Terms of Service

OVERVIEW

This website is operated by Habibi Ceramics (“Habibi Ceramics”, “we”, “us”, “our”). Throughout the site, the terms “we”, “us” and “our” refer to Habibi Ceramics. Habibi Ceramics provides 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 stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms” or “Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and/or contributors of content.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE.

By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions, then you may not access the website or use any services.

Our store is hosted on Shopify Inc., which serves as our e-commerce platform.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least 18 years old (the age of majority in California), or, if you are a minor, that you have obtained parental or legal guardian consent to use this site.

You agree not to use our products for any illegal or unauthorized purpose, nor, in the use of the Service, violate any laws in your jurisdiction, including copyright or commercial laws.

A breach or violation of any of these Terms will result in immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time, provided such action is permitted under applicable law.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or access to the Service, without express written permission from us.

SECTION 3 – CUSTOM & MADE-TO-ORDER PIECES

Custom and Made-to-Order Sales
Habibi Ceramics specializes in custom, bespoke, and made-to-order ceramic pieces, handcrafted based on your specifications. Pursuant to California Civil Code § 1793.02(d) and governing U.S. consumer protection laws, products that are custom-made to your order and specification are not eligible for return, refund, or cancellation, unless the item is defective, damaged in shipping, or not as described in your written order invoice.

Order Agreement
By placing an order for a custom or made-to-order piece, you (the “Buyer”) acknowledge and accept that these items are final sale, and Habibi Ceramics is not obligated to accept returns or issue refunds for completed custom work, except as required by law.

Fraudulent Claims Prohibited
Initiating a payment reversal or chargeback on a legitimate, fulfilled, custom order is prohibited. Habibi Ceramics will provide evidence of fulfillment (including tracking numbers, delivery confirmation, and order details) to the issuing financial institution in case of disputes.

SECTION 4 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

Content on this site is for general information only. We reserve the right to modify, update, or remove content at any time. You agree to monitor changes to our website.

SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices and product availability are subject to change without notice.

SECTION 6 – PRODUCTS OR SERVICES

Some products or services are available exclusively online. All custom and made-to-order products are final sale and are not eligible for return or exchange except where required by California law.

We have made every reasonable effort to display as accurately as possible the colors and images of our products. Your device’s display may differ.

Habibi Ceramics reserves the right to limit the sales of its products or services to any person, geographic region, or jurisdiction.

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or cancel any order for any reason at any time. You are responsible for providing current, complete, and accurate purchase information.

SECTION 8 – DELIVERY & SHIPPING

We ship to the address provided at checkout. Proof of shipment (such as carrier tracking information) and delivery confirmation will be provided for each order. Risk of loss passes to you upon delivery to the provided address, in accordance with California Commercial Code § 2509.

If you dispute receipt of a product that the shipping carrier has confirmed as delivered to your provided address, you must notify us within five (5) days of delivery confirmation.

SECTION 9 – RETURNS & REFUNDS

As per California Civil Code, custom-made, personalized, or made-to-order products are not eligible for return or refund except in cases of defect, transit damage, or mis-shipment. If your product arrives damaged or defective, you must contact us at nadia@habibiceramics.com within five (5) days of receipt, with clear photographs of the damage.

SECTION 10 – FRAUD PROTECTION AND UNAUTHORIZED CHARGES

Orders flagged as suspicious or for potential fraud may be delayed, denied, or subject to additional verification. Making a chargeback or fraud claim on fulfilled, custom orders may constitute fraud and is a violation of these Terms. We reserve the right to pursue all remedies available under California and federal law.

SECTION 11 – PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy.

SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We make no guarantees, representations, or warranties that the Service will be error-free or uninterrupted. All products are provided “as is” except as required by law.

To the fullest extent permitted by California law, Habibi Ceramics and its directors, officers, employees, or agents shall not be liable for any indirect or consequential damages relating to your use of the service or any products procured via our service.

SECTION 13 – INDEMNIFICATION

You agree to indemnify and hold harmless Habibi Ceramics and its officers, employees, and agents from any claim, damages, or demand, including legal fees, arising from your breach of these Terms, misuse of the Service, or violation of any law or the rights of a third party.

SECTION 14 – SEVERABILITY

If any provision is found to be unlawful or unenforceable under California law, such provision is severed and does not affect the enforceability of the remainder of these Terms.

SECTION 15 – TERMINATION

These Terms are effective unless terminated by you or us. We reserve the right to terminate your access to the Service or Website at any time if you breach these Terms.

SECTION 16 – ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and other posted policies, constitute the full agreement between you and Habibi Ceramics regarding the Service.

SECTION 17 – GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflicts of law principles. Any legal action or proceeding relating to your access to, or use of, the Service shall be instituted in a state or federal court in California.

SECTION 18 – CONTACT INFORMATION

Questions about the Terms of Service can be sent to:
nadia@habibiceramics.com

NOTICE TO CALIFORNIA CONSUMERS

Certain rights may be granted to you under the California Consumer Privacy Act, the California Online Privacy Protection Act, and other consumer protection statutes. These Terms are intended to supplement and comply with your rights under California law.

IMPORTANT: CUSTOM ORDER FINAL SALE ACKNOWLEDGEMENT

By placing a custom, made-to-order, or personalized order, you acknowledge and agree that your purchase is specifically created for you and is not eligible for return, cancellation, or refund except as required by law. You also acknowledge our right to respond, using these Terms, to any disputes or chargebacks relating to such custom orders.