General Conditions of Sale
Terms and conditions
We invite you to review the general conditions of sale (hereinafter, “General Conditions of Sale”) that regulate the conditions governing the use of this Website and the purchase or acquisition of products from through the website www.wellisairkw.com (the “Website”). In this sense, the use of this Website constitutes, in what is applicable, your acceptance of these general conditions of sale. However, if you have any questions about them, you can contact our Customer Service at email@example.com
These general conditions have been prepared in accordance with the provisions of Laws & regulations of the Chambers of Trade & Commerce in the State of Kuwait, the General Law for the Defense of Consumers and Users and other complementary laws is approved.
ARTICLE 1. GENERAL AND CONTACT INFORMATION
The ownership of this Website www.wellisairkw.com is held by CCC Power System General Trading & Contracting Company, Kuwait, Wellis Air Branch and whose contact details are:
– Registered office: 10, Mezzanine M Square Mirqab, Kuwait
– Telephone contact: 00965- 99231359
– Contact emails: firstname.lastname@example.org
ARTICLE 2. OBJECT
The purpose of these Terms and Conditions is, on the one hand, to inform potential buyers of the conditions and modalities in which wellisairkw.com proceeds to the sale and delivery of the products requested and, on the other, to define the rights and obligations of the parties within the framework of the sale of products by wellisairkw.com to the customer (hereinafter, the “Buyer”). These Terms and Conditions will apply, without restriction or reservation, to all sales of products that wellisairkw.com offers through the Website.
Consequently, the fact of placing an order for products offered for sale on the website of wellisairkw.com implies for the Buyer the full and total acceptance of these Terms and Conditions, the knowledge of which prior to placing the order is acknowledged by the Buyer.
wellisairkw.com reserves the right to unilaterally modify these Terms and Conditions at any time. However, the GCS applicable to the Order will be those that the Buyer has accepted at the time of placing the Order.
ARTICLE 3 – FORMALIZATION OF THE CONTRACT AND ORDERS
The sale price, indicated in Kuwaiti Dinars, of the products offered on the website of wellisairkw.com will be the price in force at the time of placing the order (hereinafter, “Order.” An Order is understood as that which is described in the point 3.4). The sale price of the products that appears on the Website may at any time be modified by wellisairkw.com, the price that will apply to the purchase being the one that appears on the screen at the time of placing the Order. This price will be the one applicable within the framework of distance selling.
The price does not include delivery costs, which will be invoiced as a supplement to the price of the products purchased or free of charge (if applicable). The delivery costs will be indicated before the Buyer registers the Order. The different delivery and shipping methods are established in section 5.1 of these Terms and Conditions and will be recorded on the Website; The shipping methods may at any time be modified by wellisairkw.com. Therefore, wellisairkw.com recommends that buyers periodically consult the Terms and Conditions that appear on the Website.
3.2 Characteristics of the products
The Buyer may select one or more products from the different categories offered by wellisairkw.com on the Website.
Without prejudice to the Orders placed by the Buyer, wellisairkw.com may at any time modify the assortment of products offered for sale on the Website, especially as a result of restrictions linked to its suppliers.
In accordance with the applicable regulations, the Buyer will have the possibility, prior to the Order, of knowing on the website of wellisairkw.com the fundamental characteristics of the products that he/she wishes to acquire.
The products will meet the requirements of current Kuwaiti trade legislation. wellisairkw.com will not assume any responsibility in the event of non-compliance with the legislation of the country other than Kuwait where the product is to be delivered.
For any questions related to the products or for additional questions or requests for advice, the Buyer can contact the team of Advisors at wellisairkw.com by calling the Customer Service at +965 99231359 from Kuwait or contacting email@example.com.
The products displayed on the Website will be valid as long as they remain advertised on it and, in any case, until the end of stocks. In the case of products that are not in our warehouses, the validity of the offers presented by wellisairkw.com will be subject to the availability of the products. At the time of placing the Order, it will offer the Buyer information that, in principle, there is on the availability of the products. Since this information comes directly from our suppliers, exceptionally errors or modifications may occur, the Buyer not having the real information until the time of purchase.
In any case, in the event of total or partial absence of availability of the products after placing the Order, the Buyer will be informed by email, as soon as possible, of the absence of availability of the product and the cancellation total or partial of your Order.
In case of total cancellation of the Order:
– The Buyer’s Order will be automatically cancelled and if he had not made the payment, no charge will be made against his bank account.
– The wellisairkw.com Customer Service will contact the Buyer to inform him of the cancellation of his Order and offer him the possibility of renewing the Order, with the exception of the product not available.
– In the event that the payment has already been made, the order may be cancelled as long as it has not left the wellisairkw.com facilities, in this case the total amount of the order will be reimbursed to the Buyer as soon as possible. In case the order is already prepared, the buyer should refuse the delivery and bear the shipping/delivery costs.
– The wellisairkw.com Customer Service will contact the Buyer to inform him of the cancellation of his Order and to offer him the possibility of renewing the Order.
In case of partial cancellation of the Order:
– The Buyer’s Order will be validated and the full amount of the Order will be charged to his bank account.
– The available products will be delivered to the Buyer.
The Buyer will be able to check the details of his Order and correct any errors.
As of the moment in which the Buyer confirms his Order by clicking on the icon «Confirm and pay» (hereinafter, the “Order”), it will be considered that he has knowingly accepted the content and conditions of the Order in question and, in specifically, these General Conditions of Sale, the fact that your Order implies an obligation to pay, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and requested by the Buyer.
Once this phase has been validated and the order prepared, the Buyer will no longer be able to cancel his Order. The sale will be final (subject to the exercise by the Buyer of his right of withdrawal under the conditions provided in article 6 of these General Conditions of Sale). The Order will be confirmed by wellisairkw.com by sending an email to the Buyer (the “Order confirmation email”).
A phone call will be made to the Buyer at the time of dispatch of his Order.
Wellisairkw.com recommends that the Buyer calls +965 99231359 at any time to follow up with order stats. The Buyer is informed of order via phone and can track order status till it is delivered from time of placing the Order.
On the other hand, wellisairkw.com does NOT assume any responsibility in case of technical errors. In the case of products without availability. However, the Buyer may exercise his right of withdrawal if product is not delivered in 5 days from time of Order.
Once the amount of the Order has been collected, an invoice will be sent, if requested by the Buyer, with its electronic invoice.
In accordance with the applicable regulations, wellisairkw.com reserves the right to refuse or cancel for legitimate cause any Order in which the number of products or the amount to be paid (for a single order or for several accumulated orders) or other elements manifest in a way that evidences the development by the Buyer of an economic activity related to the products requested or, in general, any abnormal Order in accordance with the case law applicable to the case.
Finally, wellisairkw.com reserves the right to suspend or cancel the execution and / or delivery of an Order, regardless of its nature and degree of execution, in the event of non-payment or partial payment of the amounts owed by the Buyer, in case of incidents in the payment or in case of fraud, consummated or in a degree of attempt, related to the use of the wellisairkw.com Website, including fraud committed as a result of previous Orders.
ARTICLE 4 – PAYMENT
4.1 Payment methods – Bank cards
The means of payment through which you can buy on the Website are KNET.
The bank cards accepted on the website of wellisairkw.com are the following: Visa
All bank card holders are subject to validation and authorization checks by the card issuer. If the issuer of the buyer’s payment card denies, or for any reason does not authorize the payment in our favor, either before or after a payment, we will not be liable for any delay or non-delivery.
4.2 Payment methods
All Orders must be paid in Kuwaiti Dinars, including all mandatory duties. Bank costs will be borne, where appropriate, by the Buyer (including the assumption of reimbursement).
4.3 Security in payment operations
In order to guarantee the security of payments made by bank card, the Buyer must make an online payment or cash upon delivery to place an order.
Within the framework of the fight against fraud on the Internet, the data relating to the Buyer’s Order may be communicated to third parties authorized by law or designated by wellisairkw.com, for the sole purpose of verifying the identity of the Buyer, as well as the validity of the Order, the means of payment used and the expected delivery.
ARTICLE 5 – DELIVERY AND RECEPTION
5.1 General provisions
The products requested by the Buyer in accordance with the provisions of these Terms and Conditions may be delivered or collected, at the Buyer’s choice, as follows:
– At the address that the Buyer has indicated as the delivery address for the corresponding Order (hereinafter, “Delivery Address”). wellisairkw.com only makes deliveries in Kuwait. The Buyer or the recipient of the Order will receive the products through the transport company chosen by wellisairkw.com, having to sign an electronic acknowledgment of receipt. The receipt will serve as proof of delivery of the Order by wellisairkw.com
– If the Buyer of the Order is absent from the address provided at the time of delivery, the transport company will try to deliver the package again the next business day, after having duly informed the recipient of the incident by SMS, email and / or an arrival notice in the postal box.
– In the event that the recipient is absent a second time from the address provided during the purchase process, the buyer or recipient of the Order will receive an arrival notice, an email and / or an SMS, informing that their Order will be available. so that you can pick it up during the following 15 days at the headquarters of the corresponding transport company
– If within 15 days after counting from the second unsuccessful delivery attempt, the package will be returned to wellisairkw.com and the money reimbursed to the Buyer, by any means of payment, according to the choice of wellisairkw.com, return costs previously deducted.
– No claim related to delivery will be accepted when the package appears as delivered, for which purpose the carrier’s computer (identification) system will be reliable.
5.1.1 Shipping cost of the Order
Orders will have no shipping cost if they are greater than 1 device 1 cartridge (KWD 195) Kuwaiti Dinars, in case of orders less than that amount, the cost of shipping will be determined at the time of the purchase summary.
5.2 Anomalies, damages or damaged packages
5.2.1 General provisions and Refund Policy
The Buyer, or the recipient of the Order, is recommended to check the external condition of the package and the products at the time of delivery.
In the event of an anomaly related to the package (damaged package, open package, liquid residues, etc.) or related to the ordered product (s) (missing product (s), damaged product (s)), the Buyer must imperatively follow the corresponding procedure, from among those described below (in articles 5.3.2 and 5.3.3 of these General Conditions of Sale), to the status of the Order. Failure to comply with the proper procedure will exclude the possibility of appeal against the carrier and against welliskw.com. Specifically, the Buyer may not demand any refund. The Buyer, or the recipient of the Order, may not demand from wellisairkw.com the replacement of the products ordered.
Likewise, the Buyer or the recipient of the Order will have the possibility of calling the Customer Service of wellisairkw.com to find out the modalities for the return of the damaged product (s). The Buyer will be in this case obliged to follow the procedure for the return of damaged products that has been indicated by the wellisairkw.com Customer Service. Otherwise, the Buyer may not demand a refund or replacement of the affected products.
5.2.2 Obligatory procedures in case of damaged package
In the event of an incident found in the presence of the transport company:
– Refuse the delivery and highlight the incident clearly and in detail.
– Indicate the reason for the rejection of the delivery in the Customer Service wellisairkw.com or by contacting 00965 99231359
In the event of incidents found without the presence of the transport company:
Report the anomaly to the wellisairkw.com Customer Service through the following means:
– Email: firstname.lastname@example.org
– Telephone: +965 99231359
The notification of incidents and the formulation of claims must be made as soon as possible and, in any case, within 3 business days from the delivery of the product.
5.2.3 Mandatory procedures in case of missing or damaged product.
The Buyer must notify the absence or degradation of the product to the Customer Service of wellisairkw.com through the means specified in the previous section. The wellisairkw.com Customer Service may request any information related to the identity of the Buyer or recipient of the Order and proceed to whatever verifications are necessary for the case.
5.3 Delivery times
The delivery times begin to count from the sending of the order confirmation email or call to confirm order delivery, except for payments by bank transfer that would begin to count from the receipt of the transfer by wellisairkw.com and will be those that are communicated to the buyer before making and confirming the purchase.
In the event that delivery times are exceeded for any reason other than force majeure, the Buyer will have the possibility to cancel his Order.
ARTICLE 6 – RIGHTS AND TERM OF WITHDRAWAL
6.1. Right and legal withdrawal period
6.1.1. Term for the exercise of the right of legal withdrawal
In accordance with the applicable regulations, the Buyer has a period of FOURTEEN (14) days, from the date of receipt of the Order, to exercise his legal right of withdrawal with giving valid reasons for decision of cancelling order.
6.1.2. Products excluded from the right of legal withdrawal
In accordance with the applicable regulations, the legal right of withdrawal may not be exercised in the case of Orders relating to:
– The supply of articles that had been unsealed after delivery and that cannot be returned for reasons of hygiene or health protection.
– The supply of fresh products for immediate consumption
Consequently, the Buyer is warned of the fact that he/she will not be able to assert his legal right of withdrawal with respect to articles unsealed by the Buyer whose marketing by wellisairkw.com entails risks for reasons of hygiene or protection of the health of consumers (eg: care products, makeup, consumer products, food, etc.).
6.1.3. Consequences of exercising the legal right of withdrawal
When the products are susceptible to avail themselves of the legal right of withdrawal, the Buyer who exercises his right of withdrawal in the conditions provided in this article, both in relation to the term and the modalities of return of the products, may obtain a refund of the amount paid for the acquisition of the returned products with delivery cost deducted. The refund of the amount paid must be made without further delay, and in any case, before FOURTEEN (14) calendar days from the date on which the website wellisairkw.com was informed of the right of withdrawal by the Buyer.
In accordance with the applicable regulations, the costs of returning the products will be borne by the Buyer, except in the case of non-conformity of the products delivered with the Order (in which case the return costs will be borne by wellisairkw.com).
6.2. Right and deadlines for contractual withdrawal
In order to guarantee the satisfaction of the Buyers of the Orders, wellisairkw.com accepts the return, by post, of the products requested on the website of wellisairkw.com beyond the legal term mentioned in article 6.1.1, in the conditions established below (hereinafter, “contractual right of withdrawal”).
6.2.1. Term for the exercise of the contractual right of withdrawal
The Buyer has ONE (1) month from the date of receipt of the Order to return the Products in its original state. Any damage to device or its casing is unacceptable for withdrawal.
6.2.2. Modalities for the exercise of the contractual right of withdrawal
The modalities for exercising the contractual right of withdrawal are those described in article 6.3 of these General Conditions of Sale.
6.2.3. Products excluded from the contractual right of withdrawal
The contractual right of withdrawal may not be exercised in the case of Orders provided for in section 6.1.3 of these Terms and Conditions.
Consequently, the Buyer is warned of the fact that he will not be able to assert his contractual right of withdrawal with respect to articles unsealed by the Buyer whose marketing by wellisairkw.com entails risks for reasons of hygiene or protection of the health of consumers (eg: care products or makeup). On the other hand, the Buyer will not be able to assert his contractual right of withdrawal with respect to products that have been subject to customization at the Buyer’s request. These provisions will be applied without prejudice to the guarantees established in article 7 of these GTCS, which remain applicable in their entirety.
6.2.4. Consequences of exercising the contractual right of withdrawal
When the products are capable of availing themselves of the contractual right of withdrawal, the Buyer who exercises his right of withdrawal in the conditions provided in this article, both in terms and in terms of return of the products, may obtain at his choice:
– The replacement of the products returned by other products marketed by wellisairkw.com
– The reimbursement by wellisairkw.com of the returned products, as the shipping costs/delivery cost of the Order will be deducted from total amount paid.
The costs of returning the products will be borne by the Buyer except in the case of lack of conformity of the products delivered with the Order or in case of damaged products.
6.3. Modalities of exercising the legal right of withdrawal and the contractual right of withdrawal
6.3.1. General provisions applicable to all return modalities
Products must be returned to wellisairkw.com in an appropriate state for marketing (products in perfect condition, accompanied by their original packaging, accessories, leaflet, etc.) within a maximum period of ONE (1) month from the date of your reception. Product returns that occur after that period will not be accepted.
The products must be accompanied by the Order number, it is the Buyer’s responsibility to pack the products so that they arrive correctly at the wellisairkw.com facilities.
In the event that the Buyer had benefited from an offer for purchase on the Website, for which he was entitled, under certain conditions, to one or more products offered in return for his Order, and that as a result of his exercise of the right of withdrawal loses the right to said offer; The Buyer must return, together with the products affected by the withdrawal, the offer product (s) that he had received in return for his Order so that wellisairkw.com can take into consideration his request for withdrawal.
The responsibility of the Buyer may be demanded in case of depreciation of the product as a result of its manipulation other than the manipulation necessary to establish the nature, characteristics and, where appropriate, proper functioning of the products.
6.3.2. Return to the collection points of the transport company
In addition to the conditions established in article 6.3.1 of these General Conditions of Sale, the Buyer who wishes to exercise their right, be it legal or contractual, of withdrawal, returning a product by courier / parcel, must respect the following instructions:
– Use the original packaging to return the affected product (s).
– Through the collection points indicated by the transport company.
wellisairkw.com will not accept shipments by courier or postage due.
In the event that the Buyer does not effectively demonstrate that he has secured the deposit of the product with the carrier or at the establishment, the risks associated with the return of the product will be borne by the Buyer.
ARTICLE 7 – GUARANTEES
7.1. Legal guarantees
The products for sale on the Website are covered by the legal guarantee in accordance with the applicable regulations and by the guarantee against hidden defects, which allows the Buyer to return defective or non-conforming products that have been delivered without charge.
7.1.1 Legal guarantee of conformity
In accordance with the applicable regulations, wellisairkw.com is obliged to deliver products that are in accordance with the contract, responding to any lack of conformity that exists at the time of delivery of the product. It will also be liable for any conformity defects resulting from the packaging, assembly or installation instructions, when it is at its own expense under the contract or has been carried out under its responsibility.
To be in compliance with the contract, the product must:
– Be suitable for the uses to which products of the same type are ordinarily intended;
– Conform to the description made by the seller and possess the qualities of the product that the seller has presented through the Website;
– Present the quality and that the Buyer can reasonably expect, taking into account the public statements made by wellisairkw.com, in particular in advertising or on labeling. Likewise, wellisairkw.com will not be bound by these statements if it shows that it was unaware and could not reasonably be expected to know the statement in question, that said statement had been corrected at the time the contract was concluded, or that said statement could not influence the decision to buy the product.
– Present the characteristics defined by mutual agreement between the parties or be suitable for any specific use intended by the buyer, made known to the seller and that the latter has accepted.
7.1.2 Exclusion of guarantees
Products modified, repaired, integrated or added by the Buyer are excluded from the guarantee. The guarantee does not apply to products that have suffered deterioration during transport or as a result of user misuse.
Kindly Check your User’s Manual before operating device.
7.2 Modalities of execution of legal guarantees
When it comes to the legal guarantee of conformity, the Buyer:
– You can choose between the repair or replacement of the property, without prejudice to the conditions on expenses established in the applicable regulations;
– You are asked for submitting clear proof of the existence of the defect of conformity of the good during the six months following the delivery of the good.
– Keep the purchase invoice and / or the order delivery note.
The legal guarantee of conformity applies independently of any other consented commercial guarantee.
For any claim related to legal guarantees, the Buyer must contact the Customer Service Department through the means specified in these GTCS.
These provisions do not exclude the right of withdrawal provided for in article 6 above.
Degrees or added by the buyer. The guarantee does not apply to products that have suffered deterioration during transport or as a result of their misuse.
7.3 Consequences of the execution of the guarantees
Within the framework of the legal guarantee of conformity, wellisairkw.com undertakes, at the Buyer’s choice:
– To replace the product with an identical one depending on the available stocks, or
– To reimburse the price of the product when its replacement is impossible.
In the context of the legal guarantee for hidden defects, wellisairkw.com undertakes prior evaluation of the hidden defect, at the Buyer’s choice:
– To reimburse the entire price of the returned product, or
– To reimburse a part of the price of the product when the Buyer chooses to keep the product
ARTICLE 8 – SIGNATURE AND PROOF
wellisairkw.com works for the protection of the personal data of its clients guaranteeing a high level of security; however, the Buyer must also participate in the protection of their personal data. Specifically, the Buyer must maintain the security of his online transactions, for example, by not communicating his identifier (Buyer’s email address) and / or password to anyone, and by periodically changing the password. In this sense, wellisairkw.com does not assume any responsibility for the disclosure of data relating to the Buyer to any person who makes use of the Buyer’s identifier (email address) and / or password.
In this regard, the use of the identifier (Buyer’s email address) and / or the Buyer’s password will be proof of his identity and of the enforceability, at the time of validation of the Order, of the corresponding amounts.
wellisairkw.com does not assume, in any case, any responsibility for the fraudulent use of these data. The communication of the bank card number and the definitive validation of the Order will serve as proof of acceptance of said Order and of the enforceability of the amounts committed for the reservation of the products that appear in the Order. The computer records, kept in the computer systems of wellisairkw.com and its associates, will be considered proof of the communications, Orders and payments made between the Parties.
ARTICLE 9 – CUSTOMER SERVICE / MEDIATION SERVICE
For any additional information, query related to the status of an Order or a return, or claim related to an Order, you can contact the Customer Service of wellisairkw.com by phone +965 99231359 during business hours or sent an email to the address email@example.com
ARTICLE 10 – LIABILITY
Prior to placing the Order, the Buyer declares to have full legal capacity to be bound by these General Conditions of Sale. Therefore, in the event that a person who does not have legal capacity places an Order for articles on the website of wellisairkw.com, the legal persons responsible for said person (especially, parents or guardians) will assume full responsibility for said Order. and, specifically, they must satisfy the price of the same.
10.2 Limitation of liability
The responsibility of wellisairkw.com for the obligations established in these General Conditions of Sale may not be demanded when the breach of said obligations is attributable to acts of third parties, even when said facts were foreseeable, to the fault of the Buyer or to the occurrence of a circumstances of force majeure, as defined in the applicable jurisdiction, or of any other circumstances that reasonably escape the exclusive control of wellisairkw.com. The information available on the Website is stated without any guarantee, either implicit or express, regarding its integrity, accuracy, timeliness, absence of infringement, availability, reliability or completeness of the data, products, accessories or services that appear on the Page Wellisairkw.com website or on the suitability of the same for the use that the Buyer plans to make of them. Wellisairkw.com DISCLAIMS ALL LIABILITY FOR DAMAGES, DIRECT AND INDIRECT, FORESEEABLE OR NOT, SUFFERED AS A RESULT OF THE USE OF THE WEB PAGE. IN THE EVENT THAT THE LIABILITY OF Wellisairkw.com IS ESTABLISHED FOR DAMAGES SUPPORTED BY THE BUYER ATTRIBUTABLE EXCLUSIVELY TO THE PLACEMENT OF THE ORDER, SUCH LIABILITY WILL BE LIMITED TO THE AMOUNT OF THE ORDER THAT THE BUYER HAD PAID TO wellisairkw.com or by cash or K-NET upon delivery.
ARTICLE 12 – MISCELLANEOUS
12.1 Partial disability
If one or more of the provisions of these GTCs were considered invalid or declared invalid by application of any law, regulation or as a result of a final decision of a competent authority, the remaining stipulations will retain their full validity and scope.
12.2 Waiver exclusion
The fact that any of the Parties does not exercise the rights that assist it in the event of non-compliance by the other Party of any of the obligations imposed by these GTCs may not be interpreted as a waiver of future breaches of the obligation in question.
12.3 Applicable law and competent jurisdiction
These General Conditions are governed by the legislation of the State of Kuwait. The parties submit, at their choice, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the user’s domicile.