1. Introduction
Welcome to SUQAQ.COM. These
are the terms and conditions governing your access to and use of the website SUQAQ.COM
and its related sites, services and tools (the "Site"). By accepting
these terms and conditions (including the linked information herein), and by
using the Site, you represent that you agree to comply with these terms and
conditions with SUQAQ.COM ("we", "us" or "SUQAQ.COM")
in relation to your use of the Site (the "User Agreement"). This User
Agreement is effective upon acceptance. If you do not agree to be bound by this
User Agreement please do not access, register with or use this Site.
Before you may become or
continue as a member of the Site, you must read, agree with and accept this
User Agreement and SUQAQ.COM's Privacy Policy (the "Privacy Policy").
You should read this User Agreement and the Privacy Policy and access and read
all further linked information referred to in this User Agreement, as such
information contains further terms and conditions that apply to you as a user
of SUQAQ.COM. Such linked information including but not limited to the Privacy
Policy is hereby incorporated by reference into this User Agreement.
2. Eligibility for Membership
SUQAQ.COM wishes to ensure
that its members are able to form legally binding contracts and further that
minors do not purchase unsuitable content. Therefore membership of the Site is
not available to persons under the age of 18 years. You represent that you are
18 years of age or over the age of 18 years before you become a member of the
Site. Without prejudice to any other rights and remedies of SUQAQ.COM under
this User Agreement or at law, SUQAQ.COM reserves the right to limit or
withdraw access to the Site or the membership of any person if SUQAQ.COM believes
that person is under the age of 18 years. The Site is not available to persons
whose membership has been suspended or withdrawn by SUQAQ.COM. Further, if you
are registering as a business entity, you represent that you have the authority
to bind that entity to this User Agreement and that you and the business entity
will comply with all applicable laws relating to online trading. No person or
business entity may register as a member of the Site more than once.
3. Your Account and Registration Obligations
When you register as a member
of the Site you have been or will be required to provide certain information
and register a username and password for use on this Site.
On
becoming a member of the Site, you agree:
You are responsible for
maintaining the confidentiality of, and restricting access to and use of, your
account and password, and accept responsibility for all activities that occur
under your account and password. You agree to immediately notify SUQAQ.COM of
any unauthorized use of your password or account or any other breach of
security. In no event will SUQAQ.COM be liable for any direct, indirect or
consequential loss or loss of profits, good will or damage whatsoever resulting
from the disclosure of your username and/or password. You may not use another
person's account at any time, without the express permission of the account
holder. You agree to reimburse SUQAQ.COM for any improper, unauthorized or
illegal use of your account by you or by any person obtaining access to the
Site, services or otherwise by using your designated username and password,
whether or not you authorized such access.
You will provide true,
accurate, current and complete information about yourself as prompted by SUQAQ.COM's
registration form (the "Registration Data").
You will not include: the
word "Boutiqaat" in your registration user ID.
You will maintain and
promptly update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not
current or incomplete or if SUQAQ.COM has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, or not in
accordance with this User Agreement, without prejudice to any other rights and
remedies of SUQAQ.COM under this User Agreement or at law, SUQAQ.COM has the
right to indefinitely suspend, limit or withdraw your access to the Site and/or
your membership of the Site.
SUQAQ.COM may (in its sole
discretion and at any time), make any inquiries it considers necessary (whether
directly or through a third party), and request that you provide it with
further information or documentation, including without limitation to verify
your identity and/or ownership of your financial instruments. Without limiting
the foregoing, if you are a business entity or registered on behalf of a
business entity such information or documentation may include your trade
license, other incorporation documents and/or documentation showing any
person's authority to act on your behalf. You agree to provide any information
and/or documentation to SUQAQ.COM upon such requests. You acknowledge and agree
that if you do not, SUQAQ.COM without liability may limit, suspend or withdraw
your access to the Site and/or your membership of the Site. We also reserve the
right to cancel unconfirmed / unverified accounts or accounts that have been
inactive for a long time.
4. Electronic Communications
You agree that we may
communicate with you by email or by posting notices on the Site. You agree that
all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be
in writing. SUQAQ.COM requires your agreement during the registration process
to send you promotional emails to let you know about any new changes, features
or promotional activities added to the Site. If, at any time, you decide that
you do not wish to receive promotional emails, you can opt out of receiving
such promotional emails by clicking on the link at the bottom of any
promotional email.
5. Amendments to this User Agreement
You acknowledge and agree
that SUQAQ.COM shall endeavour to give you notice for any amendment to this
User Agreement that materially increases your obligations or decreases your
rights under the User Agreement ("Substantial Amendment") in
accordance with the terms of this User Agreement. You acknowledge and agree
that SUQAQ.COM at its sole discretion and without liability may make amendments
that are not Substantial Amendments without your further specific agreement at
any time with immediate effect by posting a notice of the amendment on the
Site.
6. Fees and Services
SUQAQ.COM is not an auction
house nor a bank, and does not offer auction or banking services. The Site is
an online platform allowing for the sale and purchase of items between end-user
sellers and buyers.
Membership on the Site is
free. SUQAQ.COM does not charge any fee for browsing.
SUQAQ.COM may choose to
temporarily change the fees for our services for promotional events (for
example, free shipping days) or new services, and such temporary changes are
effective in accordance with their terms when we post them on the Site.
Unless otherwise stated, all
fees shall be quoted in your country's currency. You must pay all fees payable
to SUQAQ.COM (and any applicable taxes or charges) within 30 days of the date
of any invoice to you from SUQAQ.COM with a valid payment method as set out in
our Fees & Credit Policy .
7. Your Information
You grant SUQAQ.COM the right
to use any information or material, personal or otherwise, that you provide to
us or other users of the Site and/or post on the Site in the registration or
selling process, in the feedback area or through any e-mail or by way of any
other feature or use of the Site (the "Information") for the purposes
of operating and promoting the Site in accordance with this User Agreement and
the Privacy Policy .
8. Use of the Site
By accepting the Terms you
confirm that all information and details provided by you to us (including on
registration) are true, accurate and up to date in all respects and at all
times.
You agree that in using the
Website you will not:
1. Use the Website in any way
that causes, or is likely to cause the site or access to the site to be
interrupted, damaged, or impaired in any way.
2. Use the Website for
criminal, fraudulent or illegal activity or in any manner which would cause
harm or distress to any third party.
3. We reserve the right to
suspend, restrict or terminate your access to the Website at any time without
notice if we have reasonable grounds to believe that you have breached any of
these restrictions or if we suspect fraudulent account activity or behavior.
This shall not limit our right to take any other action against you that we
consider appropriate.
9. Copyright
All content included on the
Site, including but not limited to text, graphics, logos, button icons, images,
audio clips, digital downloads, data compilations and software, is the property
and copyright work of either SUQAQ.COM, its users, its content suppliers or its
licensors and is protected by copyright, trademarks, patents or other
intellectual property rights and laws. The compilation of the content on the
Site is the exclusive property and copyright of SUQAQ.COM and is protected by
copyright, trademarks, patents or other intellectual property rights and laws.
10. Trademarks
"SUQAQ.COM" and
related logos, and other words and logos on the Site are either unregistered
trademarks or registered trademarks of SUQAQ.COM and are protected by
international trademark and other intellectual property rights and laws. SUQAQ.COM's
trademarks may not be used in connection with any product or service that is
not SUQAQ.COM's nor in any manner that disparages or discredits SUQAQ.COM. All
other trademarks not owned by SUQAQ.COM that appear on the Site are the
property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by SUQAQ.COM.
11. Abusing SUQAQ.COM
Please report problems of any
kind or violations of this User Agreement to SUQAQ.COM. If you believe that
your intellectual property rights have been violated, please notify SUQAQ.COM.
Without prejudice to any other rights and remedies of SUQAQ.COM under this User
Agreement or at law, SUQAQ.COM may limit, suspend or withdraw a user's access
to the Site and/or a user's membership of the Site or remove hosted content.
Also SUQAQ.COM can choose to take other technical and/or legal steps against
users who create problems or possible legal liabilities of any kind, who
infringe the intellectual property rights of third parties or who act
inconsistently with this User Agreement or our policies.
12. Buyer Protection
SUQAQ.COM has a "Buyer
Protection Program" which seeks to assist buyers to ensure their purchase
is protected against fraud. If a buyer has purchased an item by way of any of
the Suqaq Safe Pay processes and never received it or received an item worth
significantly less in value compared to what was described by SUQAQ.COM, the
buyer may seek protection under the Buyer Protection Program. The Buyer
Protection Program involves reimbursement by SUQAQ.COM to the buyer of the
value of the item only. To be eligible under the Buyer Protection Program a
buyer needs to file a complaint with SUQAQ.COM within 48 hours of receiving (or
not receiving) the relevant item. SUQAQ.COM will investigate the matter and if
it has been determined (by SUQAQ.COM in its sole discretion) that the seller
has intentionally defrauded the buyer in relation to the item for which SUQAQ.COM
has reimbursed the buyer, SUQAQ.COM may limit, suspend or withdraw the seller's
access to the Site and/or the seller's membership and SUQAQ.COM may charge the
seller for SUQAQ.COM's costs in reimbursing the buyer and for any handling and
shipping (in accordance with the Fees & Credit Policy . SUQAQ.COM reserves
the right to take such further steps as it considers necessary including
without limitation legal action. You acknowledge and agree that if any item
returned to SUQAQ.COM by a buyer is illegal or otherwise unlawful that SUQAQ.COM
may in its sole discretion destroy the item or take any other steps as it
considers necessary.
Shipping fees for returned
Items :
1)
Return item due to SUQAQ.COM
fault (Item is not as described – item defective - incomplete ... etc.)
A) If the buyer claimed
within 2 Days of the date of delivery
1. Complete the "Return
form" enclosed in your original order and place it inside the return
package. Pack and seal your return merchandise securely (in the original package).
2. Call us on +965 22288400
and request for a return date and confirm on the pickup location. You will be
then given a time at which one of our delivery team member will pick the
package from you.
3. Your return will be
processed promptly upon arrival, and we will send you a confirmation by email.
Please allow 2-3 weeks from the shipping date for your account to be credited.
Once received, return
packages are processed within 24 hours. The time to post a credit to your
account can vary and is determined by the issuing bank. Please contact the
issuing bank for details.
When an exchange is
requested, it is completed in two steps:
1) A store credit is issued
for the item(s) returned.
2) A new order is processed
for the item(s) requested in exchange.
B) If the buyer claimed after
the 2 Days of the date of delivery ( *Only if returned approved )
-Buyer pays the Delivery and
Shipment Fees
2)
Return item due to Buyer's Fault (* Item in the original state & condition
when purchased and received.)
In this case SUQAQ.COM don't
accept to return or exchange products due to hygienic reasons.
13. Platform for Communication
In
particular:
1. SUQAQ.COM is not
responsible for unsatisfactory or delayed performance, losses, damages or
delays as a result of items which are unavailable.
2. SUQAQ.COM does not make
any representation or warranty as to the attributes (including but not limited
to quality, worth or marketability) of the items proposed to be sold or
purchased on the Site. In particular, SUQAQ.COM does not implicitly or
explicitly support or endorse the sale or purchase of any items on the Site,
nor is SUQAQ.COM a supplier or manufacturer of any items sold by users or
purchased by users.
SUQAQ.COM does not make any
representation or warranty as to the attributes (including but not limited to
legal title, creditworthiness, or identity) of any of its users.
3. Users shall independently
agree upon the manner and terms and conditions of delivery, payment, and
insurance as between each other and SUQAQ.COM holds no responsibility in
respect of such arrangements.
4. SUQAQ.COM accepts no
liability for any errors or omissions on behalf of third parties.
5. SUQAQ.COM excludes all
implied warranties, terms and conditions and is not liable for any loss of
money, goodwill or reputation, or any special, indirect or consequential
damages arising directly or indirectly, out of your use of or your inability to
use the Site.
14. Privacy
SUQAQ.COM takes reasonable
measures (physical, organizational and technological) to safeguard against
unauthorized access to your personally identifiable information and to safely
store your personally identifiable information. However, the Internet is not a
secure medium and the privacy of your personal information can never be
guaranteed. SUQAQ.COM has no control over the practices of third parties (e.g.
website links to this Site or third parties who misrepresent themselves as you
or someone else). You agree that SUQAQ.COM may process your personal
information that you provide to it for the purposes of providing the services
on SUQAQ.COM and for sending marketing communications to you, and that the
Privacy Policy of this Site governs our collection, processing, use and any
transfer of your personally identifiable information.
15. Breach of User Agreement
Without prejudice to any
other rights and remedies of SUQAQ.COM under this User Agreement or at law or
otherwise, SUQAQ.COM may immediately and without liability: limit your
activity, limit or withdraw your membership, and/or limit or
withdraw
your access to the Site:
If you breach this User
Agreement;
If SUQAQ.COM is unable to
verify or authenticate any information you provide; or
If SUQAQ.COM believes (in its
sole discretion) that your actions may cause legal liability for you, other
users or SUQAQ.COM.
SUQAQ.COM may at any time at
its sole discretion reinstate suspended users. A user that has been
indefinitely suspended or had their membership withdrawn may not register or
attempt to register with SUQAQ.COM or use the Site in any manner whatsoever
until such time that such user is reinstated by SUQAQ.COM. Notwithstanding the
foregoing, if you breach this User Agreement SUQAQ.COM reserves the right to
recover any amounts due and owing by you to SUQAQ.COM or any losses and damages
caused by you to SUQAQ.COM and to take such steps including legal action and/or
the initiation of criminal proceedings against you as SUQAQ.COM in its sole
discretion deems necessary. Our failure to act with respect to a breach by you
or others does not constitute a waiver of SUQAQ.COM's right to take any actions
with respect to that, or subsequent or similar breaches. SUQAQ.COM does not
guarantee that it will take action against all breaches that there may be of
this User Agreement.
16. Withdrawal of Access and/or Membership
Without prejudice to any
other rights and remedies of SUQAQ.COM under this User Agreement or at law or
otherwise, SUQAQ.COM may limit, suspend or withdraw your membership and / or
your access to the Site at any time, without notice, for any reason, including
without limitation, breach of this User Agreement.
17. No Warranty
SUQAQ.COM provides the Site
and its services on an "as is" and "as available" basis
without any representation or endorsement made and without any warranty or
guarantee of any kind whether express or implied, including but not limited to
warranties of title, merchantability, fitness for a particular purpose,
compatibility, security, accuracy and non-infringement. SUQAQ.COM makes no
representations or warranties about the accuracy, reliability, or completeness
of any content, information, software, text, graphics, links or communications
provided on or through the use of the Site or that the operation of the Site
will be error free and/or uninterrupted. SUQAQ.COM makes no warranty that
defects will be corrected or that the Site or its servers are free of viruses
or anything else which may be harmful or destructive. The nature of Internet
communications means that this Site may be susceptible to data corruption,
interception, non-availability and delays. The Site may also be unavailable
from time to time due to repairs, maintenance or development work. You agree
that SUQAQ.COM has no obligation to provide support for the Site. You expressly
agree that you use the Site at your own risk.
18. Limitation of Liabilities
To the extent permitted by
law, SUQAQ.COM, its officers, employees, agents, affiliates and suppliers shall
not be liable for any loss or damage whatsoever whether direct, indirect,
incidental, special, consequential or exemplary, including but not limited to,
losses or damages for loss of profits, goodwill, business, opportunity, data or
other intangible losses arising out of or in connection with your use of the
Site, its services or this User Agreement (however arising, including
negligence or otherwise and whether or not SUQAQ.COM has been advised of the
possibility of such losses or damages).
If you are dissatisfied with
the Site or any content or materials on it, your sole exclusive remedy is to
discontinue your use of it. Further, you agree that any unauthorized use of the
Site and its services as a result of your negligent act or omission would
result in irreparable injury to SUQAQ.COM and SUQAQ.COM shall treat any such
unauthorized use as subject to the terms and conditions of this User Agreement.
19. Indemnity
You agree to indemnify and
hold SUQAQ.COM and its affiliates, officers, employees, agents and suppliers
harmless from any and all claims, demands, actions, proceedings, losses,
liabilities, damages, costs, expenses (including reasonable legal costs and
expenses), howsoever suffered or incurred due to or arising out of your breach
of this User Agreement, or your violation of any law or the rights of a third
party.
20. Relationship and Notice
None of the provisions of
this User Agreement shall be deemed to constitute a partnership or agency
between you and SUQAQ.COM and you shall have no authority to bind SUQAQ.COM in
any manner whatsoever.
21. Disputes
If any dispute, claim,
controversy or difference (including in relation to any tortuous or statutory
claim) ("Dispute") arises out of or in connection with or in relation
to this User Agreement, including (without limitation) any question regarding
the formation, existence, scope, performance, interpretation, validity or
termination of this User Agreement or this clause, or any question regarding
the legal relationships established by this User Agreement or the consequences
of its nullity, then the parties shall first attempt amicably to settle the
Dispute through good-faith negotiations over a period of thirty (30) calendar
days commencing on the date that a party first sends to the other party a
written notice of the Dispute.
22. Transfer of Rights and Obligations
You hereby grant SUQAQ.COM
the right to, and irrevocably acknowledge and agree that SUQAQ.COM may at any
time, transfer all or any part of its rights, benefits, obligations or
liabilities (whether express or assumed) under this User Agreement to any of
its affiliates without requiring your further specific agreement. SUQAQ.COM
agrees to use all reasonable endeavors to provide notice to you of any transfer
by way of a posting on the Site. You may not at any time, without the prior
written consent of SUQAQ.COM, transfer all or any part of your rights,
benefits, obligations or liabilities (whether express or assumed) under this
User Agreement without the prior written consent of SUQAQ.COM.
23. General
If any clause of this User
Agreement shall be deemed invalid, void or for any reason unenforceable, such
clause shall be deemed severable and shall not affect the validity and
enforceability of the remaining clauses of this User Agreement. This User
Agreement (as amended from time to time in accordance with the terms of this
User Agreement) sets forth the entire understanding and agreement between you
and SUQAQ.COM with respect to the subject matter hereof.
No person who is not a party
to this User Agreement shall have any right to enforce any term of this User
Agreement. If this User Agreement is translated into any language other than
English, whether on the Site or otherwise, the English text shall prevail.
24. Governing Law
This User Agreement is
governed by, and construed in accordance with, Kuwait law. This clause will
survive any expiry or cancellation of this User Agreement for any reason.