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    Terms of service

    GENERAL TERMS AND CONDITIONS OF PURCHASE AND USE

    1. INTRODUCTION

    This document (together with the documents mentioned herein) establishes the general terms and conditions that govern the use of this website www.shop-defy.com and the purchase of products on it (hereinafter referred to as the "Conditions").

    We urge you to read the Terms and Conditions, our Cookies Policy, and our Privacy Policy (hereinafter, jointly, the “Data Protection Policies”) carefully before using this website. When using this website or placing an order on it, you are bound by these Conditions and our Data Protection Policies. If you don’t agree with the Conditions and with the Data Protection Policies, do not use this website.

    These Conditions may be modified. It is your responsibility to read them periodically, as the Conditions at the time of using the website or concluding of the relevant Contract (as defined further on) shall be those that apply.

    If you have any query regarding the Conditions or the Data Protection Policies, you may contact us by using the contact form.

    The Contract (as defined below) may be executed, at your choice, in any of the languages in which the Conditions are available on this website.

    2. OUR DETAILS

    Sale of goods through this website is carried out under the name of Move LP with registered address at Cetco building, Sultan Ibrahim Street, 3rd floor, Beirut, Jnah, Lebanon, with email address info@move-holding.com registered in the Register of Companies of Beirut, with number 3831323, and Tax Number 3831323-601.

    3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE

    The information or personal details that you provide us shall be processed in accordance with the Data Protection Policies. When you use this website, you agree to the processing of the information and details, and you state that all information and details provided are true and correspond to reality.

    4. USE OF OUR WEBSITE

    When you use this website and place orders through it, you agree to:

    1. Use this website to make enquiries and legally valid orders only.
    2. Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorized to cancel it and inform the competent authorities.
    3. Provide us with your phone number, email address, address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary (see our Privacy Policy).

    If you do not provide us with all the information we need, you cannot place your order.

    When you place an order on this website, you state that you are over the age of 18 and are legally eligible to enter binding contracts.

    5. SERVICE AVAILABILITY

    Delivery service for the articles offered on this website is available in Lebanon only.

    6. FORMALISING THE CONTRACT

    To place an order, you must follow the online purchasing procedure and click on "Payment". After doing so, you will receive an email confirming receipt of your order (the "Order Confirmation"). Afterward, you will be able to track your order through Aramex website.

    7. TECHNICAL MEANS TO CORRECT ERRORS

    In case you detect that an error occurred when entering your personal data during your registration as a user of this website, you can modify them in the “My Account” section.

    In any case, you will be able to correct errors related to the personal data provided during the purchase process by contacting the customer care via the email address info@move-holding.com.

    This website displays confirmation boxes in various sections of the purchase process that do not allow the order to continue if the information in these sections has not been correctly provided. Also, this website offers details of all the items you have added to your shopping cart during the purchase process, so that before making the payment, you can modify the details of your order.

    If you detect an error in your order after the completion of the payment process, you should immediately contact our customer care, via the email address info@move-holding.com or via WhatsApp customer care +961 81 352 486.

    8. AVAILABILITY OF PRODUCTS

    All product orders are subject to availability. Along these lines, if there are difficulties regarding the supply of products or are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse any amount that you may have paid through e-voucher.

    9. REFUSAL TO PROCESS AN ORDER

    We reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation. We reserve the right to do so at any time.

    We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content from the website or not processing an order once we have sent the Order Confirmation.

    10. DELIVERY

    Notwithstanding Clause 8 above regarding product availability and except for extraordinary circumstances, we will endeavor to send the order consisting of the product(s) listed in each Order Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of 30 days from the date of the Order Confirmation.

    Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances or the delivery zone.

    If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid through e-voucher. Keep in mind in any case that we do not make home deliveries on weekends or bank holidays.

    For the purpose of these Conditions, the "delivery" shall be understood to have taken place or the order "delivered" as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the shipping address indicated by you.

    11. INABILITY TO DELIVER

    If after 15 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us (such as, without limitation, if you do not take the delivery at the shipping address indicated by yourself), we shall assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Contract, we will return to you all payments received from you through e-voucher, excluding delivery charges.

    Please keep in mind that transport derived from the termination of the Contract may have an additional cost which we will be entitled to pass on to you.

    12. BUY ONLINE AND PICK INSTORE (BOPI)

    If you have chosen the delivery at store option, you may subsequently follow the instructions on our website. After doing so, you will receive an email confirming receipt of your order (the "Order Confirmation").

    13. RESERVE ONLINE BUY INSTORE (ROBI)

    If you have chosen the reserve online and buy instore option, you may subsequently follow the instructions on our website. After doing so, you will receive an email confirming reservation of your order (the "Order Reservation").

    14. TRANSMISSION OF RISK OF THE PRODUCTS

    The products shall be under your responsibility from the moment of delivery to you as outlined in Clause 10 above.

    15. PRICE AND PAYMENT

    Products purchased on www.shop-defy.com include VAT and may be subject to any other taxes if applied in Lebanon.

    The price of the products will be as always stipulated on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the website are correct, errors may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled, and all amounts paid will be reimbursed to you in full.

    We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Order Confirmation or Order Reservation) if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price.

    The prices on the website include VAT, but exclude delivery charges, which are added to the total price as indicated in our Delivery Policy (see the section on Delivery Cost).

    Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders for which we have sent an Order Confirmation or Reservation.

    Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order.

    You may use, as payment method, International or Fresh USD cards. Furthermore, you can pay Cash on Delivery (COD) for your order to the courier in cash when they deliver your order and e-voucher in case of returns.

    To minimize the risk of non-authorized access, your International or Fresh USD card details will be encrypted. Once we receive your order, we request a pre-authorization on your card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time of the transaction completion.

    When you click "Payment", you are confirming that the International or Fresh USD card is yours.

    International or Fresh USD cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver, and we will be unable to conclude any Contract with you.

    16. BUYING GOODS AS A GUEST

    The functionality of buying goods as a guest is also available on the website. Under this type of purchase, only such data which is essential to process your order will be requested from you. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continuing as a non-registered user.

    17. EXPRESS CHECKOUT

    The express checkout feature (hereafter "Express Checkout") makes it easier for you to make purchases on this website as you do not have to enter billing and payment information for each purchase. Express Checkout is available in the “Shopping Bag” section.

    To use Express Checkout, you will have to save your card information. You may do so when making a payment with any of the cards accepted by this website by clicking the "Save my card details" option. This will result in the following card details being saved: card number, card holder name exactly as it appears on the card and card expiry date.

    To save your card information and use Express Checkout, you will have to accept the applicable Privacy Policy and Conditions.

    By agreeing to use Express Checkout, you authorize those purchases paid though the tool be charged to the respective card linked to the tool. Card usage shall be governed by the written terms between you and the card issuer in all cases.

    The provisions of this clause shall not apply if you buy goods as a guest.

    18. EXCHANGE/RETURN POLICY

    18.1 Right of withdrawal

    Right of withdrawal

    If you are contracting as a consumer, you have the right to withdraw from the Contract, within the following time limits: 30 days (For new collection items), 15 days (For sale/promotion items), and 3 days (For special sale events items) without giving any reason.

    The withdrawal period will expire after the following time limits: 30 days (For new collection items), 15 days (For sale/promotion items), and 3 days (For special sale events items) from the Order Confirmation.

    To exercise the right of withdrawal, you may notify us at DEFY by contacting customer care on WhatsApp or sending an email to info@move-holding.com

    To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

    Effects of withdrawal

    If you decide to withdraw from this Contract, we will reimburse you with an e-voucher (Terms and Conditions apply) for the purchase amount, excluding delivery charges or any additional charges resulting from your choice of any delivery method other than the ordinary delivery method that we offer without any undue delay.

    Notwithstanding the foregoing, we may withhold reimbursement via e-voucher until we have received the goods back.

    You shall hand the goods over to us at DEFY store in Lebanon (Store terms and conditions apply) or through a courier arranged by us without undue delay and in any event not later than the following time limits: 30 days (For new collection items), 15 days (For sale/promotion items), and 3 days (For special sale events items) from the Order Confirmation.

    The return of goods made in our DEFY store in Lebanon will be through you personally. However, if you wish to make the return through a courier organized by us, you will assume and be charged the cost of the courier service relating to returning such goods.

    If you decide to exchange product(s) purchased, please contact us via WhatsApp +961 81 352 486; Also, please refer to “Exchange/ Return Process” and “Price Guidelines” under Exchange and Return Policy on this website.

    18.2 Other provisions

    You shall not have the right to withdraw from the Contract when it is for the delivery of any of the following Products:

    1. Customized items
    2. Sealed goods which are not suitable for return due to hygiene reasons and were unsealed after delivery, such as without limitation, socks, swimwear, underwear, etc.

    Your right to cancel the Contract shall apply exclusively to the products that are returned in the same condition in which you received them. No reimbursement will be made if the product has been used once it has been opened, for products that are not in the same condition as when they were delivered and with their original tag still on or if they have been damaged, so take care of the products(s) while in your possession. Please return the products using or including all their original packaging, instructions, and other documents, if any, accompanying the products. In any case, you must send the product to be returned together with the receipt that you received when the product was delivered.

    Upon cancellation, the respective products shall be returned as follows:

    1. Returns at DEFY store:
      You may return any product to DEFY store in the country where your product was delivered. In such case, you should go to the store and present the product with the receipt that you will have received along with the Order Confirmation.
    2. Returns by Courier:
      When returning the product(s) by Courier arranged by us, you should contact us through WhatsApp +961 81 352 486, or by email at info@move-holding.com to arrange for the product to be collected at your home. You should send the product in its original packaging and follow the directions on the "Eligibility" section under the Exchange and Return Policy of this website.

    After examining the article, we will inform you of whether you have the right to reimbursement of the amounts paid. The Amount, excluding delivery charges, will be reimbursed via an e-voucher when the right of withdrawal is exercised within the statutory period and all relevant goods are returned. The e-voucher will be sent by e-mail as soon as possible.

    Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back brand new/unused with the same tag/packaging, unwanted, unperformed, unaltered, with no defects or stains whatsoever, as sent and delivered to you. The refund will always be paid using e-voucher, unless agreed otherwise.

    If you have any questions, you can contact us on WhatsApp +961 81 352 486, or email info@move-holding.com.

    18.3 Returns of defective products

    We shall guarantee the hidden defects that significantly diminish the value of the product or the service or make it invalid according to its nature or the provisions of the Contract. However, the defects that, in our opinion, slightly diminish the value of the product or the service or its use, as well as tolerable defects, do not require any guarantee from our side.

    If you think that at the moment of delivery the product is not as stipulated in the Contract, you must contact us immediately on WhatsApp +961 81 352 486, providing the product details and the damage sustained; you can also send an email to info@move-holding.com.

    You must return the product to DEFY store in Lebanon or giving it to the courier that we send to your home.

    We will carefully examine the returned product and will notify you by WhatsApp or email within a reasonable period if the product may be exchanged or whether you have a right for a refund (as appropriate). The refunding or replacement of the article shall take place as soon as possible after the date on which we contacted you or send you an email confirming that the refund or replacement of the product is going ahead.

    If a defect or damage is confirmed on the returned products, we will give you a complete refund including the charges you have accrued for delivery and return. The refund will always be paid using the same payment means you used to pay for your purchase.

    All rights recognized in current legislation shall be, in any case, safeguarded.

    19. LIABILITY AND WAIVING LIABILITY, STATUTORY CONSUMER RIGHTS

    Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product.

    Notwithstanding the above, our liability shall not be waived nor limited in the following cases:

    1. in case of death or personal harm caused by our negligence;
    2. in case of fraud or fraudulent deceit; or
    3. in any case in which it was illegal or illicit to exclude, limit or attempt to exclude or limit our liability.

     

    Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Conditions indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:

    1. loss of income or sales;
    2. operating loss;
    3. loss of profits or contracts;
    4. loss of forecast savings;
    5. loss of data; and
    6. loss of business or management time.

     

    Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website.

    All product descriptions, information, and materials shown on this website are provided "as is", with no express or implied warranties on the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the Contract, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the Contract if they:

    1. comply with the description given by us and possess the qualities that we have presented in this website;
    2. are fit for the purposes for which goods of this kind are normally used;
    3. show the quality and performance which are normal in goods of the same type and which can reasonably be expected.

    To the extent permitted by law, we exclude all warranties, except those that may not be excluded legitimately.

     

    20. INTELLECTUAL PROPERTY

    You recognize and agree that all copyrights, registered trademarks and other intellectual and industrial property rights to the materials or contents provided as part of the website belong at all times to Move LP or to a third party who had authorized Move LP the use of said content or material. You may NOT use said material unless you are expressly authorized by Move LP. This does not prevent you from using this website to the extent necessary to copy the information on your order or contact details.

    21. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

    You must not make undue use of this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorized access to this website, the server on which the site is hosted or any server, computer, or database related to our website. You undertake not to attack this website through any attack of denial of service or an attack of distributed denial of service.

    Failure to comply with this Clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this Clause, authorization to use this website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial-of-service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects you.

    22. LINKS FROM OUR WEBSITE

    If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use.

    23. WRITTEN COMMUNICATION

    The applicable regulations require that some of the information or notifications that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you by email or we will provide you with information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information, and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your statutory rights.

    24. NOTIFICATIONS

    The notifications that you send us must be sent preferably through our Contact Us. Pursuant to the provisions in Clause 23 above and unless otherwise stipulated, we may send you notifications either by email or to the shipping address you provided us with when placing an order.

    It is understood that notifications will be received and acted upon as soon as they are posted on our website, 24 hours after they have been sent by email or three days after the postage date on any letter. As proof that the notification has been sent it shall be sufficient to prove, in the case of a letter, that it was correctly addressed, that the correct postage was paid and that it was duly delivered to the post office or to a mailbox; in the case of an email, that the notification was sent to the email address specified by the recipient.

    25. TRANSFER OF RIGHTS AND OBLIGATIONS

    The Contract is binding for both Parties, as well as for our respective successors, transferees, and heirs. You may not transmit, cede, levy or in any other way transfer a Contract or any of the rights or obligations derived from the same, without having obtained our written consent in advance.

    We may transmit, cede, levy, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from the same, at any time during the life of the Contract. To avoid any doubt, said transmissions, cessions, levies, or other transfers shall not affect the rights that, as applicable, you have as a consumer recognized by law or cancel, reduce or limit in any way the express and tacit warranties that we may have given you.

    26. EVENTS BEYOND OUR CONTROL

    We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control ("Force Majeure").

    Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

    1. Strike, lockout, or other forms of protest.
    2. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
    3. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
    4. Inability to use motorized transport or other means of transport, public or private.
    5. Inability to use public or private telecommunication systems.
    6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

    It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.

    27. WAIVING RIGHTS

    The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations.

    The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions.

    The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalized and notified to you in accordance with the provisions of the Notifications section above.

    28. PARTIAL ANNULMENT

    Should any of these Conditions or any provision of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.

    29. ENTIRE CONTRACT

    These Conditions and any document referenced in the same constitute the Entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing.

    The Parties acknowledge that we have agreed to enter the Contract without depending on any declaration or promise made by the other Party or that could have been inferred from any statement or document in the negotiations entered into by the two Parties prior to said Contract, except those expressly mentioned in these Conditions.

    Neither Party shall take any action regarding any untrue statement made by the other Party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently). The only action that may be taken by the other Party shall be due to breach of contract in accordance with the provisions of these Conditions.

    30. OUR RIGHT TO MODIFY THESE CONDITIONS

    We have the right to review and modify these Conditions at any time.

    You are subject to the Policies and Conditions in effect at the moment in which you use this website or place each order, except when by law or decision of governmental entities we must make changes retroactively to said policies, Conditions or Privacy Policy. In this case, the possible changes will also affect orders made previously by you.

    31. APPLICABLE LEGISLATION AND JURISDICTION

    The use of our website and the product purchase contracts through said website shall be governed by the laws of Lebanon applicable thereto.

    Any controversy that arises or is related to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of the Beirut courts.

    If you are entering into the contract as a consumer, nothing in this Clause shall affect the statutory rights you have, as recognized in any applicable legislation in this area.

    32. COMMENTS AND SUGGESTIONS

    Your comments and suggestions are always welcome. Please send any comments and suggestions through our contact form.

    15th December 2023