Terms of Service
1 OUR CONTRACT WITH YOU
1.1 Barahat Msheireb Hotel LLC dba Mandarin Oriental, Doha (“MODOH”) is a limited liability company organised under the laws of the State of Qatar.
1.2 These terms and conditions (“Terms”) apply to the order by you and supply of goods by MODOH to you (“Contract”). No other terms are implied by trade, custom, practice or course of dealing.
1.3 The Contract, and the terms and policies referenced in it, is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2 PLACING AN ORDER
2.1 Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (“Goods”) subject to these Terms. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
2.2 After you place an order, you will receive an email from MODOH confirming your order. If MODOH is unable to supply you with the Goods for any reason, MODOH will inform you of this by email or call and will not process your order.
2.3 MODOH reserves the right to cancel or modify orders in its sole discretion for any reason. In such event, you will be entitled to a full or partial refund of any payment made in the event of any such cancellation or modification.
3.1 The images of the Goods on MODOH’s site are for illustrative purposes only. Although MODOH has made every effort to display the colours accurately, MODOH cannot guarantee that your computer’s or electronic device’s display accurately reflects the colour of the Goods. The colour and packaging of your Goods may vary slightly from those images on MODOH’s site.
3.2 MODOH only supplies Goods for personal use and you agree not to use any Goods for resale or other commercial purposes.
4 RETURNS AND REFUNDS
4.1 Spa & wellness products may be only exchanged, no refund, within 30 days of the date of purchase, provided that you have the original receipt and the fore mentioned Goods remain in their original packaging with any seals remaining intact. No exchange or refund is permitted in respect of Goods that are food items or gift cards.
4.2 Nothing in these Terms shall limit or exclude your rights under Law No. (8) of 2008.
5 COLLECTION OF GOODS
5.1 During the order process, you will select a date and time (which not less than 24 hours from the date and time you placed the order) on which you wish to collect your Goods from Gelato / The Boutique located within Mandarin Oriental, Doha (the “Hotel”). Goods shall be collected during the operational hours stated on MODOH’s website.
5.2 Once the Goods have been collected, they are your responsibility. MODOH shall have no liability for any loss of, or damage to, Goods after they have been collected.
5.3 If you fail to collect any Goods that comprise of food on the collection date stated by MODOH, MODOH shall be entitled to dispose of such Goods and you shall forfeit the payment made for such Goods.
6 PRICE AND PAYMENT
6.1 The prices of the Goods will be as quoted on MODOH’s site at the time you have submitted your order. Prices for our Goods may change from time to time, but these changes will not affect any orders that you have already placed.
6.2 You can only pay for Goods using a debit card or credit card and payment for the Goods must be completed through the website at the time of placing your order.
7.1 Subject to clause 7.4, MODOH’s total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed an amount equal to 100% of the price of the Goods.
7.2 Subject to clause 7.4, MODOH will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for any loss of profits, sales, business, or revenue or any indirect or consequential loss.
7.3 In accordance with the F&B Takeaway Disclaimer, subject to clause 7.4, MODOH will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the consumption of all food items not located within the Hotel.
7.4 Nothing in these Terms limits or excludes MODOH’s liability for any liability that cannot be limited or excluded as a matter of law.
8 DATA PRIVACY
9 FORCE MAJEURE
9.1 MODOH will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Contract that is caused by any act or event beyond MODOH’s reasonable control (“Event of Force Majeure”).
9.2 If an Event of Force Majeure takes place that affects the performance of MODOH’s obligations under the Contract:
9.2.1 MODOH will notify you as soon as reasonably possible; and
9.2.2 MODOH’s obligations under the Contract will be suspended and the time for performance of its obligations will be extended for the duration of the Event of Force Majeure. Where the Event of Force Majeure affects the collection date notified to you, MODOH will arrange a new collection date with you after the Event of Force Majeure is over.
10.1 Any notice or other communication given under or in connection with the Contract must be in writing and be delivered by email and shall be deemed to have been received the next working day after transmission.
10.2 MODOH may assign or transfer its rights and obligations under the Contract to another entity. You may only assign or transfer your rights or your obligations under the Contract to another person if MODOH agrees in writing.
10.3 You do not have the right to vary or amend any of the terms of the Contract.
10.4 If MODOH does not insist that you perform any of your obligations under the Contract, or if MODOH does not enforce its rights against you, or if MODOH delays in doing so, that will not mean that MODOH has waived its rights against you or that you do not have to comply with those obligations. If MODOH does waive any rights, it will only do so in writing, and that will not mean that MODOH will automatically waive any right related to any later default by you.
10.5 Each clause of these Terms operates separately. If any court or relevant authority decides that any term or provision is unlawful or unenforceable, the remaining provisions will remain in full force and effect.
10.6 The Contract is between MODOH and you. No other person has any rights to enforce any of its terms.
10.7 This Contract and any dispute or claim (including any non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and interpreted in accordance with the laws of the State of Qatar and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the Qatar courts.
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