TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale, together with the Privacy Policy, which can be found here (“Privacy Policy”) and the Website Terms and Conditions which can be found here (“Website Terms and Conditions”), set out the legal terms and conditions (“Terms & Conditions”) under which Alshaya Global Ecom FZE, a limited liability company incorporated in the United Arab Emirates and holding commercial license number 424154504 (“we, “us”, “Alshaya”) will sell any of the products (“Products”) listed on our website, mobile or tablet application, or any other platform (collectively referred to as “Website”) to you. We seek to comply with international standards in distance-selling and e-commerce at all times, and if you have any concerns, please contact us.
By purchasing a Product featured on the Website, you agree to be bound by these Terms and Conditions of Sale, the Privacy Policy and the Website Terms and Conditions, which, following acceptance by Alshaya as defined below, constitute an agreement between you and Alshaya (“Sales Contract”), and you warrant that you have the capacity and ability to agree to the resulting Sales Contract and to carry out your obligations as set out in the Sales Contract.
You should read through these Terms and Conditions of Sale in their entirety before you make a purchase from the Website. If you do not accept and agree to be bound by these Terms and Conditions of Sale and the resulting Sales Contract you must not purchase any item featured on the Website.
These Terms and Conditions of sale, and all matters connected thereto and the Website are governed by the laws, and subject to jurisdiction of the courts, of the country in which the Product is delivered and shall be as set out in these Terms and Conditions.
Eligibility Criteria
To order from this Website you must be over eighteen (18) years old, possess a valid method of payment (which may include cash on delivery) and be located in a country to which Products featured on the Website delivers (the Website Region, as defined below).
The Website will only provide products and services to the Website Region and to the country associated with the IP address from which you access the Website directly. The use of VPN or other similar technologies to access the Website from outside of the Website Region is forbidden.
Any order for a Product to be delivered to an address situated outside of the Website Region will not be processed. The Alshaya Group reserves its rights to add or remove countries from the Website Region in its discretion.
Order Process
You may place an order for Products on the Website by selecting the Product(s) you wish to purchase, adding them to your basket, and then completing the checkout process (an “Order”). During the checkout process, you will be asked to provide a number of details. All fields indicated as compulsory must be completed in order for us to process your Order (which includes, providing us with your name, delivery address (if applicable), payment details (except where cash on delivery is selected), a valid telephone number and email address). Any personal information that you provide to us will be managed by us in accordance with the Privacy Policy. Where you use a credit or debit card to pay for your Order, you confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
By following the click through check out process and submitting your Order (“Click Accept”) you shall be bound by the terms of the Sales Contract, and your Click Accept shall have the same legal effect as your original ‘wet ink’ signature on a hard copy document form of Sales Contract. For the avoidance of doubt, you declare, acknowledge, undertake, confirm and agree that your Click Accept of these Terms and Conditions and the resulting Sales Contract is legally binding and is the equivalent to, and has the full force and effect of, your handwritten, original ‘wet ink’ signature to a hard copy document, and it shall not, for any reason whatsoever, at any time whatsoever, repudiate the meaning, validity, or enforceability of the Click Accept.
Please note that items in your basket are not reserved during your shopping session and may be purchased by other customers.
We reserve the right not to accept any Order. This may occur where, for example, we are unable to obtain authorisation for payment, where shipping restrictions apply to a particular Product, where the Product ordered is out of stock or does not satisfy our quality control standards or is withdrawn, or where you do not meet the eligibility criteria set out in Clause 1.
We cannot guarantee that every Product displayed on the Website is available at the stated price. We will contact you if we are unable to supply a Product at the stated price.
We cannot guarantee that every Product featured on the Website is in stock and available for delivery. We will contact you if you have ordered any Product that is out of stock.
Following the submission of your Order and your Click Accept, we will send you an email confirming receipt and the details of your Order and the delivery costs, which will be added to the purchase price (if applicable[AW1.1]).
You can review Orders you have placed and their current status at any time by visiting the Website and clicking on “Log In” at the top of the page followed by selecting “Track Your Order”.
If we cannot supply you with any of the Products you have ordered for whatever reason, (including where they are out of stock or the price has changed) we will not process your Order and we will inform you of this. If you have already paid for the Products, we will provide you with a full refund as soon as reasonably possible.
Acceptance of Order
Please note that neither completion of the online checkout process nor our confirmatory email constitute our acceptance of your Order . Our acceptance of your Order will take place only upon receipt of full payment from you and when we thereafter send you a confirmation email confirming that the relevant Products have been paid in full by you and (if relevant) have been shipped (“Dispatch Email”). Our Dispatch Email is our confirmation to you that we have agreed to sell the relevant items to you at the price specified at checkout, unless we have subsequently notified you otherwise. We cannot guarantee how long it will take to process your payment for an Order.
Pricing Policy
All prices and offers remain valid as advertised from time to time.
Product prices are set at the time a Product is first displayed on the Website. These prices are subject to change at any time, except in the case where your Order has been confirmed by the receipt of the Dispatch Email.
If you are a customer whose credit/debit card is denominated in a currency that is different to the charging currency mentioned on the Website, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. We are not liable for any exchange fees in respect of any purchases made through the Website and you shall be responsible for any and all liabilities in relation to the same.
All prices shown in the Website include, where applicable in the country in which you are ordering the Product to, any value added tax or general sales tax. Any introduction of or increase in any value added tax or general sales tax shall be immediately added to our Products, except in the case of an Order in respect of which a Dispatch Email has been sent. Delivery charges may be charged in addition to the Product price [and these will be shown at the time of checkout]. Alshaya shall not be liable for any other taxes, duties or other charges that may be due as a result of any delivery of the Products to your chosen address.
Delivery
We can only process orders for delivery or collection within countries in which we are permitted to sell the Products.
Please note that delivery charges and timescales vary depending on the type of Products ordered, the service you select and the delivery address.
We may arrange delivery through a delivery partner who may contact you separately to arrange your delivery, however, we will at all times remain responsible for delivery.
We will try our best to deliver the Products to your address by the estimated delivery date set out in our order confirmation email. If we are unable to meet our estimated delivery date, we will contact you as soon as we can with a revised estimated delivery date. We will inform you when the order has been delivered to your address.
If no one is available at the specified address at the time of delivery, our delivery company will contact you to arrange re-delivery. The Products will only be left with a third party (such as a building caretaker or a maid) only with your express authority and at your own risk.
All risk in the Products you order (including risk of loss and/or damage to the Products) shall pass to you when they are delivered to the delivery address specified in your order, and we will NOT be liable for a refund or a replacement of the Products in the event the address you specified is incorrect. Risk in returned Products shall remain with you until the returned Product is received by us or our authorised agent.
Occasionally, the supply of your Products may be delayed or prevented for reasons beyond our control (e.g. material shortages, import delays or higher than anticipated demand). Where this is the case, we will make every effort to keep you informed but shall be under no liability to you for such delay or failure.
Returns
General Returns
We offer a fourteen (14) day discretionary return policy (“Discretionary Return Policy”), under which you can request to return a Product that you have purchased online and receive a refund of the purchase price of the Product. Delivery charges are non-refundable unless your return is due to faulty, damaged, or incorrect Products . Please refer to Defective or Damaged Product Return Policy set out below.
In case of partial returns, delivery charges will not be refunded, as some items have already been shipped and delivered.
Any return made under this policy must be received by us within fourteen (14) days of the date upon which you received your order.
This Discretionary Return Policy is offered to make your online shopping experience easier. However, we monitor the number of returns made by customers and may, at our discretion but without prejudice to any statutory consumer protection rights applicable in the country in which you have placed your order (a) refuse to accept requests for future orders or (b) refuse to offer this Discretionary Return Policy if Products are returned repeatedly under this Discretionary Return Policy.
This Discretionary Returns Policy does not apply if the product:
• is not in its original unopened packaging with all labels still attached;
• is not in its original state and has items missing, such as belts or other included accessories;
• has already been used;
• was a clearance item marked as non-returnable;
• was sold as part of a promotion such as a two-for-one or with a free product;
• is one of the following:
o underwear;
o lingerie;
o hosiery;
o socks;
o swimwear;
o fragrances;
o health & beauty products (such as skincare, make-up & cosmetics);
o personalize products made to your order; or
o a perishable product.
Defective or Damaged Product on Arrival Returns
All Products purchased online are carefully inspected and packaged before shipment.
In the unlikely event that the Products you receive are damaged or faulty on arrival or you receive an incorrect item in your order, or the product does not match the product description on our website or mobile application, you may return the Product under this Damaged on Arrival Returns Policy.
Where your Product qualifies for a refund, you will receive a full refund of the Product price. If the full order is returned, you will be entitled to a full refund of the shipping fees (including any customs duties or import charges) incurred in the original order. In case of partial returns, delivery charges will not be refunded, as some items have already been shipped and delivered.
Any returns made under this Damaged on Arrival Returns Policy must be made as soon as possible, and in any event, the products must be received by our returns facility within the below period given as per your country of order. Any returns received outside of this timeframe will not be processed. This time limit will not affect any statutory right of return.
Please note that refunds will not be made for damaged items that have already been used.
If you wish to return a Product under this Discretionary Returns Policy and Damaged on Arrival Returns Policy, you can do so by visiting the returns section of “My Account”. If a return is possible, you will be able to select the products you want to return and place a return request to arrange for pick-up.
When you send the product you must:
- ensure that the product is in its original unopened packaging with all tags and labels attached;
- ensure that any accessories sold with the product, such as belts, are included;
- if the Product was sold alongside a free gift, you must also return the free gift along with the returned product, and the free gift must also not have been used or fall into one of the categories or products that cannot be returned, as listed above noting that faulty gift cards are not excluded and can be reported to our Customer Services;
- include the original invoice.
You must ensure that the returned Product reaches us within fourteen days of the date upon which you received your order. Any returned Product that arrives at our returns facilities after this date may not be processed. Please note that any Product that does not include the original invoice may not be processed. Furthermore, if you fail to include your invoice it may not be possible for our returns facility to link the received Product to your account. It is therefore important to ensure that the original invoice is included to ensure that we can process your refund. We shall not be liable for any inability to process a refund where the required invoice was not enclosed.
Once we receive your item at the returns facility, you will receive an email to confirm the receipt of your returned items.
All items which are returned will be assessed and validated before they are accepted for a refund. If you return a Product otherwise not eligible for a refund under this Discretionary Return Policy, your claim for a refund will be rejected.
Subject to our assessment and validation process, you will be entitled to receive a full refund of the product price. If the full order is returned, you will be entitled to a full refund of the shipping fees (including any customs duties or import charges) incurred in the original order.
Where your request for refund is approved, such refund will be made back to your original method of payment in the currency in which you originally purchased the Products. For example, if you paid by credit card, a refund will be made to your credit card. If you paid by gift card, a credit will be added to the balance of your gift card. Please note that the refund processing time may differ depending on the method of payment used.
Items purchased from our stores/online in one country are considered non-refundable and non-returnable in any other country. This policy also applies to items purchased by a third party or a reseller on behalf of the customer.[AW5.1]
Customers who return items that are not part of Alshaya's inventory landscape will be contacted by Alshaya to schedule a delivery at an additional fee. If the customer doesn't respond at any stage, Alshaya will have the legal right to dispose of the item in accordance with the applicable consumer law. After the object is destroyed, Alshaya will not be held responsible or subject to any consequences.
You agree that any items which are returned, whether eligible for a refund or not, will, on receipt by us, be our property, and we may accordingly deal with such returned items as we see fit, including (without limitation) our repurposing or destroying such items.
Defective or Faulty Products
Where, following receipt of a Product, the Product is subsequently discovered to be defective or faulty, and such Product is covered by a warranty provided by us, the manufacturer, or under any consumer laws applying in your country of purchase (“Warranty”), you must return the faulty product as soon as possible after discovering the defect, and in regards Products benefiting from a Warranty, prior to the expiry of any such Warranty (“Warranty Period”).
The Warranty Period applicable to each Product varies depending on the Product, brand, and/or manufacturer. The applicable Warranty Period will be communicated to you on the relevant product page, at checkout, on your invoice, and/or in the warranty documentation accompanying the Product.
Any Products received outside of their corresponding Warranty Period will not be processed (for refund, repair or otherwise) unless they are returned within the time periods mentioned in the Discretionary Return Policy or the Damaged on Arrival Policy.
Nothing in these Terms and Conditions of Sale shall be construed as limiting any statutory rights you may have as a consumer under applicable consumer protection legislation. Where any provision of these terms and conditions conflicts with such mandatory consumer protection legislation, the statutory provisions shall prevail to the extent of the inconsistency.
Online Order Cancellations
If you wish to cancel your online order, you may do so by calling our Customer Services department during working hours and within one hour of having placed it (“Cancellation Process”).
If you paid by credit card or debit card (KNET in Kuwait), and you have cancelled your order in accordance with the Cancellation Process, then we will reverse the authorization or process a refund transaction (as the case may be) as soon as possible. However, we are not responsible for how long this will take to be reflected on your account as this is dependent on bank processing procedures.
Subject to local consumer protection laws applying in your country of purchase, please note that we cannot accept cancellations outside of the specified periods as the order will have been processed and can only then be cancelled through our returns/refunds processes as mentioned above.
Refunds will be done only through the original mode of payment.
Gift messages
If you order a Product as a gift, we may offer you the opportunity to add a gift message to your purchase. If you choose to use the gift message service, you acknowledge and agree that:
• the gift message service is provided for your own personal and non-commercial use only;
• the gift message you instruct us to send on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or which is otherwise unlawful or objectionable;
• you will not impersonate any person, including but not limited to any of our employees or customers;
• you are entirely responsible for the text and other content of your gift message and We accept no liability for any such content;
• we do not pre-screen messages, but may monitor content from time to time for the purpose of guarding against unlawful or inappropriate gift message; and
• we have the right to refuse to send messages and to terminate access to the gift message service at any time and without liability to you.
Promotional offers
From time to time, we may make available promotional offers on the Website and in such cases specific terms and conditions will apply. Such offers may be time-limited and orders may not qualify if they have not been fully processed by you within the stated time period. Promotions where you are eligible for a free item (e.g. buy one get one free), only apply to qualifying items displaying the offer message on their product information pages, and unless the promotions indicate otherwise, apply to the lowest-priced qualifying item. Offers may not be combined with other promotions, offers and voucher codes unless otherwise specifically stated. We reserve the right to amend or terminate a promotion at any time without notice.
General
Interpretation. In these Terms and Conditions of Sale (unless otherwise provided):
(a) words importing the singular shall include the plural and vice versa;
(b) references to Clauses are to be construed as references to the clauses of these Terms and Conditions of Sale;
(c) references to these Terms and Conditions of Sale, the Privacy Policy or the Website Terms and Conditions means these Terms and Conditions of Sale, the Privacy Policy or the Website Terms and Conditions as amended, varied, novated or supplemented from time to time;
(d) the words include and including shall be construed as being by way of illustration or emphasis only and shall not be construed as, nor shall it take effect as, limiting the generality of any preceding words;
(e) the words other and otherwise shall not be construed as being limited by the context in which they appear or the words that preceded them;
(f) references to a person shall be construed as including references to an individual, firm, partnership, joint venture, company, corporation, body corporate, unincorporated body of persons or any state or any agency of a state; and
(g) references to any Party or any other person shall be construed so as to include their permitted assigns, transferees or successors in title.
Amendments. Alshaya may amend these Terms and Conditions of Sale, the Privacy Policy and[DF28.1] the Website Terms and Conditions from time to time. Any such amendment shall be effective immediately on the date of publication of the amended relevant terms and conditions on the Website and you acknowledge you are responsible for checking back to the Website to that end on a regular basis.
Invalidity. If at any time any provision of these Terms and Conditions of Sale or any Sales Contract shall be found by any court or administrative body of competent jurisdiction to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect the other provisions of these Terms and Condition of Sale or any Sales Contract, which shall remain in full force and effect.
Parties to the Sales Contract and Assignment. Each Sales Contract is formed by the relevant Alshaya entity and you. The Alshaya entity who is party to the Sales Contract may assign, transfer, delegate or subcontract performance of the Sales Contract or any of its rights or obligations under the Sales Contract to any third party at any time. The Sales Contract is personal to you and you may not assign, transfer or delegate the Sales Contract in anyway.