Who We Are
As used in this agreement, and on this site, “THEBALM.PK, Site, We” refers to Quantum Partners, Office is located at Marine Arcade, S. No – 12×13, Com I/A, Block 3, Clifton, Karachi. All content held on this website is the exclusive property of Quantum Partners.
Grant of Use
Permission is granted to use the content and software (the “Services”) on the Site as a shopping and personal care resource, but for no other purpose. Any other use of Services on this Site, including, but not limited to, reproduction for purposes other than those noted above, or any modification, distribution or republication, without the prior written permission of THEBALM.PK, is strictly prohibited.
THEBALM.PK reserves the right, at any time, to modify or update the terms of this Agreement. THEBALM.PK also reserves the right, at any time, to modify or update its Privacy & Security Statement. Customer confirms his or her acceptance of the modifications or updates by continuing to use the Site.
Purpose of Sales
All sales of products by THEBALM.PK are limited to personal use and may not, without the express prior written approval of THEBALM.PK, be made in conjunction with any resale or commercial use. We reserve the right to limit quantities to normal retail purchases.
All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of THEBALM.COM /THEBALM.PK, or its respective content providers and brand owners, and are protected by international copyright laws. All software used on the Site is the property of THEBALM.PK or its respective software suppliers, and such software is protected by international copyright laws and other laws and treaties.
All trademarks, service marks and trade names used on the Site (collectively the “Marks”) are proprietary to THEBALM.COM or other respective. The Marks may not be used in connection with any product or service that is not a product or service of THEBALM.COM, or that is likely to cause confusion among customers, or that in any manner disparages or discredits THEBALM.COM or the other respective representative of the Marks.
THEBALM.PK protects customer information according to the Privacy & Security Statement posted on this Site. The Privacy & Security Statement, as amended from time to time, is incorporated by reference to be a part of this Agreement.
Colors/Satisfaction Policy/Returns/Order Cancellation
THEBALM.PK has made every reasonable effort to display as accurately as possible the colors and images of the products that appear on the Site. However, the actual images and colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor and how current is the image. THEBALM.PK does not guarantee that the display of any color or product image will be accurate. If for any reason you are unsatisfied with your experience on this Site, please contact us. If for any reason you are not satisfied with any products you purchase on this Site you can return them to our fulfillment center. Information on how to do this can be found under Return Policy on the customer service page. As we are certain you will understand, we may not provide a refund or an exchange if the products have been opened or used unless such products are defective.
Disclaimer – Beauty Products
THEBALM.PK sells the finest cosmetic and fragrance products in the world. The use and selection of cosmetics and fragrance products and other health and beauty products (“Beauty Products”) requires care to be certain that any directions and warnings are observed and followed and that Customer is aware of the possibility that some people may have allergic or other reactions to such products.
THEBALM.PK will endeavor to provide to Customers all required product labeling information; however, THEBALM.PK is not responsible for any reaction or any failure of a product to satisfy any special use requirements or otherwise meet the needs or expectations of the Customer. Customers are advised to read and strictly follow the label, all packaging inserts and instructions and all manufacturer directions and warnings.
In providing information or advice on this Site with respect to Beauty Products, whether in chat rooms, in product descriptions, or otherwise, THEBALM.PK may rely upon advice from the licensed beauticians, but Customers seeking advice from this Site shall be responsible for fully informing THEBALM.PK of any known allergies, special health or skin conditions, or other special circumstances that might be relevant to the beauty counselor providing such advice. THEBALM.PK does not accept any liability for the failure of products it sells to meet any specific needs of a user of the product or for any loss, damage or injury caused by such products.
General Disclaimer – All Products
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED OR OFFERED IN THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEBALM.PK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, THEBALM.PK DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ANY ADVICE OR ANY PARTICULAR PRODUCT WILL ACHIEVE ANY RESULT OF ANY KIND. PRICE AND AVAILABILITY INFORMATION CONTAINED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THEBALM.PK SHALL NOT BE BOUND BY ANY ERRORS OR OMISSIONS IN POSTING PRODUCT INFORMATION OR PRICES WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED ON THIS SITE.
ALL MATERIALS AND INFORMATION PRESENTED BY THEBALM.PK ARE INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY. THE PRODUCTS PROMOTED ON THIS SITE THAT ARE COSMETIC, HEALTH, AND NON COSMETIC ARE NOT INTENDED FOR USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE, AND ARE NOT INTENDED TO AFFECT THE STRUCTURE OF OR ANY FUNCTION OF THE HUMAN BODY. THE RESULTS REPORTED IF ANY, MAY NOT NECESSARILY OCCUR IN ALL INDIVIDUALS. PLEASE CONSULT WITH YOUR OWN DOCTOR OR HEALTH CARE PRACTITIONER REGARDING ANY SUGGESTIONS AND RECOMMENDATIONS MADE AT THEBALM.PK.
We are not responsible for typographical errors. Products sold on this site are not meant to diagnose, treat, cure or prevent any disease and are not intended for self-diagnosis or self-treatment of conditions that should be managed by a qualified health care provider.
Limitations on Liability
IN NO EVENT SHALL THEBALM.PK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT CUSTOMER PAID TO THEBALM.PK FOR THE PRODUCT(S) AT ISSUE, EVEN IF THEBALM.PK HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NO ACTION OR PROCEEDING MAY BE BROUGHT AGAINST THEBALM.PK WITH RESPECT TO ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THIS SITE OR THE PURCHASE OF ANY PRODUCTS OR GOODS THROUGH THIS SITE.
As expressly stated herein, THEBALM.PK makes no representations or warranties, either express or implied, of any kind with respect to products sold on the site. In no event shall THEBALM.PK its Directors, officers, employees and representatives be liable for special, indirect, consequential or punitive damages related to the products or services sold.
Order Acceptance/Shipping Terms/Refunds
Acceptance of all orders by THEBALM.PK occurs only upon shipment from THEBALM.PK’s distribution center in Karachi. The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on this Site, or published in any catalog or other advertisement. THEBALM.PK reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any Customer. Verification of order and customer information may be required prior to the acceptance of any order. Prior to acceptance, THEBALM.PK is not obligated to fulfill any order and may notify the Customer of a back-order and the estimated time for shipment (in which case the order shall be deemed to remain open unless Customer cancels prior to the actual shipment date). Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order. In the event of an authorized return of any goods sold from the Site THEBALM.PK is not obligated to include a refund of any shipping and handling charges or gift wrap charges except when the return is for defective product and THEBALM.PK shall have the option to refund any amount owing to Customer by either giving store credit for payment or mailing a check to the Customer at the address shown on the related Order. In case an item is out of stock THEBALM.PK shall have the option to process the order without the out of stock item and cancel the remaining order if the item would take more than 10 business days to come back in stock.
Any conduct by a person that in THEBALM.PK’s sole discretion restricts or inhibits any other person from using or enjoying THEBALM.PK is prohibited. Customer agrees to use the Site only for lawful purposes and in accordance with that prohibition. Customer agrees that he or she will not post on the Site or transmit through THEBALM.PK any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.
User Comments, Feedback, Postcards and Other Submissions
All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to THEBALM.PK on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain THEBALM.PK’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to THEBALM.PK of all worldwide right, title and interest in all copyrights and other intellectual property rights in and to the Comments. Thus, THEBALM.PK will own exclusively all such right, title and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. THEBALM.PK is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any person any compensation for any Comments; or (3) to respond to any customer Comments.
Termination of Usage
THEBALM.PK may, without incurring any liability to the Customer, terminate access by such Customer, or suspend any Customer’s access to all or part of THEBALM.PK, without notice, for any conduct that THEBALM.PK, in its sole discretion, believes is in violation of any applicable law or this Agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or THEBALM.PK.
Outside Sites and Linking
The Site may contain links to other sites on the Internet that are owned or operated by third party vendors and other third parties (the “Outside Sites”). THEBALM.PK is not responsible for the availability of, or the content located on or through, any Outside Site. You should contact the site administrator or Webmaster for those Outside Sites if you have any concerns regarding such links or the content located on such Outside Sites.
THEBALM.PK permits certain third party links to the home page of its site, provided that THEBALM.PK is provided with notice of such links and does not thereafter object to such linking. No links or “deep links” are permitted to any page other than the THEBALM.PK home page without the prior written consent of THEBALM.PK and THEBALM.PK reserves the right to revoke unilaterally any consent that it may at any time give to any linkage, including linkages to the home page.
Governing Law/Pakistan Jurisdiction/Jury Trial Waiver
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF ISLAMIC REPUBLIC OF PAKISTAN. CUSTOMER, BY ACCEPTING THIS AGREEMENT, CONSENTS AND AGREES TO EXCLUSIVE JURISDICTION IN PAKISTAN, PROVIDED THAT A PARTY MAY SEEK ENFORCEMENT OF A JUDGMENT OF SUCH COURTS IN ANY COURT OF COMPETENT JURISDICTION. BOTH THEBALM.PK AND CUSTOMER WAIVE ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN THE PARTIES.
If any provision of this Agreement is found to be contrary to law, the remainder of that provision (if any) and the remaining provisions of this Agreement will remain in full force and effect.
The waiver of any breach or default of this Agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.
This Agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between THEBALM.PK and Customer with respect to the subject matter hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by Customer shall be deemed rejected by THEBALM.PK without need of further notice and shall not be part of this Agreement or in any way binding upon THEBALM.PK.
Acceptance Of This Agreement And Of Amendments And Modifications Thereof
Use of the Site represents an acceptance by the Customer of the terms of this Agreement. Use of the Site shall be governed solely by the terms of this Agreement, as the same may be amended from time to time, and the policies published by THEBALM.PK on the Site, which shall be the entire agreement of the parties with regard to the use of this Site. Amendments or other modifications to this Agreement may, from time to time, be made by THEBALM.PK sending an email to the Customer at Customer’s last known email address or by posting thereof on the Site OR Social Media page.
Our Address and Contact Information Relating to the Terms of this Agreement
If you have any questions regarding the terms of this Agreement, you should contact Quantum Partners
Suit No – 12 & 13
Com I/A, Block 3