Hana Khalil

Terms and Conditions

  • INTRODUCTION
  • OUR DETAILS
  • YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
  • USE OF OUR WEBSITE
  • HOW THE CONTRACT IS FORMED
  • AVAILABILITY OF ITEMS
  • REFUSAL OF ORDER
  • DELIVERY
  • UNABLE TO DELIVER
  • PRICE AND PAYMENT
  • RETURNS POLICY
  • LIABILITY AND DISCLAIMERS
  • INTELLECTUAL PROPERTY
  • VIRUSES, HACKERING AND OTHER CYBERCRIMES
  • LINKS FROM OUR WEBSITE
  • WRITTEN COMMUNICATIONS
  • NOTICES
  • TRANSFER OF RIGHTS AND OBLIGATIONS
  • EVENTS OUTSIDE OUR CONTROL
  • WAIVER
  • SEVERABILITY
  • OUR RIGHT TO VARY THESE TERMS
  • LAW AND JURISDICTION
  • FEEDBACK
  • OUR PRIVACY AND COOKIES POLICY
  • This document sets forth the terms and conditions governing the use of this website and the purchase of items through this website (www.hkhanakhalil.com). Please read through these Terms prior to using this website.

    By using this website or placing an order through it, you are consenting to be bound by these Terms and our Data Protection Policies. If you do not agree to all of the Terms and the Data Protection Policies, do not use this website. These Terms and the Data Protection Policies may be amended. It is your responsibility to regularly read through them, as the Terms and the Data Protection Policies in force at the time that you use this website or at the time of the formation of the Contract (as defined below) shall be the applicable ones.

    By purchasing any product from this website, you enter into a contract with us on these terms.
     
  • Sale of items through this website is carried out under www.hkhanakhalil.com name by HANA KHALIL, a Brazilian company with registered offices Rua São Paulo, 1106 – Sala 1602 - Centro/BH, Estado de Minas Greais, ZIP: 30170-131, with CPNJ No. 21.959.798/0001-73. You may contact our customer service department by sending us an email at vendas@hkhanakhalil.com
     
  • The information or personal details that you provide us with shall be processed pursuant to the Data Protection Policies. By using this website you are consenting to the processing of such information and details and you represent that the whole information or details you have provided us with are true and accurate.
     
  • By using this website and/or by placing any order through it, you undertake:
    • To use the website exclusively to make legitimate enquiries or orders.
    • Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
    • To provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Data Protection Policies).

    If you do not give us all of the information that we need, we may not be able to complete your order. By placing an order through this website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

     
  • The information set out in the Terms and the detail contained on this website do not constitute an offer for sale, but rather an invitation to treat. No contract in respect of any items will exist between us and you until your order has been expressly accepted by us, whether or not funds have been deducted from your account. If we do not accept your offer and funds have already been deducted, these will be fully refunded. To place an order, you must follow the online shopping process and click on "Authorise payment" to submit the order. After this, you will receive an email from us confirming receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to buy one or more items from us. All orders are subject to acceptance by us, and we will confirm this acceptance to you by sending you an email that confirms that the item is being sent (the "Shipping Confirmation"). The contract for the purchase of an item between us (the "Contract") will only be formed when we send you the Shipping Confirmation. The Contract will relate only to those items whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other items which may have been part of your order, until the dispatch of those items has been confirmed in a separate Shipping Confirmation.
     
  • All orders for items are subject to availability and in this regard, in the event of supply difficulties or because items are no longer in stock, we reserve the right to give you information about substitute items of an equal or higher quality and value which you can order. If you do not wish to order the substitute items we will reimburse any monies that you may have paid.
     
  • We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time. We will not be liable to you or any other third party by reason of our withdrawing any item from this website, removing or editing any materials or content on this website, or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.
     
  • Subject to availability (see Clause 6 above), and unless there are any exceptional circumstances, we will endeavour to fulfil your order for items listed in the Shipping Confirmation by the delivery date set out in the Shipping Confirmation or, if no estimated delivery date is specified, then within a maximum of 30 days of the date of the Order Confirmation. If we fail to deliver the items within 30 days of the date of the Order Confirmation, you may cancel the Contract and we will reimburse you the price paid for the items and any delivery costs paid.
    If our supply of the items is delayed by an event outside our control, then we will contact you as soon as possible to let you know, and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any items you have paid for but not received. With regard to the virtual gift card, we will send it on the date indicated by you when you place your order.

    Please note however that we do not deliver on Saturdays or Sundays, except in the case of the virtual gift card which will be delivered on the date indicated by you.

    For the purpose of these Terms, "delivery" or "delivered" shall be deemed to have occurred when you or a third party nominated by you acquires physical possession of the items, which will be evidenced by the signing for receipt of the items at the agreed delivery address. The virtual gift card shall be deemed to be delivered in accordance with the Terms and Conditions of the Gift Card, and in all cases on the delivery date of the virtual card to the e-mail address indicated by you.
     
  • If we are unable to deliver, your items will be returned to our depot. We will leave a note explaining where your parcel is and how you can rearrange delivery. If you are not at the delivery location at the time agreed, please contact us again to rearrange delivery for another mutually convenient day.

    If after 3 delivery attempts, the order could not be delivered for reasons not attributable to us, we will 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, excluding delivery charges without any undue delay, and at any rate, within 14 days of the date on which this Contract has been terminated.
     
  • Our prices are in Real (BRL).
    All prices are based on currency rates of exchange in effect at the time of the purchase.
    All prices are subject to change without prior notice due to currency fluctuation.
    We are not liable in any way if any increase occurs.

    The prices on this website exclude delivery costs, which will be added to the total amount due. Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation. Therefore price adjustments on previous orders are not permitted.

    Once you have finished shopping, all the items you wish to purchase are added to your basket and your next step will be to go to the checkout process and make payment. To do this, you must follow the steps of the purchase process, completing or verifying the information requested in each step. Throughout the purchase process, before payment, you can modify the details of your order. Also, if you are a registered user, a record of all the orders placed by you is available in the "My Account" area.

    Payment are exclusively made via PayPal. Note that it is not necessary to have a PayPal account to use the Paypal's services.

    To minimise the possibility of unauthorised access, your credit card details will be encrypted. By clicking "Authorise payment" you are confirming that the credit card is yours or that you are the legitimate holder.

    Credit cards are subject to validation checks and authorisation by your card issuer, but if your card issuer fails to authorise payment to us, we will not be liable for any delay or non-delivery and may not be able to form a contract with you.

    Credit cards are subject to validation checks and authorisation by your card issuer, but if your card issuer fails to authorise payment to us, we will not be liable for any delay or non-delivery and may not be able to form a contract with you.
     
  • You may cancel your order for any reason up to 7 days from the date on which you receive the Shipping Confirmation, by notifying us of your decision to cancel using the following contact details: custormerservice@hkhanakhalil.com.

    To meet the cancellation deadline, it is sufficient for you to have sent your communication concerning your exercise of the right to cancel before the cancellation period has expired.

    If you have been charged for any items, we will process a refund, which will exclude the cost of delivery to the original delivery address.

    Return of gift cards is governed by the Terms and Conditions of the Gift Card.

    You do not have the right to cancel the Contract when it is for the delivery of any of the following three categories of "Excluded items":


    Excluded Items


    1. Items that have been made to your specifications or clearly personalised.
    2. Items without their original packaging or without hygiene seals
    3. Sealed items that are not suitable for return and that have been unsealed after delivery, or if the hygiene label is no longer in place.

    When you receive the items, you may handle them to establish their nature, characteristics and functioning. Acceptable handling of the items is that which would reasonably be allowed in a shop. Items should not have been damaged, soiled, washed, altered or worn (other than to try the item on) and any labels or tags must be intact. If your handling goes beyond what is acceptable and the items are damaged or diminished in value, we may deduct from the amount we reimburse to you, or you may be liable to us for, an amount equal to the diminished value of the items.

    Please return the items using or including all their original packaging, instructions, and other documents, if any, accompanying the items.


    Returns Methods


    To return an item, please email our customer service: customerservice@hkhanakhalil.com

    Hana Khalil is not responsible for any returns lost in transit until it reaches our offices. Hana Khalil reserves the right to deny unauthorised returns that do not meet or follow our return policy and procedures.


    After examining the items, we will inform you of whether you have the right to reimbursement of the amounts paid. The refund will be paid as soon as possible and, in all cases, within 14 days after we have received the item(s) back. Notwithstanding this, we may withhold the reimbursement until we have received the items back. The refund will always be paid using the same payment means you used to pay for your purchase.

    You are responsible for the cost and risk of returning the items to us, as indicated above.

    If you have any questions, you can contact us via customerservice@hkhanakhalil.com.


    Exchanges – for a change of size


    If you decide that the item that you have purchased is in the wrong size for you, then you may be able to request a change in its size, without having to pay an additional delivery charge for the new item being sent to you, provided that you return the original item. You should select the new size of your item, and provided that (1) it is the same item; (2) its price on this website is equal to, or greater than, the price that you paid for the original item (but please note, in these circumstances only, you will not be charged for the price); (3) the means of payment that you originally used is one of those specified as such in Clause 13 of these Term; (4) you do not have any other open exchange requests; and (5) you are not requesting more than 4 items to be exchanged; then you will be able to request the change in size only one time.
    To know the procedure please get in touch with you can contact us via customerservice@hkhanakhalil.com


    Returns of defective items


    If the item that you have received is defective, please notify us by using the following email address: customerservice@hkhanakhalil.com.
     

    Returns of non-Hana Khalil items


    You are responsible for checking the contents of any packages before you return them to us.

    We are not responsible for the care or return of the contents of any packages which are erroneously returned to us (which included any products provided by other retailers) (“Erroneous Returns”).

    We may (but are not required to) contact you to inform you that you have made an Erroneous Return.

    We will store any Erroneous Returns which we receive for a period of 7 days from the date we receive them. If you have not contacted us regarding the Erroneous Return within this time we will presume that the relevant contents have been abandoned.
     
  • We are not liable for business losses. We only supply the items for domestic and private use. If you use the items for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.

    We have a legal duty to supply items to you that are in conformity with the Contract, however, without affecting that duty and to the fullest extent permitted by law, all item descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising. Where you are contracting as a consumer, in line with our obligations at law, we will be responsible for delivering items to you that: (i) comply with the description given by us and possess the qualities that we have presented in this website, (ii) are fit for the purposes for which items of their kind are normally used and (iii) show the quality and performance which are normal in items of the same type and can which can reasonably be expected.
     
  • You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.
     
  • You may not misuse this website/App by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this website, to the server which hosts this site or to any other server, computer or data base related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack. By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately. We will use reasonable care and skill to ensure that this website and App are safe, secure and free from bugs, viruses and other defects. Except to the extent it results from our failure to do so, we accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website or from the downloading of the contents thereof or of such contents to which this website redirects.
     
  • We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.

     
  • Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
  • All notices given by you to us should be given to us via email to customerservice@hkhanakhalil.com. Subject to and as otherwise specified in Clause 18, we may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 72 hours after an e-mail is sent, or ten days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
     
  • The Contract between you and us is binding on you and us and it is non-transmissible to a third-party.
  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control.

    An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

    1- Strikes, lock-outs or other industrial action.
    2- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
    3- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
    4- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    5- Impossibility of the use of public or private telecommunications networks.
    6- The acts, decrees, legislation, regulations or restrictions of any government.
    7- Any shipping, postal or other relevant transport strike, failure or accidents.

    Our performance under any Contract is deemed to be suspended for the period that any event outside our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event outside our control to a close or to find a solution by which our obligations under the Contract may be performed despite the event outside our control.
     
  • If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.
     
  • If any of these Terms or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
     
  • We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you use this website or order items from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.
     
  • The use of our website and the Contracts for the purchase of items through such website will be governed by Brazilian law. Any dispute arising from, or related to the use of this website or to such Contracts shall be subject to the non-exclusive jurisdiction of the Brazilian courts. If you are contracting as a consumer, nothing in this Clause will affect your statutory rights as such.
     
  • We welcome your comments and feedback. Please send all feedback and comments to us via our e-mail address customerservice@hanakhalil.com.
  • 1. WHO WE ARE.
    We are Hana Khalil, and we process your personal data as joint controllers. This means that we are jointly responsible for how we process and protect your data.

    2. WHAT WE USE YOUR DATA FOR.
    We will use your data (collected online or in person), among other purposes, to manage your registration as a user, to manage your purchases of products or services, to respond to your queries, and, if you wish, to send you our customised communications.

    3. WHY WE USE YOUR DATA.
    We have legal standing to process your data for various reasons. The main reason is that we need to process your data to perform the contract that you accept with us when you register and when you make a purchase or enjoy any of our services or functionalities. We also use your data for other reasons, for example, to respond to your queries or to send you newsletters that you have asked to receive from us.

    4. WHO WE SHARE YOUR DATA WITH.
    We share your data with service providers who provide us with assistance or support.

    5. YOUR RIGHTS.
    You have the right to access, rectify or delete your personal data. In certain cases, you are also entitled to other rights, such as, for example, to object to us using your data, or to transferring your data.
     

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