Terms and Conditions
HOME BARN FURNITURE TRADING LLC (“The Company”) maintains the www.theattic-dubai.com Website ("Site"). The Attic is a trademark of The Company in the United Arab Emirates (UAE). Throughout the site, the terms “we”, “us” and “our” refer to The Company. The Company offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices ("Terms of Service") stated here.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
By using the Site and/ or purchasing something from us through this site or any other Channel, you engage in our “Service” and expressly agree to be bound by these Terms of Service, including those additional terms and conditions and policies referenced herein and/ or available by hyperlink, and to follow these Terms of Service and all applicable laws and regulations governing use of the Site. If you violate these Terms of Service, the Company may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.
Any new features or tools which are added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website, which will be effective immediately upon posting on the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. LIMITED LICENSE. You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Service. The Company may change, suspend, or discontinue any aspect of the Site at any time. The Company may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in the Terms of Service, you shall have no right to, directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
2. SITE OPERATION: United Arab Emirates (U.A.E.) is our Country of Domicile. The Company controls this Site from the U.A.E. The Company makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E. export laws and regulations.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
3. APPLICABLE LAW. The Laws of the United Arab Emirates shall govern the use of the Site and the Terms of Service, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.
4. INTERPRETATION. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service), or trade usage.
5. PURCHASES. When placing an order through our Website, you must follow the instructions on the Website as to how to place your order and for making changes to your order before you submit it to us through the Website. All orders are subject to acceptance and availability and any products in your online shopping bag are not reserved and may be purchased by other customers until your order is complete and accepted by us.
When you submit an order to us through the Website, you agree to do so expressly subject to these Terms of Service and our Shipping and Returns Policies current at the date you submit your order. You are responsible for reviewing the Website Terms of Service and Shipping and Returns Policies every time you submit an order.
7. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
8. MODIFICATIONS TO THE SERVICE AND PRICES. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
9. PRODUCTS OR SERVICES. The products or services offered by the Company are subject to shipping / delivery, return or exchange only according to our Shipping Policy and Returns Policy. These products or services may have limited quantities. We reserve the right to discontinue or change the quantity available of any product at any time. Any offer for any product or service made on this site is void where prohibited.
Delivery of products, including any necessary packaging (in cases where delivery is done by, or on behalf of, The Attic), shall be deemed to be effected once the goods are behind buyer’s first lockable door. Our staff are not authorised to carry out work beyond the scope of our obligations to perform under this Terms of Service. If such work is nevertheless carried out by our staff or delivery personnel at buyer’s request, this shall be the buyer's responsibility and The Attic shall not bear any liability for the same.
In cases where the items are collected by the customer or their representative from our warehouse, delivery shall be deemed to be effected at the time of collection.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
10. DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. The Company does not offer warranty on any of its products. All products are checked before delivery or pick up. It is the receiver’s responsibility to check items at the time of delivery and advise the freight driver. Due to the nature of materials used in our products, and being hand-made, variations in finish, grain, casting, symmetry and detailing will exist, and no two pieces will be exactly alike. The "Characteristics", unevenness and imperfections in finishing of products due to the nature of the process and raw materials used do not constitute "manufacturing defect".
Climatic conditions, including heat, light and humidity levels, within the user’s environment, can affect the natural materials of our products, such as rattan, wood, grass and fabric, and may lead to fading, stretching, shrinking or other damage. The selection of products for specific placements or applications is made at the discretion and sole risk of the customer and the Company shall have no liability for such selections. Accordingly, customers are urged to review the suitability of such choices before ordering.
The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any warranty, representation or conditions of any kind, either express or implied, including but not limited to warranty of title or non-infringement, merchantability, merchantable quality, fitness for a particular purpose, durability, non-infringement or other violation of rights in relation to the availability, accuracy, validity, reliability or content of these pages and/or the Site.
The Company does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. In no case shall The Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, damage, claim, costs, or expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special, incidental, punitive, or consequential damage or loss of any kind, loss of profits, loss of revenue, lost savings, loss of data, loss due to a virus, replacement costs, or other loss or damage (including costs and expenses) of any nature whatsoever (even if we have been advised of the possibility of such losses or damages), arising out of or in connection with your use of the Service or any products procured using the Service. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the fullest extent allowable under Applicable laws.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The Company also does not make any representation or warranty regarding the accuracy or reliability of any advice, opinion, statement or other information that is submitted, displayed or uploaded through the site by any user.
11. OFFICE OF FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES. The Company will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country-specific.
12. REPRESENTATIONS BY YOU. By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to The Company through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
13. PERMITTED USE. You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by The Company to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by The Company to do so. The content and software on this Site is the property of The Company. You must not transmit any worms or viruses or any code of a destructive nature.
14. YOUR ACCOUNT. If you use our Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
15. NO COMMERCIAL USE. This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain The Company’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. The Company will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
16. LINKS AND SEARCH RESULTS. The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. The Company has no control over these sites or the content within them. The Company does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. The Company does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against The Company for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at firstname.lastname@example.org.
17. COPYRIGHT POLICY. The Company may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defence or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.
18. INTELLECTUAL PROPERTY. The Company is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through The Company’s system. The On-line Materials are The Company’s intellectual property, and are protected by U.S. and international intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent of The Company, except as expressly and specifically permitted under these Terms of Service.
The On-line Materials are and will remain the exclusive property of The Company. All rights, titles and interests in and to the On-line Materials will be and remain vested solely in The Company. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the On- line Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Service. Nothing in these Terms of Service will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Service grants you the right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with The Company.
You acknowledge and agree that The Company will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At The Company’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to The Company or perfect these rights, titles or interests in The Company’s name.
19. ACCURACY OF BILLING AND ACCOUNT INFORMATION. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
20. LICENCE GRANTED TO YOU. By providing materials to The Company, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted The Company an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. The Company may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against The Company for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to The Company. Any communication or materials you send to The Company will be treated as non- confidential and non-proprietary and may be disseminated or used by THE COMPANY for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
21. OPTIONAL TOOLS. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
22. THIRD-PARTY LINKS. Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
23. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
25. ERRORS, INACCURACIES AND OMISSIONS. Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
26. ADVERTISING. The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. The Company is not responsible for the acts or omissions of any advertiser or sponsor.
27. PROHIBITED USES. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
28. VIOLATION OF TERMS OF SERVICE. You understand and agree that in The Company’s sole discretion, and without prior notice, The Company may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if The Company believes that the information you provide has violated or is inconsistent with these Terms of Service, or violates the rights of The Company, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to The Company for violations of these Terms of Service and you consent to injunctive or other equitable relief for such violations. The Company may release user information about you if required by law or subpoena.
29. INDEMNITY. You agree to indemnify and hold The Company and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees,, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms of Service, or your violation of any law or the rights of a third-party.
30. SEVERABILITY. In the event that any provision of the Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. The remaining provisions shall nevertheless continue in full force and effect.
31. TERMINATION. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
32. ENTIRE AGREEMENT. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.