation, the publication of the Member Content he or she has sent to casamarka.com. Consequently, the Member expressly grants casamarka.com and any company in the Group to which it belongs a licence on the Member Content which includes:
- The right to reproduce the Member Content on all multimedia, paper, film, optical disk format etc. media, including for advertising purposes, and in all forms included under graphic arts, by any technical procedure and any processing method (analogue, digital etc.) intended for end user terminals such as computers, mobile telephones, digital tablets etc., in all formats, and in particular the right to store, archive and host the Member Content on the servers used by casamarka.com and on hard drives, live memories and cache memories, in all formats;
- The right to display Member Content by communication to the public, by any means of distribution and on all communication networks, in particular such as internet and on the websites of casamarka.com, including its blog, intranet, Wap, I-Mode, press, radio, cable, viewdata and/or digital, downloading etc.;
- The right to adapt Member Content, in all forms and compositions, illustrated with all keys, texts and comments (excluding political or pornographic contexts), this right being understood for Member Content as including the right to retouch or modify them, and in particular for graphic, format, clarity and/or colour reasons, which may in particular be required due to the aforementioned exploitation methods.
- 3. The Member agrees that the Member Content may be used separately for any purpose, whether promotional or commercial, at the choice of casamarka.com and particularly within the Blog or published on the Site. The Member also agrees that the Member Content may be taken over by casamarka.com, in particular for citation and associated with his or her blog pseudonym in its promotional, marketing and advertising activities. This licence is valid in any language, for the whole world and for the term of protection granted over the Member Content to its beneficiaries, according to both Lebanese and foreign legislation and current and future international conventions on literary and artistic property, including any extensions which may be made to this term, from the date of signature hereof.
As indicated hereinabove, the Member agrees not to receive any remuneration pursuant to such publication.
THE MEMBER EXPRESSLY CERTIFIES THAT THE MEMBER CONTENT SENT AND/OR UPLOADED TO CASAMARKA.COM IN DIGITAL FORMAT WITH EXPLOITABLE QUALITY IS COMPLETELY FREE OF ANY RIGHTS, BELONGS TO THE MEMBER AND DOES NOT INFRINGE EITHER THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND IN PARTICULAR OF THE PARTNERS OF CASAMARKA.COM, OR THE PERSONALITY RIGHTS OF OTHERS, OR ANY OTHER PROPERTY RIGHT OF A THIRD PARTY.
The Member guarantees to casamarka.com that he or she has all the powers and the capacity to grant the rights assigned herein, and that the Member has not and shall not, through assignment/licence to a third party or by any other means, commit any act likely to compromise this licence and in particular that the persons likely to appear in certain Member Content are not bound by any exclusive agreement on the use of their image or name. The Member therefore guarantees to casamarka.com, and to the third parties to whom casamarka.com transfers such rights:
- THE PEACEFUL EXERCISE OF THE RIGHTS ASSIGNED UNDER THE TERMS HEREOF.
- RESPECT FOR THE RIGHTS OF THE PERSONS APPEARING WITHIN THE MEMBER CONTENT AND/OR PARTICIPANTS AND THOSE OF THE OWNERS OF THE PREMISES AND/OR ITEMS APPEARING WITHIN THE MEMBER CONTENT.
- 4. IF THE MEMBER CONTENT THAT THE MEMBER PROVIDES TO CASAMARKA.COM SHOWS ONE OR MORE MINORS UNDER 18 YEARS, THE MEMBER GUARANTEES TO CASAMARKA.COM THAT HE OR SHE IS THE LEGAL REPRESENTATIVE OF SUCH MINOR AND AGREES TO THE PUBLICATION OF THIS MEMBER CONTENT UNDER THE CONDITIONS OF THIS LICENCE.
- 5. The Member certifies in particular that the Member Content sent to casamarka.com is completely original and does not counterfeit or borrow from another work of any nature whatsoever, which may incur the liability of casamarka.com.
The Member also certifies that the Member Content complies with the Blog Charter, which the Member represents that he or she has read and accepts in the same manner as these Terms and Conditions. The Member acknowledges that he or she is aware that casamarka.com:
- does not guarantee to exploit or broadcast the Member Content on any medium whatsoever, and in particular on the Site's Blog.
- may withdraw the Member Content from its Site if it considers that it infringes the rights of the partners of casamarka.com or if it breaches the present Terms and Conditions and/or the Blog and Site Charter.
As a result of the foregoing, the Member waives the right to take any action against casamarka.com and any company which may replace it.
Article 18. Miscellaneous
- 1. These Terms and Conditions do not harm any statutory right of casamarka.com's Members.
- 2. In the event that any one of the provisions of the Terms and Conditions of Sale should be deemed to be illegal or non-binding pursuant to a legal decision, the other provisions shall remain effective.
- 3. The information delivered by the Website is deemed to be authentic in dealings between the parties. Details such as the time of receipt or of sending, along with the quality of the data received shall be deemed to be authentic, with priority given to the data recorded on casamarka.com's IT systems, or as authenticated by casamarka.com's computer procedures, unless the Member can prove otherwise in writing. The scope of the proof of the information delivered by casamarka.com's computer systems is that granted to an original in the sense of a written document on paper, signed by hand.
Article 19. Law Disputes
These Terms and Conditions of Sale in the English language shall be performed and interpreted in accordance with the Lebanese legislations. In the event of a dispute, the Member must first of all contact casamarka.com in order to attempt to reach a friendly solution.