Terms & Conditions
The following Terms and Conditions apply to sales made in the Nabih's Inc Store only. Terms and Conditions for sales through other channels may differ.
Under these Terms and Conditions, the following words and phrases shall have the following meanings:
'Buyer' means the person, firm or company that purchases the goods from Nabih's Inc, Nabih's Inc Online Shop;
'Company' means Nabih's Inc;
'Contract' means the contract between the Company and the Buyer which shall incorporate these Terms and Conditions;
'Goods' means any goods specified and agreed to in the accepted order form to be supplied by the Company to the Buyer;
'Place of Delivery' means the place to which the goods are to be delivered;
The terms 'We', 'Company', 'Nabih's Inc Online Store', 'ONEdigitals Online Shop', 'Nabih's Inc', 'The Website', and 'Nabih's Inc' may be interchangeable in this document. They all mean Nabih's Inc.
Under these Terms and Conditions, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
2. Cancellation and Returns
You can cancel your order any time prior to dispatch, and up to 14 days after the goods are delivered. Simply return the goods with a return authorisation form (downloadable from the user's account section) and with the original packaging to us, and we'll offer a refund based on the original payment method within 14 days less any handling charge and re-stocking fee.
Please note the following:
Nabih's Inc does not take title to returned items until the item arrives at our return address.
You do not have the right to cancel your order if it contains computer software which has been unsealed by you. The same applies if your order consists of consumable goods, which, due to their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
All products must be returned in good condition, complete with all accessories, packing, instructions and any other items included with it at the time of receipt (including free gifts). You must take reasonable care of the goods and return them in their original and undamaged conditions.
Gift cards, personalized and custom-made items cannot be returned.
3. The Contract
The contract shall be based on these Terms and Conditions to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the buyer.
By purchasing a product through the site, you agree that such purchase and the import of such product complies with the laws of the country to which you have requested Nabih's Inc to ship the product, and agree that you will be considered the sole "Importer" of the product to your country for all purposes, including customs regulations and copyright and trademark laws. You acknowledge and agree that Nabih's Inc role is limited to procuring products available in USA and other regions and making these products available through the site to you for purchase in Nabih's Inc and for import to your country. In no event will Nabih's Inc be a party to the import of such products, nor will it be held responsible for any liability arising under the laws of any country other than Nabih's Inc Special Administrative Region for the import and sale of products available on the site, including, without limitation, customs regulations and customs holds, detentions and seizures and copyright and trademark laws.
No terms and conditions contained in the confirmation of order, purchase order or other document of the buyer will form part of the contract.
When you place an order to purchase a product from Nabih's Inc, we will send you an e-mail confirming receipt of your order, alongside the details of your order. Your order represents the purchase of a product, which is accepted by us when we send an e-mail confirmation of a dispatched product (the "Dispatch Confirmation E-mail"). Once you receive our Dispatch Confirmation E-mail, it means that we have accepted your order in full, and that your order is ready for shipment. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail do not form part of that contract.
4. Pricing and Availability
We list the availability information of all products sold by us on the website, as well as on each product information page. Beyond what we say on that page or on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that—estimates. They are not guaranteed dispatch times, and should not be relied upon as such. As we process your order, we will inform you through e-mail if any of the products you ordered turned out to be unavailable.
Despite our best efforts, a small number of the thousands of products in our catalogue are mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
Any dates specified by Nabih's Inc for delivery of the goods are intended to be estimates only. If no date is specified for delivery of the goods, delivery shall be made within a reasonable timeframe.
Subject to the other provisions of these Terms and Conditions, Nabih's Inc shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the goods. Nor will any delay entitle the buyer to terminate or rescind the contract unless the delay exceeds 60 days.
6. Risk and Ownership of the Goods
All items purchased from Nabih's Inc are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Ownership of the goods shall not pass to the buyer until Nabih's Inc has received full, cleared funds of the sum due to Nabih's Inc for purchased goods, and all other sums which are or may become due to Nabih's Inc from the buyer on any account.
Until ownership of the goods has passed to the buyer, the buyer shall:
hold the goods on a fiduciary basis as the Company's bailee;
store the goods separately from all other goods in such a way that they remain identifiable as the Company's property;
not destroy or deface any identifying marks on the goods or packaging;
keep the goods in satisfactory condition, as noted on the Company's policy, and hold any proceeds that may come from the Company's insurance in trust and not mix them with any other money.
Payment of the goods shall be due by the time the Order Confirmation E-mail is sent. Invoices with payment overdue by 7 days or longer may be cancelled by Nabih's Inc without further notice to the buyer.
Payment shall not be deemed to have taken place until the receipt from the Company has been issued.
Exclusive of cases where goods come with their own international or worldwide warranty or stated clearly otherwise, all goods sold by Nabih's Inc on the website carry a 12-Month Nabih's Inc Warranty.
If the buyer wishes to make a claim under this warranty, the buyer shall give written notice to Nabih's Inc within 30 days of the discovery of the defect and give Nabih's Inc reasonable opportunity to inspect the goods in question.
Nabih's Inc shall not be liable for any damage if the buyer makes any further use of the goods after giving notice, or if they alter or repair the goods without permission from Nabih's Inc.
Nabih's Inc' liability under the warranty shall be limited to repairing or replacing the goods in question, or refunding the price of such goods.
Please refer to Terms of Warranty for more details.
9. Product Descriptions
Nabih's Inc attempts to be as accurate as possible. However, Nabih's Inc does not warrant that product descriptions or other content of this site is accurate, complete, current, or error-free. If a product offered by Nabih's Inc is not as described, your sole remedy is to return it in unused condition.
Nabih's Inc does not sell products to persons under the age of 18, although we do sell children's products for purchase by adults. If you are under 18, you may use Nabih's Inc only with the involvement of a parent or guardian.
11. Electronic Communications
When you visit Nabih's Inc or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. Losses and Limitation of Liability
The Company's liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the total value of the goods delivered under the terms, and Nabih's Inc shall, under no circumstances, be liable to the buyer for any consequential, indirect or economic losses or damages.
13. Alteration of Service or Amendments to the Conditions
14. Events Beyond Our Reasonable Control (Force Majeure)
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If either party is subject to an event of Force Majeure, that is circumstances outside of reasonable control (including, but not limited to war, fire, industrial disputes or civil commotion) the other party must be notified, and the first party's obligations under these Terms shall be suspended until the other party is notified that such an event has ended.
If you breach these conditions and we take no action, we will still be entitled to use our rights in any other situation where you breach these conditions.
16. Governing Law and Jurisdiction
If any part of these Terms and Conditions is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms and Conditions. They will otherwise remain in full force and effect.
These Terms and Conditions shall be governed by and interpreted according to Texas Law and the parties submit to the exclusive jurisdiction of the Supreme Court of Texas.
17. Product Manuals
We have gone green, and so have many manufacturers, in a bid to protect and preserve our environment. As such, packaging is shrinking for many of our products, but more importantly, paper manuals are quickly being replaced by electronic copies. Most of our product manuals are consequently in electronic format at present, which has the added convenience of regular updates, inclusive of new features and version upgrades.
To download the latest copy of your devices user manual please visit Manufacturer's Website and follow the instructions provided.
We are aware of special cases wherein a printed version of the manual is required. In such cases, we will be happy to provide a physical copy of the user manual where possible.