Terms & Conditions
TERMS AND CONDITIONS OF SALE
This page tells
you information about us and the legal terms and conditions (“Terms &
Conditions”) under which we sell any of the products (“Products”) listed on
this website (“Website”) to you.
Information
about us
This Website is
owned and operated by Rubyx for Retail and Wholesale Company registered
in Kuwait with its registered office on Mezzanine Floor, Tijaria Tower Sharq,Kuwait (“We” or “Us” as the case
may be). For the purposes of these Terms & Conditions, the terms
"We" and "Us" refer to Rubyx in your territory of
residence. When you purchase Products from our Website, you
will be entering into a contract with either Rubyx for Retail and Wholesale Company or its relevant affiliated company in your territory of residence.
Your
order
By placing an
order for Products through our Website, you are confirming that you intend to
enter into a contract with us for the purchase of those Products. You place the
order for your Products on the Website by clicking the ‘Confirm Order’ button
at the end of the checkout process. During the checkout process, you will be
asked to complete your payment details. All fields indicated as compulsory must
be completed (which includes providing us with your name, address, a valid
phone number and email address). We will then send you an email confirming
receipt, the details of your order and the delivery cost which will be added to
the purchase price (if applicable).
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.
If we cannot
supply you with the Products you ordered with payment, we will provide you with
a full refund as soon as reasonably possible.
Delivery
Rubyx for Retail and Wholesale Company. ships orders in Kuwait by Company's own delivery
network or using Third party Service Providers and, from time to time, we will use 3rd party logistics partners.
We
strive to ensure deliveries within Kuwait within 24 working hours and depends
on the third party logistics partner’s schedule for international orders.
In
the event of your non presence at the specified location, we will deliver only
to a third party who has been authorized by you to our satisfaction.
If
we fail to deliver due to your non availability at the specified place, please
contact our customer service department to arrange an alternative delivery
time. We will not be responsible for any orders that are not accepted within a
period of 14 days after the date of purchase.
Promotional offers
From
time to time, we may make available promo codes for receiving 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. 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.
WEBSITE
TERMS & CONDITIONS
These
Terms & Conditions apply to your use of the Website. By accessing,
browsing, using or registering on our Website, you confirm that you have read,
understood and agree to these Terms & Conditions in their entirety. Please
check this page regularly to determine whether our Terms & Conditions have
been updated - any new terms will automatically be effective when they are
published on this Website.
We
reserve the right to:
·
amend our Terms & Conditions;
·
refuse any user access to our Website;
·
terminate user accounts;
·
modify or withdraw (temporarily or permanently)
this Website without notice; or
·
cancel customer orders at our discretion.
Intellectual
property
All
copyright, trademarks and other intellectual property rights in all material,
content or software supplied as part of our Website, including emails or any
other form of communication with you is protected by international copyright
and database right laws and shall remain at all times vested in Us or, where
relevant, our franchisors/licensors.
You
are permitted to use this material only as expressly authorized by Us or our
franchisors/licensors. You may not extract and/or utilize the whole or any part
the Website without our express written consent.
The
brand names and logos indicated on our Website and all related emails are owned
either by Us or by our franchisors/licensors in the territories in which we
operate.
We
may provide the functionality to allow customers to provide Product ratings and
reviews (“User Content”) in relation to the Products. If so, customers are
solely responsible for such User Content, and you warrant that any User Content
you post is accurate. We do not necessarily review User Content prior to it
being posted and it may not reflect our views or opinions. You hereby assign to
us all intellectual property rights in any User Content you post on the
Website. We make no warranty as to the accuracy or reliability of such User
Content. We reserve the right to remove User Content which if in our sole
opinion is deemed to be incorrect, offensive, illegal or otherwise
unacceptable.
Limitation
of liability
While
we will use reasonable endeavors to verify the accuracy of any information we
place on our Website, we make no warranties, whether express or implied in
relation to its accuracy or in relation to any transaction that may be
conducted on or through the Website, in our stores or with customer services
(including but not limited to, implied warranties of non-infringement,
compatibility, security, accuracy, conditions of completeness, or any implied
warranty arising from course of dealing or usage or trade).
Although
our Website follows high levels of Information Security Standards, we make no
warranty that our Website will meet your requirements or will be uninterrupted,
timely or error-free, that defects will be corrected, or that the site or the
server that makes it available are free of viruses or bugs or represents the
full functionality, accuracy or reliability of the Website. We will not be
responsible or liable to you for any loss of content or material uploaded or
transmitted through the Website.
To
the fullest extent permissible under applicable law, we disclaim any and all
warranties of any kind, whether express or implied, in relation to the
Products. We will not be liable, in contract, tort (including, without
limitation, negligence), pre-contract or other representations (other than
fraudulent or negligent misrepresentations) or otherwise out of or in connection
with these .Terms & Conditions for:
·
any economic losses (including without
limitation to loss of revenues, profits, contracts, business or anticipated
savings); or
·
any loss of goodwill or reputation; or
·
any special or indirect losses
suffered
or incurred by that party arising out of or in connection with the provisions
of any matter under these Terms &Conditions.
General
Entire Agreement
These
Terms & Conditions set out the entire agreement between you and Us and
supersede any and all prior terms, conditions, warranties and/or
representations to the fullest extent permitted by law.
Law
Any matter that
arises out of your use of our Website shall be governed by the applicable laws
in the territory in which you choose to use our Website (assuming it is a
territory in which we operate) and shall be subject to the exclusive
jurisdiction of the courts of that relevant territory.
Waiver
If
you breach these Terms & Conditions and we take no immediate action, this
does not mean that We will not be entitled to assert our rights and remedies at
a later date.
Survival
Each
provision of these Terms & Conditions shall be construed as separately
applying and surviving even if for any reason one or other of those provisions
is held to be inapplicable or unenforceable in any circumstances.