Terms & Conditions

 

This website, [https://www.theathletesfoot.com.kw/] (the “Website”), is owned and/or operated by Ali Abdulwahab Almutawa Commercial Co. K.S.C.C ("AAW” or “we” or “our” or “us") to provide you as a user ("you” or “your") website features, orders, purchases and other products (“Products”) and services to you when you visit or shop at [https://www.theathletesfoot.com.kw/] (the “Service”). AAW is providing you the Services on the following terms and conditions (“Terms”) and by using the Services, you agree to be bound by these Terms. Please read them carefully.

1. GENERAL

We reserve the right to make changes to our Website, policies and these Terms at any time.  If you do not agree with all or any of the Terms, please discontinue your use of our Website. If any of these Terms is deemed invalid, void, or unenforceable for any reason, that Term shall be deemed severable and shall not affect the validity and enforceability of any remaining Term.

2. ACCOUNT REGISTRATION

To ease your access to the Services, and enable you to order and purchase Products, you may need to register and create a personal, exclusive, non-transferable secured account on the Website (“Account”) and have a valid payment method associated with it. As a registered user, you must be of legal age and must provide true and accurate information (including your name, date of birth, e-mail address, credit/debit card details (if needed), and other details). If you are a minor, you may require the help of a parent or guardian to use the Account, however, the parent or guardian remains fully liable for using such Account and for any use of the Service by you as minor through your Account. We may carry out further checks to verify your age with a registered credit/debit card and, if we are unable to verify you are over 21 years, we may cancel your order. You must, at all times, maintain the confidentiality of your Account and agree to accept responsibility for all activities that occur under your Account. If you have any concerns related to your Account or become aware of any misuse or unauthorized use, Contact Us immediately.

3. PRODUCT ORDERING, CARD & CASH PAYMENT

3.1 Products are supplied subject to availability. Subject to these Terms, to complete your orders or purchases, you will be required to pay the indicated full retail price Products. Shipping, delivery and other costs may also apply. Once your order is confirmed, we will send you a detailed email of your order. This email shall be deemed as an acknowledgment and acceptance of your order. Completion of the purchase agreement with you and the risk of loss, however, shall not occur and pass to you until the Product’(s) final delivery to you.

3.2 There may be some Products’ mispricing appearing on the Website or during ordering.  If the correct price of an item is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Errors in transmission resulting in interrupting your purchase. We will in good faith try to resolve any issues resulting of such errors at our fullest discretion.

3.3 We accept payment from your credit or debit card upon receiving your order for the relevant Products. Cash or Card payment on delivery may also be available (but not on all products), subject to the Terms mentioned in paragraph 3.6 below. We will not charge your credit/debit card until we ship your order. If we are unable to supply the Products, we will inform you as soon as possible and a full refund will be given where you have already paid for the Products.

3.4 We advise you to pay with your card in person. Do not let a third person use it. We accept payment by Knet, Visa/MasterCard and American Express. If you choose to pay through Knet, you will be guided to the Knet payment gateway and will be asked to enter your card details such as name, card number, expiration date, pin code and a One Time Passcode (which you will receive via sms on your phone). The same applies to Visa/MasterCard payments which shall be redirected to their respective payment gateways. In either payment mode, your personal information provided by you shall be subject to a random check to confirm your identity by the respective financial service provider of your choice and all information provided by you will be treated securely and strictly in accordance with the applicable law.

3.5 All prices are shown in Kuwaiti Dinar (KD) and include taxes (if applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise.

3.6 Cash shall be handed over to our authorized customer service representative or deliverer for collection on spot prior to receiving the Products ordered. Our representative may also carry a mobile point of sale terminal for you to make payment by Card (KNet, Visa/Mastercard). Personal cheques, gift vouchers issued by AAW  or discount coupons (unless used prior to checkout) are not accepted in lieu of cash or card payment.

3.7 Our representative will contact you to set a delivery appointment. Please make sure you receive the ordered Products in person or at least have an authorized person to receive your order. If you are not at the delivery address, our representative will wait for you for no more than 10 minutes and try to establish contact with you, failing which, the representative will depart and your delivery will be rescheduled on the following day. Your failure to receive the ordered Products shall result in either charging you an additional delivery charge of __ KD or even cancelling your order. Refunds shall be made in the same payment mode, however, please note that your card account shall be credited in accordance with the period specified by the payment service provider.

4. COPYRIGHT

All content included in or made available through our Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is will always remain the property of AAW or its and is protected by the relevant applicable laws of the State of Kuwait and other countries. You are permitted to use this material and/or content only as expressly authorized by our suppliers/licensors/principals or us for your non-commercial use. You further acknowledge that any other use of the material and content of the Website is strictly prohibited and you agree not to directly or indirectly copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

5. REVIEWS, COMMENTS & OTHER CONTENT

5.1 You may be able sometimes to post reviews, comments, photos, videos, submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing third party’s intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a payment card or other content. AAW reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

5.2 subject to 5.1 above, by posting the aforementioned content, you grant AAW a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content in any media.

6. LIABILITY & INDEMNITY

6.1 AAW makes no representation or warranties about the accuracy, completeness, timeliness, reliability, or non-infringement of any content on the Website or Services available through it nor warrants that the Website or any of the Services or Products available through it will be uninterrupted or free from errors. There may be delay, omissions, interruption, and/or inaccuracies in materials or Service available.

6.2 AAW does not represent or warrant that the Website, or the Service or Products or materials that may be made available through the Website are free from viruses, worms or other malicious codes. AAW shall not at any time be liable for any damages or harm attributable to such features or arising directly or indirectly from such features.

6.3 In no event shall AAW be liable to you or to any third party for any direct, incidental, indirect, special or consequential losses, damages whatsoever (including, but not limited to, lost profits, business interruption, loss of programs or other data on your information system), even if AAW has been advised, knew, or should have known of the possibility of such damages, arising out of or related to: (i) your use of or reliance on the Website, any information, hyperlinks or content contained therein, or Services included on or otherwise made available to you through the Website; (ii) your provision of information, personal or otherwise, to AAW; (iii) the provision of Services by AAW; or (iv) acts or negligence on the part of AAW, its agents or employees.

6.4 TO THE FULLEST EXTENT PERMITTED BY LAW, AAW DISCLAIMS AND EXCLUDES ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE WEBSITE OR AAW’S SERVICES, OR WITH RESPECT TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION PROVIDED BY AAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF A PATENT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION AND LINKS CONTAINED THEREIN, IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY THAT IT WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

6.5 Notwithstanding anything herein to the contrary, AAW’s aggregate liability (whether in contract, tort or otherwise) for any loss or damage that you may incur on any account whatsoever, arising out of your use of the Website, shall be limited to a sum equal to the amount paid or payable by you for the Product(s).

6.6 We will take all reasonable precautions to keep the details of your order and payment secure, however, AAW shall not be held liable for any losses caused as a result of unauthorized access to information provided by you. You are responsible for maintaining the confidentiality of your Account and its password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password.

6.7 AAW reserves the right to refuse Service, terminate Accounts, remove or edit content, or cancel orders anytime at its sole discretion.

6.8 You agree, to indemnify and hold AAW, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of the Website or the Service, your non-compliance with the applicable law or regulations in the jurisdiction in which you are accessing the Website or the Service, or any action taken by AAW as part of its investigation of a suspected violation of these Terms or as a result of it’s finding or decision that a violation of these Terms has occurred.

7. PRODUCT RETURN & REFUNDS

7.1 We know that, for one reason or another, you need to exchange or return something you have bought. You must check your Products carefully at the time of delivery before using them. Also, keep your delivery receipt and copy of your order, as proof of purchase if you have any queries. Products purchased can be returned or exchanged within thirty (30) days from the purchase date, subject to the conditions of paragraph 7.2 below.

7.2 RETURN/REFUND POLICY

 

8. MISCELLANEOUS

8.1 Your usage of the Website and your purchase agreement with AAW are governed and construed in accordance with the laws of the State of Kuwait. Any dispute arising out of or connected with such usage or purchase agreement shall be finally resolved by the competent courts of the State of Kuwait.

8.2 AAW shall not be liable for any delay or failure to deliver Products or otherwise perform any obligation as specified in these Terms if the same is wholly or partly caused by events of Force Majeure and/or caused, whether directly or indirectly, by circumstances beyond its reasonable control. For the avoidance of any doubt, Force Majeure events shall, without being limited, include events of war, riots, civil war, rebellion, earthquake, flood or any other natural physical disaster and/or acts of God or acts of the public authority.

8.3 These Terms represent the entire agreement between AAW and you and  supersede all prior representations, understandings and agreements between AAW and you relating to the use of the Website (including the use of Services and/or order of Products).

9. CONTACT US

If you have any comments or queries in connection with our Terms and/or Privacy Policy, you can Contact Us by clicking here or call us on [22261860]

10.Promotional offers

From time to time, we may make available promotional offers on the Website/ App and in such cases specific terms and conditions will apply.

Certain limited edition styles/ brands will be exempted from these promos and any discount will not be applicable on those. For eg: Nike Dunks/ Yeezys/ Jordans/ On running etc. These styles may have the tag of "Excluded from promotion" on their product page for reference.