- Registration for, and Subscription to, Services
- Duration – Termination
- Electronic Services
- Protection of intellectual property rights
- Links to other sites and to the Website
- Accuracy and Completeness of Information
- Exclusion of warranty
- Limitation of liability
- Applicable Law and Construction; Jurisdiction; Arbitration
- Notice and Takedown Procedures
Welcome to www.LIBASIOMAN.com website (hereinafter the “Website”).
The Website and its contents are designed, operated and administered by LIBASI , Omani Limited Liability Company , with registered office in Muscat, Oman, CR no. 1196742 (hereinafter “LIBASI”, “we”, “us”, “our”).
The disclosure of contact information described above does not constitute consent to contact for purposes unrelated to the Website and/or Services or for unauthorized purposes, including, but not limited to, marketing.
The Services are generally not intended for persons under the age of eighteen (18) years (or age of majority of the individual’s relevant jurisdiction). If you are under this age, please do not view, use, register for, or subscribe to, the Website or the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your jurisdiction (or fraudulently misrepresented your age during the registration or subscription process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you the Services.
3. Registration for, and Subscription to, Services
You may register for, or subscribe to, our Website and Services as available from time to time on the Website.
When registering for, or subscribing to, the Website and the Services you agree to provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and to prevent LIBASI from inadvertently contacting third parties.
If you registered for a Service requiring prior authentication (e.g. Account, Wish list). You are solely responsible for maintaining the confidentiality of your password and any and all use of your account or password. LIBASI is authorized to rely upon any acts or communications it receives under your password as if such acts or communications have been made by you unless LIBASI receives explicit prior notice otherwise. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.
4. Duration – Termination of Services
Your registration for, or subscription to, one or more Services will be effective upon successful completion of the relevant process.
You may terminate your registration for, or subscription to, the Services at any time at your sole discretion by sending an e-mail to firstname.lastname@example.org. We will send an email or other communication confirming your cancellation of your registration or subscription.
5. Electronic Services
Certain parts of the Services may require the Services to be provided through electronic communication channels, such as e-mail, text messages, or phone calls. You acknowledge that messaging and data rates may apply and that you will be responsible for such charges.
You may not use the Website or Services for any illegal or unauthorized purpose or utilize the Website or Services for any purpose in violation of the laws in your jurisdiction (including but not limited to copyright and intellectual property rights regulations). You may not use any hardware or software which may damage or interfere with the proper working of the Website and/or Services or to surreptitiously intercept any communications, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website or Services in any way.
6. Protection of industrial and intellectual property rights
8. Links to other sites and to the Website
This Website may contain links to other websites. LIBASI has no control over such websites and will not be responsible or liable for any content or anything else related to your accessing or use of any third party websites.
Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by LIBASI of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators. LIBASI shall not be responsible for any losses, damages, or other liabilities incurred as a result of use of such sites.
You are not permitted to frame or “mirror” this Website or any of its Contents on any other website or to link to any part or section of the Website or its Contents, in whole or in part, without prior written consent of LIBASI.
9. Accuracy and Completeness of Information
This Website is solely for private, personal, and non-commercial use, and the material on this Website is presented for informational and/or promotional purposes only. LIBASI shall not be responsible if the information made available on this site is inaccurate, incomplete, or outdated. The information included on the Website and/or Services should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information. The User assumes all risk for any reliance upon the accuracy of any information portrayed on the Website or Services.
The photographs and images of products included on the Website and Services have been portrayed as accurately as possible; however, the settings and specifications of the User’s viewing device or display could affect the accuracy of the colors of products portrayed.
We provide you with Products and Services through the networks of other telecommunications providers and through other suppliers and third parties. Your use of the Products and Services of LIBASI and the equipment, facilities and services of third party suppliers is at your own risk. We assume no responsibility for the security of your facilities or networks or for unauthorized access to such networks or facilities. In all cases, you are responsible for determining and establishing secure network access configurations. LIBASI, its partners, affiliates and third party suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers shall not be liable for any inability, failure or mistake related to any security breach or identification of such breach or any loss that results from the transmission of confidential or sensitive information over the Internet. LIBASI and its suppliers make no commitments with respect to the recoverability of lost data.
10. Exclusion of warranty
LIBASI WORKS TO ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER LIBASI CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION IS FREE FROM ERRORS OR OMISSIONS AND LIBASI MAKES NO WARRANTY, AND SHALL HAVE NO LIABILITY, IN RESPECT OF THE SAME. LIBASI RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENTS OF THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY.
11. Limitation of liability
SOME COUNTRIES DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT OBTAINED THROUGH THE WEBSITE. BY USING THE WEBSITE YOU UNDERTAKE ALL RISKS CONNECTED TO THE RELEVANT USE AND TO TAKE FULL RESPONSIBILITY FOR ANY FAILURE IN THE USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICE AND MAINTENANCE OF HARDWARE AND / OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ALSO UNDERTAKE NOT TO HOLD US, OUR LICENSORS, SERVICE PROVIDERS, AGENTS, OFFICERS, OR DIRECTORS, LIABLE, IN ANY WAY, FOR ANY POSSIBLE DAMAGES INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OR RESULTING FROM THE USE OF THIS WEBSITE, THE SERVICES, ITS CONTENTS OR RELATED TO IT, OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
WE RESERVE THE RIGHT TO ASSUME AND DELEGATE THE EXCLUSIIVE DEFENCE AND CONTROL OF ANY CLAIMS, DEMANDS AND ACTIONS ARISING IN CONNECTION WITH THIS INDEMNITY AND YOU AGREE TO COOPERATE WITH LIBASI AND ITS DESIGNEES DEFENCE OF THESE CLAIMS, DEMANDS AND ACTIONS.
13. Applicable Law and Construction; Jurisdiction; Arbitration
In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.
The headings used in this agreement are for reference purposes only and do not have contractual or binding effect.
The terms and conditions set forth herein constitute the entire agreement and understanding between the User and LIBASI with respect to the subject matter set forth in the Website and/or Services and supersede all prior or contemporaneous communications or proposals, whether written or oral, and supersede all contrary representations contained in the Website and/or Services, including but not limited to any statements of policy or answers to frequently asked questions.
15. Notice and Takedown Procedures
If you believe any Submissions accessible on or from the Website infringes your copyright, you may request removal of those materials (or access thereto) from this Website by contacting LIBASI (address identified below) and providing the following information:
(i) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
(ii) Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
(iii) Your name, address, telephone number, and (if available) email address.
(iv) A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
(v) A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
(vi) A signature or the electronic equivalent from the copyright holder or authorized representative.
Our address for copyright issues relating to this Website is as follows:
Attn: Intellectual Property Dept.
In an effort to protect the rights of copyright owners, LIBASI maintains a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.
Terms of Sales
General Conditions of Sale
- General provisions
- Identification of the vendor
- Information on Products and their availability
- Execution of the contract
- Method of payment
- Transport and delivery
- Shipping and delivery confirmation
- Wrapping or packaging
- Personalized Products
- Lack of conformity
- Guarantee of authenticity and intellectual property rights
- Applicable law and construction; Jurisdiction; Arbitration
- Limitation of liability
IMPORTANT NOTICE PLEASE READ THE GENERAL CONDITIONS OF SALE SET FORTH BELOW VERY CAREFULLY. THE GENERAL CONDITIONS OF SALE FOR LIBASI PRODUCTS PURCHASED THROUGH THE WEBSITE (DEFINED BELOW) ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY CLIENT (DEFINED BELOW) ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND LIBASI HEREBY GIVES EXPLICIT NOTICE OF OBJECTION TO THEM AND REJECTION OF SUCH TERMS. BY SUBMITTING ANY ORDER THROUGH THE WEBSITE, CLIENT AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS.
1. General provisions
These general conditions of sale (hereinafter, “General Conditions”) apply to all sales of LIBASI products (hereinafter, “Products” or “Product”) carried out through the www.libasioman.com website (hereinafter, “Website”).
Selling of Products -regulated under these General Conditions- is only available to consumers over the age of eighteen (18) years (or the age of majority of the individual’s relevant country) (hereinafter, “Clients” or “Client”) being natural persons that obtain Products for personal, family, or household purposes. Client is prohibited from purchasing any Product from the Website for purposes of resale by you or any other person, and LIBASI expressly disclaims any warranty or claim for damages, consequential or otherwise, resulting from Client’s intent or attempt to resell any Product purchased from the Website.
The language of any contract of sale through this Website shall be English.
Clients are required to carefully read these General Conditions, which are available on the Website to enable Clients to acknowledge, store and reproduce them. Contracts of sale executed with the Clients will be archived by LIBASI for the retention period required by applicable law.
3. Identification of the vendor
The vendor is LIBASI, a company part of Capital Prosperity United, with a registered office at Boushar , Muscat , Sultanate of oman (“LIBASI”).
4. Information on Products and their availability
Information on Products (along with the relevant Product codes) and relevant prices are available on the Website. LIBASI reserves the right to make adjustments to the pricing and/or description or features of Products for reasons including, but not limited to, changing market conditions, Product discontinuation, material unavailability, changes to manufacturing processes, and errors in advertisements.
LIBASI reserves the right at any time to limit quantities and/or type of Products available from the Website. The style, models and colors of the Products described on the Website may be changed without notice. During the purchasing process, an automatic response will inform the Client if the order cannot be processed due to the unavailability of the ordered Product.
The maximum number of pieces for each Product that may be included by the Client in the order proposal is Three pieces.
LIBASI shall not be liable for errors occurring as a result of a failure of the Client’s connection to the Website.
The prices of the Products are indicated on the Website in U.S. Dollars and are exclusive of all applicable taxes and any applicable surcharges. LIBASI charges state, local and county taxes on online transactions, as required by applicable laws. Please note that your on-screen transaction total reflects estimated tax. The actual sales tax will be calculated when your order is shipped and may vary from the estimated tax. For online orders placed in store using cash (as the payment type), sales tax will be charged at the time of purchase. The sales tax will be calculated based on the shipping address. Delivery costs shall be added to the price of the Products and are indicated separately on the order form.
LIBASI regularly verifies that prices of the Products displayed on the Website are correct; however, LIBASI cannot guarantee the absence of errors. In the event a Product is listed at an incorrect price, LIBASI reserves the right, prior to delivery, to refuse or cancel orders placed for the Product listed at the incorrect price, regardless of whether the order has been confirmed or payment has been made. In such circumstances, LIBASI shall offer the Client the opportunity to purchase the Product at the correct price. If the Client has already been charged for the purchase and the order is canceled prior to delivery, LIBASI will issue a credit to Client’s original form of payment.
LIBASI offers price adjustments for online purchases on first markdown only. Specifically, if a Product has been reduced from its full price, LIBASI will credit the Client the difference. A price adjustment request must be made within ten (10) days of the order date for the price adjustment to be honored. The Client must contact LIBASI by sending an email to email@example.com. LIBASI will refund the adjusted amount in the original form of payment.
5. Execution of the Contract
The essential characteristics and the price of each Product are displayed on the Website. The information displayed on the Website does not represent an invitation to treat by LIBASI.
To purchase a Product, Client must (i) include the selected Product in the “Shopping Bag” by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) send the order proposal to LIBASI through the Website.
Sending of the order constitutes an offer to purchase the selected Product, regulated under these General Conditions and binding for the Client (with no prejudice to the return policy under Section 10). The sending of the order proposal by the Client obligates the Client to pay the price of the ordered Product(s) if the order is accepted and confirmed by LIBASI.
Any error/change in data entered by the Client in the order proposal may be corrected by the Client by following the process described on the Website, before sending the order proposal (by way of example: Client may change the quantity of Products that they intend to purchase by adding or removing one or more Products from their “Shopping Bag”).
An order proposal may be refused by LIBASI prior to acceptance and confirmation of the order by LIBASI at its sole discretion, including but not limited to the following circumstances:
(i) the Products are not available (with no prejudice to the provision set out under Sections 3.3 and 5.9); or
(ii) reported, or suspected, fraudulent, or illegal activities, including suspected purchases for resale or commercial purposes; or
(iii) the Client has not fulfilled his/her obligations with respect to a prior contract executed with LIBASI.
The contract between LIBASI and the Client is executed upon receipt by the Client of the acceptance and confirmation by LIBASI of the order proposal sent through the process set out on the Website. The acceptance (or the refusal) by LIBASI shall be sent to the Client via e-mail at the address provided by the Client in the order proposal (“Order Confirmation”).
In case of unavailability of one or more of the ordered Products, the Client will receive an e-mail duly informing him about the unavailability of the Products. In this case, the order proposal will be cancelled or partially accepted only as to the available Products. In case of partial acceptance, the Client shall be charged only the price of the available Products.
The Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to exercise the right of withdrawal, including information on the return policy, the address to which complaints may be addressed, information on support services and on existing commercial terms.
Title to Products and risk of loss or damage during shipment pass from LIBASI to Client upon delivery to the destination specified by the Client (F.O.B. Destination, freight prepaid and added).
6. Method of payment
Payment of the price of the Products included in the order proposal and the relevant taxes and delivery charges shall be paid by the Client by credit card, PayPal, or other means acceptable to LIBASI.
LIBASI currently accepts payments made with the following methods of payment:
- American Express
The transactions will be charged to the Client’s selected form of payment only after:
(i) the payment method has been verified;
(ii) the authorization to charge the payment method has been received from the issuer or processor of the payment method used by the Client;
(iii) the availability of the Product has been confirmed by LIBASI; and
(iv) the order is ready to be shipped, unless the order includes Made to Order Product(s) designed or customized to the Client’s specifications, in which case the transaction for such Product(s) shall be charged after steps (i) – (ii) above are complete, or the order is placed in store using cash (as the payment type), in which case Section 6.6 below will apply.
Except as set forth in Section 6.6 below, No charge shall be made at the moment of transmission of the order proposal, with the exception of any temporary charge necessary to confirm the payment method’s validity, if any.
It is understood that once the order is accepted and confirmed by LIBASI, the temporary charge will be canceled and replaced by the amount due by the Client. In the event that the order is canceled by LIBASI for any reason, this temporary charge will be canceled in accordance with the terms of the applicable payment method issuer or processor.
In the event that, for any reason, it is impossible to charge the amount due by the Client prior to acceptance and confirmation of the order by LIBASI, the contract will not be executed and the order will be cancelled.
Orders placed in store using cash (as the payment type) are paid in full at the time of order.
7. Transport and delivery
Products will be delivered to the address specified by the Client in the order proposal. In some circumstances and in its absolute discretion, LIBASI may require the signature of the Client (or of a nominated adult representative) at the time of delivery. In addition, LIBASI cannot be held responsible for unanticipated delivery delays beyond LIBASI’s control.
For each order, LIBASI shall invoice the Products by e-mail or by mail to the Client, pursuant to any applicable laws and regulations. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after the invoice has been issued.
Unless otherwise specified by LIBASI from time to time, delivery charges shall be borne by the Client and are indicated separately on the order form and invoice.
All orders are processed Sunday through Thursday, excluding Friday, Saturday, and holidays. To estimate the total delivery time for a purchase, please allow up to two business days from the order date to process the order for shipment, in addition to the time indicated by the Client’s preferred shipping method.
The purchased Product(s) shall be delivered by a carrier selected by LIBASI (hereinafter, “Carrier”). Next day and two day deliveries are made Sunday through Thursday excluding Saturday, Sunday and holidays. Ground deliveries are made Sunday through Thursday, excluding Friday, Saturday, and holidays.
To select an alternative shipping method for such priority waiting list items, please contact LIBASI at firstname.lastname@example.org assistance. (The fee applicable to such alternative shipping methods will apply). LIBASI recommends reviewing the order details on the order review page before submitting an order proposal, or in the order confirmation email that is sent to the Client shortly after the order is placed. Some business addresses may not accept shipments on Saturdays. To ensure Saturday delivery, please confirm that the applicable shipping address can accommodate Saturday deliveries.
Unless otherwise specified in the Order Confirmation, the purchased Product(s) will be delivered within 30 (thirty) days from the date of the Order Confirmation (except in the event that a force majeure event or unforeseeable circumstance occurs). In case the delivery has not occurred within the above indicated term, the Client (by sending an e-mail to the e-mail address email@example.com) shall provide LIBASI with a further ten (10) days to deliver the Product; provided that, in case of failure to comply with such term after receipt of the specified notice, the Client’s remedies shall be limited exclusively to termination of the contract and refund of payment received.
At the time of delivery of the Products by the Carrier, the Client (or a nominated adult representative) is required to verify:
(i) that the number of items being delivered corresponds to that indicated in their shipping confirmation email; and
(ii) that the packaging and its seals are intact, undamaged, not wet or altered in any manner.
Any damages to the packaging and/or the Product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Carrier’s delivery receipt. Except to the extent permitted under applicable laws, once the Carrier’s delivery receipt has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the delivered parcel.
8. Shipping and delivery confirmation
LIBASI shall send to the Client a Shipping Confirmation via e-mail once the Products are dispatched and a further e-mail once the Products have been delivered.
9. Wrapping or packaging
Products purchased from the Website are delivered with the same LIBASI standard packaging shown in the website.
For online purchases, LIBASI will accept Products in their original condition for a refund of the purchase price when accompanied by the original invoice. Please note that a different return policy may be applicable for in-store (non-libasioman.com) purchases.
Full-price products must be returned within 30 days from the date of delivery by mail or in-person at a LIBASI store. In-store returns will be packaged and shipped on your behalf to the warehouse for processing. To facilitate your return, please bring a printed version of the digital invoice you received in your shipment confirmation email. Refunds will be submitted once the return has been received and processed at the warehouse. Items may not be returned to or exchanged at LIBASI outlet stores, department stores or other wholesale distributors.
Corporate gifts must be returned exclusively to libasioman.com within 10 days from the date of delivery.
Beauty Products may be returned if unopened and in the original cellophane wrapping within 10 days from the date of delivery.
Products purchased online cannot be returned to outlet stores, department stores or other wholesale distributors.
Any Product that has been worn, used, altered or damaged will not be accepted. Certain Products, such as jewelry, watches, sunglasses, and ready-to-wear, are shipped with a return tag attached. Returns on these specific Products will only be honored if the label remains intact.
To the maximum extent permissible under applicable law, LIBASI reserves the right to refuse return of any Product that does not meet the above return requirements in LIBASI’s sole discretion.
Merchandise returned to libasioman.com will be processed within 7-10 business days of receipt. A confirmation email will be sent once the Client’s payment method has been credited. Refunds may only be issued in the same form as was utilized for payment. Please note the original shipping charges incurred at the time of purchase are non-refundable.
Easy-to-follow return instructions are included with each shipment. Every effort will be made to ensure a prompt refund and an email notification will be sent once the return has been processed.
All items shipped for a refund must match those identified at the time of return request.
11. Personalized and Made-to-Order Products
To the maximum extent permissible by applicable law and in accordance with applicable laws in the Sultanate of Oman governing the purchase and sale of special goods made to order, withdrawals, cancellations, exchanges or returns are not accepted for orders of customized products such as, for example, those with the Client’s initials engraved on the Product, or made-to-order products such as, for example, certain décor items and other products designed or customized to the Client’s specifications. The Client is advised that images, photographs and samples of the engraving on personalized Products and other customized elements may differ from the appearance of the actual Product.
Libasioman.com cannot accommodate automatic exchanges at this time. The Client must return the original Product that the Client wishes to exchange for a refund using the procedure described in Section 10 above. A new order can then be placed on the Website for the exchange item. Please note that new orders are subject to merchandise availability. LIBASI will inform the Client if LIBASI is unable to fulfill the new order.
13. Lack of conformity
If a Product sold by LIBASI has manufacturing defects or in any case of alleged lack of conformity of Products sold by LIBASI, the Client must immediately contact LIBASI Client Services by email firstname.lastname@example.org, or our Instagram account @Libasi.
In the event that the Client seeks to have the Product repaired or replaced due to lack of conformity pursuant to this Section 13, delivery costs for returning the Product to be repaired or replaced shall be borne by LIBASI, as well as any costs related to the delivery to the Client of the repaired or replaced Product.
14. Guarantee of authenticity and intellectual property rights
LIBASI guarantees the authenticity of all Products purchased on the Website. Products bearing the LIBASI trademark are produced with materials, are manufactured by artisans, and are all rigorously and fully MADE IN OMAN, with the sole exception of Kumma, which are made in Philippine and Bangladesh and Mussar, which are made Kashmir.
The “LIBASI” trademark, the set of figurative and and/or shape marks present in the Products, the relevant accessories and/or packaging, together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of the companies of LIBASI belonging to Capital Prosperity United L.L.C.
15. Applicable law and construction; Jurisdiction; Arbitration
These General Conditions and, therefore, the Contracts executed with the Clients, are governed by and must be interpreted in accordance with the laws of the Sultanate of Oman without regard to its conflict of laws provisions or choice of law rules. The General Conditions shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.
To the maximum extent permissible by applicable law, any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Products, the interpretation or application of these General Conditions or the breach, termination or validity thereof, and/or the relationships which result from these General Conditions (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a “Claim”) WILL BE RESOLVED, UPON THE ELECTION OF LIBASI, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their disputes by an independent arbitrator, rather than by a judge and jury. If arbitration is chosen, it will be conducted pursuant to the Rules of the Oman Commercial Arbitration Centre. If arbitration is not chosen, the Claim shall be submitted to the exclusive jurisdiction of the providence of Muscat in the Sultanate of Oman. If arbitration is chosen by LIBASI with respect to a Claim, neither LIBASI nor Client will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, to the maximum extent permitted by applicable law, Client will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these General Conditions, this arbitration agreement is subject to the Omani Law of Arbitration in Civil and Commercial Disputes – Royal Decree 47/97). The arbitration will take place exclusively in the Providence of Muscat in the Sultane of Oman. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). To the maximum extent permitted by applicable law, each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to LIBASI for the sale of Products will be exclusively litigated in court rather than through arbitration.
In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.
The headings used in these General Conditions are for reference purposes only and do not have contractual or binding effect.
If any provision herein is held invalid or unenforceable for any reason, the remaining provisions of these General Conditions will not be affected. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision.
The terms and conditions set forth herein constitute the entire agreement and understanding between the Client and LIBASI with respect to the subject matter set forth herein and supersede all prior or contemporaneous communications or proposals, whether written or oral, and supersede all contrary representations contained in the Website, including but not limited to any statements of policy or answers to frequently asked questions.
LIBASI’s waiver of any provision of these General Conditions, failure to insist on strict performance of any term herein or failure to take advantage of any of its rights with respect to these Terms of Sale will not operate to excuse performance or waive any such right to require strict performance at any future time.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS SOLD THROUGH THE WEBSITE ARE SOLD “AS IS” WITH NO WARRANTIES EXCEPT AS STATED IN LIMITED WARRANTY CARDS AND BOOKLETS ACCOMPANYING SPECIFIC PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIBASI AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. Client acknowledges that no employee of LIBASI or its affiliates is authorized to make any representation or warranty on behalf of LIBASI or any of its affiliates that is not in these General Conditions. LIBASI also makes no warranties to the Client with regard to the applicability of all laws and regulations affecting, without limitation the manufacture, performance, sale, packaging and labelling of the Products which are in force within the Client’s territory.
17. Limitation of Liability
The following limitations or exclusions of liability are valid and enforceable in the providence of muscat, sultanate of Oman, to the maximum extent permissible by applicable law; however, some other jurisdictions do not allow all or part of the following limitations or exclusions of liability and, if required by applicable law, the contents of this section may not apply to the client.
To the maximum extent permissible by applicable law, and notwithstanding the failure of essential purpose of any remedy set forth herein, LIBASI and its affiliates or agents will not be liable for: (a) any incidental, indirect, special, or consequential damages including but not limited to, loss of profits, business, revenues or savings, including in the event that LIBASI has been advised of the possibilities of such damages or if such damages are otherwise foreseeable, in each case, whether a claim for any such liability is premised upon breach of contract, warranty, negligence, strict liability or other theory of liability; or (b) any claims, demands or actions against customer by any third party.
To the maximum extent permissible by applicable law, nothing in these general conditions shall exclude or limit (i) LIBASI’S liability in case of death or personal injury resulting from LIBASI’S negligence; (ii) LIBASI’S liability in case of fraud, fraudulent misrepresentation or gross negligence; and/or (iii) any other liability that cannot be excluded or limited by applicable law.
LIBASI will not be responsible for and no liability shall result to LIBASI or any of its affiliates for any delays in delivery or in performance which result from any circumstances beyond LIBASI’S reasonable control, including, but not limited to, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, acts of god or acts or laws of any government or agency. Any shipping dates or delivery dates represented by LIBASI are estimates only.
For further information and assistance with the Website or on the methods of purchase online, the Client may contact LIBASI by mail:
LIBASI Client Services