Terms and conditions of Noshka platform
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These terms and conditions were established in order to preserve the rights of, competent companies, customers, and Noshka. These terms and conditions govern your use of this Platform as follows:
Platform: Noshka Platform that includes website and applications of smart devices.
Customers: Users of Noshka Platform.
The Competent Company: is the company, entity or person who produces or manufactures goods and products, the sales agent, the distributor, or any third party that displays or sells goods and products in the market to the public including but not limited to outlets, shops, showrooms and owners of goods and products for the purpose of sale to the public, which use the Platform to display and deliver those goods and products that are purchased from the market from those or other parts of the market in its condition through outlets or stores, the Platform is a delivery platform and is not a registered agent or distributor of such goods or products and cannot be considered to be so.
The use of the Platform requires that the customer be of an adult of the legal age eligible for dealing in his country of residence.
For the customer to order any product through the Platform, the customer must abide by the necessary steps through the Platform and provide the required personal information.
The client is required to provide correct, complete and current data regarding the information requested, and must update his data continuously and immediately, and is also responsible for ensuring the confidentiality of the information and data of his account and that all persons who access the Platform through his account is aware of the terms of this Platform, and their commitment to it.
The customer is responsible for his evaluation of the products on the Platform (if available) and is fully responsible for his comments and posts, and undertakes that such comments and posts will not contain defamatory or illegal material, offensive or obscene, or contain any computer virus, and that his comments will not violate any of the rights of any third party, including the rights of publishing, trademarks, privacy, personal or property rights as provided under the laws of its country of residency. He should also not use a false email address, claim to be someone other than himself, or otherwise mislead us or any third parties as Noshka is entitled to delete any comments or withholding part of it without giving reasons.
The customer's acceptance of the terms and conditions of the Platform's use is a mandate to purchase the products displayed through the Platform and deliver them to the address that he selects when the order is placed.
These terms and conditions apply to the website of Noshka , any social media tool related to Noshka , all its applications on iPhone, iPad, Android and devices connected to the internet browser.
- Description of Services
- The Platform was established to be a comprehensive electronic complex for products such as Fashion And Clothes. Noshka is a commercial platform with the aim at facilitating the viewing, ordering and delivery of such products to customer against a fee.
- The Platform does not interfere in any way in the production, manufacture or preparation of any product, and what it offers to customers is only to provide the possibility of searching and finding the products displayed and delivering them through the Platform, and the Competent Company is solely responsible for complying with the laws, regulations and regulations and the standards applied in the state such as those that relate to producing, preparing, selling and marketing.
- Customers are solely responsible for verifying the authenticity of the delivery addresses and no obligation or liability for any wrong addresses will be fulfilled by Noshka.
- All services offered on the Platform are immediately executable (online).
- Some products showing on website/application of Noshkamay not eb available for same-day delivery, unless otherwise specified.
- Noshka Platform is just an electronic intermediary between the client and the Competent Company and does not take any responsibility in the event of delayed implementation or changes of conditions or goods and specifications that have been approved between the customer and the Competent Company, and Noshka is not to be asked about any violations or legal violations that may be committed by the Competent Company, to name but not limited to the use of goods without right or imitated or the use of trademarks of others or non-compliance with the standards of quality and safety approved and applicable and the extraction of permits and approvals necessary for the manufacture of the product according to local laws in Kuwait and any other country where products are displayed, or differ from the supply and other violations.
- Noshka does not confirm in any way the components or quality of any products or that the Competent Company complies with the applicable laws and regulations for the manufacture of their products as this responsibility rests with the Competent Company alone. Customers are liable to seek the information available on the Platform and Noshka is not liable for any information provided by competent companies.
- Noshka will not be bound or liable for any products provided by the Competent Company that are unhealthy, cause injury or are unacceptable to users, or that do not meet customer expectations in any way.
- Upon completion of the operation, you will be communicating to follow the process and confirm the final request.
- If the sale cannot be confirmed in all or part of your order is met, you will be contacted directly and be offered alternatives that suit your needs if desired.
- Prices offered for the product or service on the Platform are from the Competent Company and specified in Kuwaiti Dinars or corresponding currencies and according to the sale price specified in each country.
- The prices of the products do not include local or external delivery fees or the value of taxes if any in some countries and are added to the detailed final receipt when the order is executed by the Platform.
- Local or external delivery charges depend on the area to be delivered to where these charges are determined at the end of the execution process.
- Noshka has the right, without prior notification, to change the price or prices of any or all services and products displayed on the Platform.
- Some competent companies offer a special discount by coupons, discount code or any other method specified by the Competent Company or Noshka for the customers of the Platform and the price mentioned is the price offered before the discount and the discount is offered after the final confirmation of the order unless otherwise specified.
- If there is a discount on the product by the Competent Company, the price will be clarified before and after the discount.
- Noshka has the right to provide offers and gifts to customers according to the terms it sees when they use the Platform.
- Execution of operations:
- Sales and purchases of goods and products are carried out immediately (online) so that the price is paid in cash or through K-net or credit cards.
- The goods and products purchased by the customer are delivered to the specified address within a reasonable period of time. The customer will be allowed to examine the product when delivered to him.
- If Noshka is unable to make a delivery due to a high number of deliveries on the required day, another day will be set at a time commensurate with the customer.
- The sale is made as soon as the customer receives the product that Noshka was authorized to buy and deliver to his account.
- Goods and products are delivered to the specified addresses of customers and the delivery is made for a fee included in the final price of the product.
- If the product sold does not conform to the declared specifications, it will be returned with the delivery agent, the price is to be credited, if it has been paid, in the customer's account and shall have a balance that he can use in other purchases by means of the Platform and in accordance with the policies and procedures followed by Noshka.
- Noshka is keen to provide the best service to its customers in order to facilitate the process of communication and contracting with the Competent Company but does not guarantee any of the prices or procedures of execution or dealing with the Competent Company.
- If the customer refuses to receive the product and has no reasons to support this refusal, the customer is obliged to pay the delivery fee in both directions (round trip).
- We will not accept the return of any product whose cover has been opened even if it has not been used.
- When your order is accepted, and if you choose to pay by Credit Card or prepayment through the Platform, the transaction will then be executed through Noshka as an intermediary between you and the Competent Company and the required amount of money will be withdrawn from your account immediately upon the completion of the purchase. If the source of your card does not complete the financial transaction for any reason, we will not be able to prepare your order and process it for delivery, and will not bear any delays resulting from this event.
- During the ordering process, Noshka should be provided with full personal data including name, phone, delivery address and intended to be the recipient's address with any other data or notes, if any.
- The order is confirmed once the purchase process is completed through the Platform, unless the customer is notified otherwise during a seven (7) working days period by e-mail or phone call, before the process of determining your order, please review the terms and conditions.
- By clicking on the "Confirm or Execution" button at the end of the ordering process, the client acknowledges that he agrees to abide by the terms and conditions set out herein and appear any another place on the platform.
- Through this website we use SSL encryption technology to ensure that payment card details, credit cards and personal information are protected during payment, and this technology is one of the best standard methods adopted in this field. However, we disclaim our moral and material responsibility for the violation of such information by any third party that is not authorized to do so.
- Noshka will not obtain any bank statements of the customer and will not be responsible for them and Noshka will not save your bank card data.
- Product prices do not include local or external delivery fees and are shown independently on the Platform and added to the final receipt when the order is carried out on the Platform.
- Some selected products may not be available for delivery to regions. As far as possible, we will notify you of these restrictions shortly before your order is specified or shortly after your request.
- The intended delivery date for your order will be confirmed in an email confirming your order or a direct telephone call.
- To avoid any obstacles or a delay in delivery, please ensure that you have provided complete and accurate data for the intended recipient's address and phone number together with your phone number, so that we can notify you in case of delivery issues.
- In case of any difficulties in delivering order to the intended recipient, we reserve the right to contact the recipient using the contact details you provide at the time your order is specified.
- If the customer does not present at the address specified in the order, the products ordered by the customer will not be delivered anywhere else. In this case, the customer must accept all legal liabilities arising from ordering products to an address where he does not reside.
- Noshka disclaims any liability for delay in delivery or non-delivery caused by force majeure
- Product’s Return
- The sold goods are not refunded or exchanged.
- Trademarks and intellectual property.
- It is known that the Platform is just an electronic intermediary between the customer and the Competent Company and therefore Noshka will not be liable for any violations of the law that may have been committed by the Competent Company as well as the latter is responsible for all products displayed on the Platform and is responsible for any violation for intellectual property rights or the misuse of trademarks or the use of counterfeit products or the use of products unjustly and it is the responsibility of the Competent Company. Noshka waived any and all responsibility and is not liable for misconduct carried by such competent companies.
- Any complaints regarding any trademark displayed on the Platform by the owner of the trade mark owners or the owners of the rights of using it in relation to the infringement of their rights or violating them under an official written letter should be sent to the e-mail [email protected], and to make the right to take the action that you deem appropriate and according to the documents submitted without the slightest responsibility for it.
- If a breach is found or infringe dissonance from one of the competent companies on the rights of intellectual property and the trademarks of others, Noshka has the full right of deletion of the products of the infringer without giving reasons with the right to take the necessary legal actions to protect its rights.
- Links and Advertisements
- The Platform may offer links to other websites. Some of these websites may be affiliated with Noshka while others are not. Noshka is not responsible for the contents of any web pages that have been created and maintained by institutions independent of Noshka. Visiting any third-party website pages is the customer's own responsibility. Noshka has no control over the pages of the other websites, nor can guarantee the accuracy, or timing of the information contained in the pages of third parties' websites. Your use of this information and your reliance on this information should be done only after an independent review. References to commercial products or services within any of the pages of the sites of others mentioned do not constitute or imply Noshka consent. By using the Platform, it acknowledges that Noshka is not responsible for the availability of other sites or content located in or across any other site pages.
- Liability Limits
- Noshka does not provide any assurance or guarantee of any kind, explicit or implied, regarding the availability of this Platform, or that it will be error-free, that the defects will be corrected, or that the Platform or server it provides is free of viruses or other harmful components.
- Subject to the previous paragraph, Noshka or its directors, officials, agents and employees have no liability for any direct or indirect losses or damages arising from the contract, or any default or otherwise the use or inability to use this Platform.
- Contact details of Platform
- In case of a customer complaint being addressed by phone or by e-mail specified under clause 8.2, such compliant will not be accepted if it is submitted after an estimated time period of fourteen (14) days from the date of receipt of the product.
- To help us resolve any complaints quickly and to investigate it, we advise you to file a complaint on the same day as your booking or request.
- We agree to make every reasonable effort to ensure that the Platform operates fully and error-free, we cannot guarantee this, and therefore, we do not accept any liability for any defects and/or disruptions on the Platform and therefore we are discharged from our obligations under these terms and conditions in the event of any act outside our control which hinders work or make the provision of the Platform impossible or impractical.
- Noshka may at any time and unilaterally terminate this agreement with you.
- Law and jurisdiction
- These terms and conditions are subject to and are interpreted in accordance with the relevant laws applicable within the State of Kuwait. Emerging disputes relating to these terms and condition will be subject to the jurisdiction of Kuwaiti courts.
- Splitting ability
- In the event that any provision of these terms and conditions are deemed invalid, or unenforceable for any reason, this provision shall not affect the validity and effectiveness of the remaining provisions of these terms and conditions and in such event that the part will be deemed to be in a consistent manner with applicable laws to reflect as soon as possible the original intentions of the parties and the remaining parts remain fully in force in accordance with applicable laws. No assignment from our part will be interpreted as an assignment of any previous violation or a post-judgment.
- General Provisions
- Noshka retains the right in completing or modifying the terms and conditions that you are authorized to view on the Platform from time to time without prior notice. Noshka will display any changes on the Platform, and you are responsible as a customer for reviewing the terms and conditions every time you visit the Platform. The changes will take effect immediately after any change has been made and all subsequent transactions between you and us will take place on the new terms and conditions.
- In addition, we reserve the right to stop, restrict or terminate access to the Platform at any time.
- Noshka has the right in claiming compensation if your use of our Platform is offensive to the Platform's functions or operations, its reputation, or to its customers and personal data, whether the abuse is the result of intentional or unintentional action.
- It is the customer’s responsibility to update/modify his data, at its own charge. Accordingly, Noshka is and will not be liable for any financial errors or financial losses suffered by the customer in using his old or false data.