Terms and Conditions – SoMA Studio

Last updated: June 24, 2020

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://somalighting.com website (the “Service”) operated by SoMA (“us”, “we”, or “our”).

“Soma Lighting Agency FZE” maintains the https://somalighting.com/ Website (“Site”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

United Arab of Emirates is our country of domicile and stipulate that the governing law is the local law.

Visa and Master Card and which (AED) will be accepted for payment

We will not trade with or provide any services to OFAC and sanctioned countries

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

Cardholder must retain a copy of transaction records and Merchant policies and rules

User is responsible for maintaining the confidentiality of his account

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by SoMA.

SoMA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that SoMA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United Arab Emirates without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Delivery

Soma Lighting Agency FZE shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time afterSoma Lighting Agency FZE notifies the Customer that the Goods are ready.

Delivery of the Goods shall be completed on the Goods’ arrival at the Delivery Location.

The delivery date of the Goods shall be the date as shown in Soma Lighting Agency FZE delivery manifest.

Any dates quoted for delivery are approximate only, and the time of delivery is not “of the essence”. Soma Lighting Agency FZE shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

If Soma Lighting Agency FZE fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. Soma Lighting Agency FZE shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

If Soma Lighting Agency FZE is unable, for any reason, to deliver the Goods within two months of the date set out in the Order, Soma Lighting Agency FZE, at its sole discretion, shall have the option to terminate the Contract by written notice. In such an event Soma Lighting Agency FZE shall provide a full refund in cash, in cleared funds, to the Customer within 10 Business Days from and including the date of termination of the Contract.

If the Customer fails to take delivery of the Goods within three Business Days of Soma Lighting Agency FZE notifying the Customer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or the Supplier’s failure to comply with its obligations under the Contract:

(a) delivery of the Goods shall be deemed to have been completed at 9:00 am on the third Business Day after the day on which Soma Lighting Agency FZE notified the Customer that the Goods were ready; and

(b) Soma Lighting Agency FZE shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).

If within seven Business Days after the day on which the Soma Lighting Agency FZE notified the Customer that the Goods were ready for delivery the Customer has not taken delivery of them, Soma Lighting Agency FZE may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.

We deliver our Products to all Countries and mainly UAE. Shipping will be done by a third-party courier.
Delivery within UAE cities shall be in approx. 1 – 2 weeks and up to 14 – 20 working Days to Other Countries. Free delivery on all orders.

Cancellation Policy

Customer can cancel their order within 24 hours; refunds will be made back to the payment solution used initially by the customer.

Return and Refund Policy

‘’Refunds will be done only through the Original Mode of Payment”

Quality

Soma Lighting Agency FZE warrants that on delivery the Goods shall, to the best of Soma Lighting Agency FZE knowledge and belief:

(a) conform with the Specification; and

(b) be free from material defects in design, material and workmanship.

Subject to clause if:

(a) within 10 Business Days from and including the date of the Order (“Returns Period”), the Customer gives notice in writing to Soma Lighting Agency FZE that some or all of the Goods do not comply with the warranty set out in clause

(b) Soma Lighting Agency FZE is given a reasonable opportunity of examining such Goods; and

(c) the Customer (if asked to do so by Soma Lighting Agency FZE) returns such Goods to Soma Lighting Agency FZE place of business at the Supplier’s cost, Soma Lighting Agency FZE shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

Once the Returns Period has elapsed,Soma Lighting Agency FZE shall have no obligation to provide a refund. Any Goods that are returned to Soma Lighting Agency FZE after the Returns Period has elapsed shall, at Soma Lighting Agency FZE option, be returned to the Customer (at the Customer’s cost) or retained by Soma Lighting Agency FZE for sale or disposal.

Soma Lighting Agency FZE shall not be liable for the Goods’ failure to comply with the warranty set out in any of the following events:

(a) the Customer makes any further use of such Goods after giving notice in accordance.

(b) the defect arises because the Customer failed to follow Soma Lighting Agency FZE oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;

(c) the defect arises as a result of Soma Lighting Agency FZE following any drawing, design or Specification supplied by the Customer;

(d) the Customer alters or repairs such Goods without the written consent of Soma Lighting Agency FZE;

(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

(f) the Goods differ from the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

Except as provided in this clause 5, the Supplier shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 5.1.

The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

These Conditions shall apply to any repaired or replacement Goods supplied by Soma Lighting Agency FZE.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.