1.1What these terms cover: These Terms and Conditions of Order ("Terms"), together with all information and documents referred to in them, govern the online orders by you of our products ("Products") through this website (the "Website").
1.2 Why you should read them: Please make sure you have read these Terms carefully, especially the limitations of our liability, before placing an order. These terms tell you who we are, how you contract with our authorized distributors, how the products will be delivered to you, how your contract may be changed or ended, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Acceptance of these terms: By placing an order for a Product through our Website, you agree to and accept these Terms. You should print a copy of these Terms or save them for future reference.
1.4 Eligibility: To register with and place order to purchase Products via the Website, you must be aged 21 years or over and have a registered postal address in Kuwait (“Kuwait”).
1.5 We may amend these Terms from time to time: Every time you order a Product, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 21/01/2020.
1.6 Website conditions of use: Your use
of our Website is governed by our Website Conditions of Use.
Please read these as they include important terms that apply whenever you visit
Who we are, what we do and how to contact us.
2. Information About Us
2.1 Who we are and what we do : British American Tobacco ME DMCC, a company registered in the United Arab Emirates under license number DMCC-32339 with its registered office at Unit 3801, JBC 3 Building, Jumeirah Lakes Towers, Dubai - UAE ("we", "our" or "us") operates the Website. Buyers authorize us to act as their limited representative solely to place orders for Products directly between them and authorized distributors of the Products in Kuwait via the Website. While we help facilitate transactions that are carried out using the Website, we are not the seller of the Products. We provide the Website as a venue for authorized distributors of Products in Kuwait and buyers such as you to negotiate and complete transactions in accordance with the provisions of these Terms. Accordingly, the contract formed at acceptance of an order is solely between you and the authorised distributor. The enforcement of any contractual obligations arising out of the completion of a transaction using the Website is the responsibility of you as the buyer and authorized distributor that are party to that transaction.
2.2 How to contact us: To contact
us, please see our Contact Us
page or email us at email@example.com.
2.3 How we may contact you: If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.
All you need to know about products and packaging.
3.1 Products may vary slightly from their pictures: The Products are as described on this Website from time to time. Please note that the Products and any packaging on the Website are for illustrative purposes only. Slight variations may occur between the delivered Product and packaging, and the image of the Product and packaging given on the Website. You should ensure that you have checked the Product description on the Website before placing your order.
You acknowledge that (i) it is technically impossible that the Website will be provided free of defaults and certain technical elements are beyond our control.
4. How to Order
4.1 Our authorized distributors in your country only sell to 21+: We only accept orders from people aged 21 years or over to a registered postal address in Kuwait.
4.2 Our Products are intended for adult smokers only. They are not for sale or use by those under 21 years old.
4.3 Ordering process: You may place an order for a Product via our online order process on the Website. The Website contains instructions on how to complete the order process and check and amend any errors before submitting your order to us. Your order will be submitted to us when you click on the "Confirm Order" button at the end of the order process. Your order represents an offer to purchase a Product.
4.4 How we will accept your order: After you place your order, we will send a confirmation email to you to accept your order, at which point a contract will come into existence between you and the authorized distributor.
4.5 If we cannot accept your order: If we are unable to accept your order, we will inform you of this and you will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
4.6 Products are subject to availability: All Products shown on the Website are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and will not process your order.
We We will pass on the price of delivery: All prices stated are in Kuwaiti Dinars. Delivery charges, if any, will be indicated to you at the time of ordering and will be added to the purchase price before you confirm your order.
5.2 Where to find the price: The price of a Product is as published on the Website at the date we received your order. Prices are subject to change without notice at any time, but changes will not affect any order that we have previously accepted.
5.3 What happens if we got the price wrong: It is possible that, despite our reasonable efforts, a Product on our Website may be incorrectly priced. If we discover an error in the price of a Product that you have ordered, we will inform you of this error and give you the option to continue with your order at the correct price or to cancel your order. If you do not respond to us within 7 days, we will treat the order as cancelled and notify you in writing.
HOW TO PAY
6 HOW TO PAY
6.1 How to pay: Applicable method of Payment in Kuwait is as advertised on the Website.
6.2 In the event of a failed payment for whatever reason, you agree to compensate us in full against all reasonable costs, expenses and outgoings we incur in attempting to obtain payment made by you.
6.3 VAT receipts: Please note that we issue VAT receipts for Products ordered from the Website.
DELIVERY & POSTAGE
7 DELIVERY & POSTAGE
7.1 Kuwait only:
Delivery of a Product will only be made to a Kuwaiti address.
7.2 Delivery cost and method: Delivery cost and method: Delivery charges, if any, will be indicated to you at the time of ordering and will be added to the purchase price before you confirm your order.
7.3 When we will provide the Products: We will indicate our estimated dispatch timings on the Website. Please note that the dispatch timings indicated on the Website are estimates only. The timings are not guaranteed times. We will send you an email confirming when your Product has been dispatched.
7.4 Delays caused by events outside of sellers reasonable control: If the supply of the Products is delayed by an event outside of the control of our authorized distributors we will contact you as soon as possible to let you know and what steps will be taken to minimize the effect of the delay. However, if you have not received your Product within the dispatch timings communicated to you, please notify us. We may, at our reasonable discretion, require proof of non-delivery.
7.5 When When you become responsible for the Products: The Products will be your responsibility once they have been delivered to the address indicated in your order.
7.6 When you own the Products: You will own the Products once our authorized distributor has received payment from you in full.
7.7 If you are not at home when the Product is delivered: If no one is available at your address to take delivery, we will arrange for the delivery as soon as practicable thereafter.
7.8 Reasons the supply of Products to
you may be suspended. The supply of a Product may have to be suspended to:
deal with technical problems or make minor technical changes;
b) update the Product to reflect changes in relevant laws and regulatory requirements;
c) make changes to the Product as requested by you or notified by us to you.
7.9 If you will be asked to present some form of government-issued photo identification at the time of delivery to help confirm your age and identification. If you are unable to provide proof of age and identity, we will not be able to provide our Products to you.
YOUR RIGHT TO END THE CONTRACT
8 YOUR RIGHT TO END THE CONTRACT
8.1 You can always end your contract with our authorized distributor: Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract:
a) If what you have bought is faulty or misdescribed you have a legal right to end the contract and get some, or all of your money back (alternatively, you may ask for a replacement product under the terms of your warranty as identified in these Terms);
b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2
c) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do prior to receipt of the Products: If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and without need for a court order and our authorized distributor will refund you in full for any Products which have not been provided. The reasons are:
a) we have told you about an upcoming change to the Product or these Terms which you do not agree to;
b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed (see clause 5.3);
c) there is a risk that supply of the Products may be significantly delayed because of events outside the control of either the authorized distributor or us.
For the avoidance of doubt, you cannot end a contract for the above reasons after you have received your Product.
How to cancel the contract: To cancel the contract, you need to notify us (your notification will be transferred to our authorized distributor in Kuwait) either (i) at any time prior to receipt of the Product; or (ii) within 7 days following receipt of the Product. You can do this by email, by sending us a letter by post or by calling us (please see our contact details in clause 2.2 above). We will send you an email acknowledging receipt of such cancellation. To meet the cancellation deadline as specified in these Terms, you must send your notification concerning your exercise of the right to cancel before the cancellation period has expired. Please keep a copy of your cancellation notification for your own records.
Returning products after ending the contract: If the Products have already been dispatched to you or you have already received them, you must return them to our authorized distributor (in compliance with our Return Policy as per Article 9.2) without undue delay and in any event not later than 7 days from the day on which you communicate your cancellation of this contract.
8.5 When you will be refunded if you are exercising your right to cancel the contract, you will receive a full refund of the price you paid to our authorized distributor for the Products and any applicable delivery charges. Our authorized distributor will process the refund as per the laws and regulation of Kuwait and in any event not later than (a) 30 days after the day we receive back from you any Products supplied; or (b) if there were no Products supplied, 30 days after the day on which we receive your cancellation notification. We may withhold the refund until we have received the Products back or you have supplied evidence of having returned the Products to us (whichever is the earliest).
8.6 Ending the contract where there has been no fault and there is no right to change your mind: Even if we or our authorized distributor are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay compensation. The contract for the Products is completed when the Product is delivered and paid for. If you want to end a contract before it is completed where neither we nor the authorized distributor are at fault and you do not have the right to change your mind, just contact us to let us know. The contract will end immediately and our authorized distributor will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
COMPLAINTS & RETURNING FAULTY PRODUCTS
9 COMPLAINTS, WARRANTY & RETURNS
9.1 If you have any complaints: Please contact us via phone, email or the address provided in these Terms (Clause 2.2) if you have any complaints about the Product. We aim to resolve any complaints as far as possible within 14 days.
9.3 When you will receive your refund: Once our authorized distributor in Kuwait confirms that you are entitled to a refund, the authorized distributor will aim to process your refund within 14 days of such confirmation.
CREATING AN ACCOUNT
10 CREATING AN ACCOUNT
10.1 How to create an account: You may place an order to purchase the Product by creating an account on the Website. In order to apply to create an account, please follow the instructions on the Website. It will be at our sole discretion as to whether we accept your application to create an account.
10.2 Conditions to creating an account and using the Website: All account holders must be 21+ and must have a registered address in Kuwait. We do not sell Products to individuals who do not meet these criteria and our agents are prohibited from making sales to such individuals.
You warrant, represent and undertake that, while using the Website:
1. You shall fully comply and will at all times continue to fully comply with all applicable laws, statutes and regulations;
2. You have full power and authority to enter into these Terms and make payment in accordance with them.
10.3 One account per user: Only one account may be created per individual
10.4 What information do we require: You will be asked to provide information including your name, phone number email address and address when creating your account. Your phone number and email address will be used to identify you when you use it to access your account on the Website. We reserve the right to terminate your account in the event that you provide an invalid email address or phone number. Your order will be sent to the address you provide. We accept no responsibility for orders that are not received as a result of an incomplete or incorrect address being provided. You confirm that such information is true, accurate and complete and that you will notify us immediately if any part of this information changes.
10.5 Choosing a password: You will also need to provide a password in order to access your account. You are entirely responsible for maintaining the confidentiality of your password and you will be responsible for any damage or losses caused by unauthorized access resulting from your failure to keep your password secure. We encourage you to use a "strong" password (including a combination of numbers and letters). You agree to notify us immediately in the event of any unauthorized use, or suspected unauthorized use of your password or account.
CANCELLING YOUR ACCOUNT
11 CANCELLING YOUR ACCOUNT
11.1 We may cancel your account: We may temporarily suspend or cancel your account at any time and for any reason without notice.
11.2 It is a strict condition of your use of the Website: That all the information you provide for any reason be correct, current and complete. If we have any reason to believe that the information that you provided is not correct, current or complete, or that you are not of legal age to purchase the Products, or that you do not reside in Kuwait or reside in a jurisdiction where the Website is not available, we reserve the right to refuse to grant you access to the Website and to suspend or close your account at any time.
11.3 How can you cancel your account: You may cancel your account at any time and for any reason by contacting us by email or by post at the address set out in clause 2.2 above. It will be your responsibility to provide any required proof that you are the account holder.
HOW WE MAY USE YOUR PERSONAL INFORMATION
12 HOW WE MAY USE YOUR PERSONAL INFORMATION
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us: If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 To the extent permitted by applicable law, we (including our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
1. Supplying the Products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it or making payment as required;
2. Damages that may result from the unauthorized repair of the Product;
3. Your use of or your inability to use the ordered Product;
4. Delays or disruptions to our Website or our services;
5. Viruses or other malicious software obtained during the use of our Website;
6. Damage to your hardware device from the use of your ordered Product; or
7. Your loss of or inability to do business or similar as a result of our inability to deliver the product to you
13.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so: This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive Products which are: as described and match information we provided to you; of satisfactory quality; fit for their intended purpose; supplied with reasonable skill and care; and for defective Products under the relevant Consumer Protection regulations.
13.4 We are not liable for business losses: We only supply the Products for domestic and private use. Neither we nor our parent company, subsidiaries and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors or licensors will be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in relation to these Terms for loss of profits, loss of business, loss of data or information, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we, our parent company, subsidiaries and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors or licensors have been advised of the possibility of such damages if you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.5 If clauses 13.2 or 13.4 are held to be unenforceable or inapplicable for any reason: then the total liability (including legal fees) applicable to us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors, to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms of Sale shall be limited to the price the product sold for on our Site and its original and return shipping costs.
13.6 General Release. Because we are not the seller of the Products, if a dispute arises between you and the authorized distributor, you release us (from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
OTHER IMPORTANT TERMS
14 OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else: We may transfer our rights and obligations under these terms to another organization.
14.2 You need our consent to transfer your rights to someone else: You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 If a court finds part of this contract illegal, the rest will continue in force: Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 Even if we delay in enforcing this contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.5 We may change, modify or revise these Terms at any time: Any changes made to these Terms will apply 7 days after the date we post the modified terms on our Website. These changes will only apply to orders placed on or after the date on which the changes to the Terms take effect. It is your responsibility to check that you have read and agree with the latest Terms on the Website.
14.6 These Terms contain our entire agreement: These Terms and the documents referred to or incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided in these Terms and the documents referred to or incorporated into these Terms by reference, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied.
14.7 Which Law applies and where you may pursue a claim: These Terms shall be interpreted, governed and construed by and in accordance with the Laws of Kuwait.
If you are not satisfied with any Products that you have purchased using our Site, you should contact via the details appearing in Clause 2.2 (above).
If you are unable to resolve your issue within 30 days of notifying us of your issue, any disputes or claims arising out of or in connection with these Terms, including any non-contractual rights or obligations arising out of or in connection with these Terms shall be referred to and finally resolved by the competent Kuwaiti courts.