Terms & Conditions

1. TERMS AND CONDITIONS OF USE 

General Information

We, EUMA COSMETICS SOLE PROPRIETORSHIP L.L.C as  Mer-Ek a limited liability company duly organized under the laws of the United Arab Emirates, under the Commercial License number 3023493, whose registered address is at PO Box 3045, Abu Dhabi, United Arab Emirates. (“we”, “us”, “ours”) respect the privacy of all of our users and are committed to protecting information collected through the Website

The Website is the exclusive property of Mer-Ek, the sole entity authorized to use and exploit the intellectual property rights, individual rights and any other intellectual property right relating to this Website and owned by or expressly licensed to Mer-Ek, particularly the brands, drawings, models, copyrights and image rights.

If you have any doubts, questions or suggestions, please send us your comments by email to info@mer-ek.com

 

Website Terms of Use

Browsing this Website and the use of its contents are subject to these Mer-Ek Terms of Use (hereafter referred to as “Terms of Use”). By accessing and browsing this Website, the user fully accepts these Terms and conditions  and its privacy policy.

 

Purpose and Scope of Application

The purpose of Terms and conditions (hereafter referred to as the “Conditions”) is to regulate the availability of the information provided in the online store at the Website as well as the commercial transactions that take place between Mer-Ek and the users of the Website.

Mer-Ek can modify the Website and/or Conditions at any time and without notice to improve the functions of website. These Conditions must therefore be read before placing each order.

All Website users can print and/or save these Conditions digitally in order to read our Conditions .

The Mer-Ek Products offered on the Website will distribute exclusively in the United Arab Emirates (hereafter referred to as the “Delivery Zone”).

Any order with a delivery address located outside the Delivery Zone will be rejected during the order process.

Use of all or part of the Website, particularly for downloading, reproducing, transmitting or representing its content for reasons other than personal, private and noncommercial use, is strictly prohibited.

Mer-Ek does its best to ensure that the information published on the Website is accurate and up-to-date and reserves the right to correct its contents at any time.

Mer accepts no responsibility for the content of other pages linked to the Website.

The user is hereby informed that Mer-Ek may interrupt access to the Website at any time for maintenance, security or any other reason.

 

YOU’RE CONTENT 

You are responsible for your contents (any information, text, graphics, photos or other materials) which you upload or post to the Website. Most contents will be available to public by default and will be able to be viewed by other users through third party services and websites.

 You should agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. We may not monitor or control Your Content and, we cannot take responsibility for Your Content. Any use or reliance on Your Content, or content provided by any party other than Mer-Ek (such as other users) (“Other Content”) or obtained by you through the Website is at your own risk. Your Content may be moderated and may take up to 48 hours to be displayed but Mer-Ek does not commit to checking all Your Content or Other Content and will not be liable for the same. If you have a complaint about any posts please contact our Customer Service. Mer-Ek reserves the right, in its sole discretion, not to publish or to remove any of Your Content or Other Content that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data or improperly uses the medium for promoting and advertising businesses. 

You retain your rights to Your Content. By submitting, posting or displaying Your Content on or through the Website, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for Mer-Ek to provide, promote, and improve the services it provides and to make Your Content available to other companies, organizations or individuals, who partner with Mer-Ek for the syndication,

. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any of Your Content, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Mer-Ek its users and the public.

You may not do any of the following while accessing or using the Website: (i) access, tamper with, or use non-public areas of the Website, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Website by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to the Terms and Conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of Your Content in such a manner as to interfere with or create an undue burden on the Website.

 

ELIGIBILITY

The purchase of Products through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the United Arab Emirates.

In order to make purchases on the Website, you must provide your personal details, including your real first and last name, valid mobile telephone number, alternate contact phone number, valid e-mail address, payment details, valid billing address and other requested information as indicated. You represent and warrant that the payment details you provide are valid, complete and correct and confirm that you are the person referred to in the billing information provided.

Please refer to our Privacy Policy for information about how we use your data.



2. TERMS AND CONDITIONS OF SALE

Placing an Order

To place an order, visitors must visit the Website and register as a user, or, instead, place the order as guests without registering as user, by filling out, on both cases the corresponding online form available at all times on the Website and following the instructions indicated on the Website.

To place an order, visitors must add the Product they wish to purchase to the shopping cart before proceeding to the checkout, following the on-screen instructions to complete and submit the order form provided. 

The prices and offers appearing on the Website are valid only for online orders placed on the Website and they may not coincide with the prices and offers available from other distributors of the Products. All prices published on the Website are in United Arabic Dirhams (AED) and inclusive of taxes (including value added tax).

By confirming an order, you expressly acknowledge and accept these Conditions as part of concluding the contract. Unless proven otherwise, the data recorded by the Website constitutes proof of all transactions carried out between Mer-Ek and its customers. Mer-Ek will store and provide access to the electronic document that formalizes the contract.

Once a purchase is made Mer-Ek’s Customer Service Department will send a purchase receipt by email as soon as possible within 24 hours after the purchase. 

Mer-Ek will issue a soft copy invoice once the order leaves our warehouses. This can be downloaded by going to the “My orders” section of the “My account” page. Mer-Ek warns that sales invoices cannot be modified once issued, without prejudice to your right to obtain a corrected invoice in those cases provided for under current regulations. The invoice will be issued in the name of the individual or company that places the order. It is therefore important to ensure that the order is placed using the correct name.

Product Availability

The selection of Products offered on the Website is valid as long as the Products appear on the Website, provided that Mer-Ek has stock available. As with all ecommerce, stock is updated online. It is therefore possible for stock to run out while completing the purchase process. In such cases, it will not possible to continue the transaction that is underway.

If a Product be out of stock or temporarily unavailable, Mer-Ek will contact you to advise accordingly and offer a new delivery date or cancel the order if the Product cannot be delivered.

Mer-Ek reserves the right to modify the Products appearing on the Website at any time and without notice. Notwithstanding the above, Mer-Ek shall make its best efforts on offering the client a satisfactory alternative.

 Order Confirmation

After you confirm your order, it will be sent to Mer-Ek for processing. You will not be able to modify or cancel your order except under those situations set forth in the Conditions or the provisions established by UAE law.

By confirming your order, you fully accept all the Conditions. You will receive an email summarizing your order.

  Payment Methods

Prices for Mer-Ek Products are indicated in AED and are inclusive of taxes

Mer-Ek reserves the right to modify the prices of the Products on the Website at any time and without notice. Product invoicing will be based on the price list appearing on the Website at the time your order is confirmed, subject to the availability of the Products ordered at that time.

All orders placed on the Website must be paid for immediately when you confirm your order.

As of now we are only accepting payment by cash on delivery. Other payment options are under process, we will update in terms and conditions once it is completed. Orders must be paid for in AED. Your order will be processed once the purchase and payment processes have been fully completed.

  Product Delivery

Delivery Address

Products purchased on the Website can only be delivered within the Delivery Zone.

Any delivery address located outside the Delivery Zone will be rejected during the order process.

Orders using a PO box as the delivery address will not be processed.

The merchandise will be sent to the delivery address within the Delivery Zone specified in the order.

 

 

 

Delivery Time

Deliveries will be made within 1 to 2 business days. For the count of the delivery times, the following days will not be taken into account: Friday and any bank holiday in the United Arab Emirates. Ordered Products will be delivered during normal working hours at the address provided when placing the order, provided that payment has been confirmed. No deliveries will be made until payment has been received for the Products.

Delivery Problems

If you are not received your Product or  the delivery  delayed  more than eight (8) business days, you can contact Mer-Ek as soon as possible by clicking on the Website’s “Contact us” tab.  

In the event that there is nobody at the address provided to accept delivery of the Products, the courier company will contact you in order to agree upon a new delivery date or a location to pick up the Products.

Every effort will be made to deliver the Products as fast as possible after the order is accepted.

When the order is delivered, you must check to ensure that the shipment is correct. If there is any discrepancy or problem with your order at the time of delivery, you must indicate the nature of the discrepancy or problem (for example, open package, damaged merchandise) on the delivery note and sign it. You must then contact the customer service by email info@mer-ek.com

Upon accepting delivery, ownership of the Products and all risks associated with these are transferred to the recipient.

If the Products do not correspond to your order or you are not satisfied with them, you can exchange them for others or return them in accordance with the conditions set forth in the “Return Policy” section.

 Shipping Details

All shipping details are available under shipping policy



3. Intellectual Property

The Website is an original, creative work protected by the laws governing the protection of intellectual property. The Website and all the elements that comprise it are the exclusive property of Mer-Ek The reproduction, representation or modification of the Website or any of the elements that comprise it, in whole or in part, are strictly prohibited. The brands and domain names that appear on the Website are the exclusive property of Mer-Ek. Any unauthorized reproduction or use of these brands or domain names, regardless of manner or intent, is strictly prohibited. Mer-Ek has used all reasonable means to ensure that the information obtained through the Website is accurate. However, we make no guarantee whatsoever as to the accuracy, integrity and up-to-datedness’ of the aforesaid information. Mer-Ek does not provide any explicit or implied guarantee with regard to all or part of its Website. Mer-Ek disclaims all liability for any direct or indirect damage of any kind resulting from the use of its Website. All the material contained on the Website (drawings, source code, designs, illustrations, images, photographs, audio, written text, logos, trademarks and other distinctive marks appearing on the Website) is the exclusive property of Mer-Ek or any one of its subsidiaries, and is protected by the corresponding intellectual and industrial property rights. Its use, reproduction in whole or in part, distribution, public dissemination, transformation or any other similar or analogous activity is strictly prohibited without the prior written consent of Mer-Ek. License to use any of the Website’s content, as granted to the user, is limited to downloading said content for private use, and provided the content remains intact.

Use of all or part of the Website, particularly for downloading, reproducing, transmitting or representing its content for reasons other than personal, private and noncommercial use, is strictly prohibited The “Mer-Ek” trademark, the logo and all other brands and logos related to Mer-Ek appearing on the Website whether registered or not, as well as the domain name, mer-ek.com are and shall remain the exclusive property of Mer-Ek. The reproduction, in whole or in part, distribution, public dissemination, transmission, transformation, modification or use of these trademarks, brands and logos, as well as any other similar or analogous activity, for any purpose whatsoever without prior express written consent from Mer-Ek is prohibited.

You cannot eliminate any reference to copyright, trademark or other indications related to the property rights contained on the Website or any other content included on the Website. You can make copies of the web pages published on the Website for private or personal use, or on a non-profit or non-commercial basis, provided that any copy made of these web pages retains all notices pertaining to copyright or author’s rights and any other notices pertaining to the property rights contained therein.   

Mer-Ek respects the intellectual and industrial property rights of third parties. Therefore, if you believe that this Website may be violating your rights, please contact Mer-Ek at info@mer-ek.com

 

 

 

4. Limitation of Liability

Given the dynamic and ever-changing nature of the information and services supplied on the Website and despite our best efforts, Mer-Ek cannot guarantee the complete veracity, accuracy, reliability, usefulness and/or up-to-datedness of the Website’s content.

The information may undergo periodic changes without prior notice in order to expand, improve, correct or update the Contents.

Mer-Ek disclaims all liability for any possible damages that may result from the lack of availability and/or continuity of the Website or the services it offers.

Mer-Ek makes no guarantee that the Website is free of viruses or other elements that may affect your computer. Mer-Ek disclaims all contractual or extra contractual liability with regard to any person or company that uses the Website and suffers damages of any type due to computer viruses or any other type of computer program/code.

Mer-Ek disclaims all liability for:

(i) Any ambiguities, inaccuracies, omissions or damage resulting from a third-party intrusion that has modified the information contained on the Website; or

(ii) Damage caused by unauthorized third-party access of the Website or the inability to access the Website.

 INDEMNIFICATION

You agree, at our request, to defend, indemnify, and hold harmless Mer-Ek and its affiliates, including their officers, directors, agents, suppliers and licensors from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Website, any breach by you of these Terms and Conditions or the use by any other person accessing the Website using your Internet account. Mer-Ek reserves the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you hereunder, and such right and indemnification will survive these Terms and Conditions and your use of the Website.

AVAILABILITY

You acknowledge that (i) it is technically impossible that the Website will be provided free of defaults and that Mer-Ek cannot take any responsibility for this, (ii) that defaults may lead to the temporary unavailability of the Website, and that (iii) the operation of the Website may be adversely affected by conditions and performances outside Mer-Ek ’s control, such as, for example, transmission and telecommunication links between Mer-Ek and you and between Mer-Ek and other systems and networks.

Mer-Ek may at any time, temporarily or permanently modify or interrupt, all or part of the Website in order to perform maintenance work and/or make improvements and/or changes to the Website. Mer-Ek is not liable for any modification to or suspension or interruption of the Website.

DISCLAIMER

OUR WEBSITE IS PROVIDED BY Mer-EK ON AN “AS IS” AND “AS AVAILABLE” BASIS. Mer-Ek MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Mer-Ek DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, REASONABLE CARE AND SKILL OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Mer-Ek DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON OUR WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS.



5. Applicable Law and Jurisdiction

Access to the Website as well as the use of its contents is subject to the conditions set forth in the Terms of Use of the Mer-Ek Website.

the other terms of these Terms and Conditions shall not be affected and shall remain in full force and effect.

These Terms and Conditions are governed by the laws of the Emirate of Abudhabi, United Arab Emirates and all disputes arising hereon.