TERMS OF SALE
PLEASE READ THE FOLLOWING TERMS OF SALE BEFORE PLACING AN ORDER ON THIS SITE
- What is this document? Why does it matter?
These terms and conditions of sale (“Terms of Sale”) regulate your purchase of the products we promote and sell on this Site ("Products") and the shipping of such Products in the countries we deliver in. "Site" means the website located at http://www.kipling.co.ae. When you make a purchase on this Site, we ask you to confirm your acceptance of these Terms of Sale and, if you do, a contract is formed between you and us, subject to these Terms of Sale. So it is important that you read these Terms of Sale carefully before placing an order for Products on this Site ("Order").
If you need further information please check our FAQ page or contact our Customer Service as indicated in our Contact Us page.
- Who are we?
In these Terms of Sale “VF”, “we”, "KIPLING®" and “us” mean the trader of the Products, which is the company of the VF Group responsible for selling to consumers in the country you select for delivery of the products. To identify the VF company that would sell to you, please see a full list here. If you have already made a purchase, you can also verify the company specified on your payment receipt. We can be contacted as indicated in our Contact Us page & our Customer Service Centre is located at 22 19d Street – Al Quoz Industrial Area 3, Dubai – UAE. “You” means you the customer.
- Are descriptions of Products and prices flawless?
We do our best to ensure that the information about Products is accurate and up-to-date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an order to purchase them.
Also, the colors you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colors.
We reserve the right to modify the information about Products displayed on our Site, including as regards prices, description, and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email (see below).
- How do I make a purchase on this Site?
We describe here all the steps necessary to make a purchase (in legal terms, to conclude a purchase contract) on our Site. The process below will be available in the following languages, also depending on the country website you may have accessed: English & Arabic.
The concluded contract will be provided to you at the end of the process and will also be accessible - but not modifiable - in the future by us.
1st step: you place an Order
To complete a purchase, you first have to place an order for Products. Then, this Order has to be accepted by us.
To place an order you must be 18 years of age or over. To place an order you will have to select the Products on the Site, select your preferred shipping method and if you like, other optional services, and finally click on the “BUY IT NOW ” button. We will not accept Orders placed in any way other than as detailed above.
2nd step: we confirm receipt of the Order
When you place the order through the Site you will receive an automated email confirming receipt of your Order ("Order Receipt email"). The Order Receipt email contains full details of your Order (such as Order No., information on Products, prices, your shipping address, delivery costs and other). Please note the Order Receipt email is NOT already an acceptance of your Order.
3rd step: upfront payment through Debit / Credit Card
We usually collect payment for an Order, as soon as you place your order via http://www.kipling.co.ae. See our Payment Terms for more details.
4th step: we confirm that Products have been shipped - the contract concluded!
When your order is accepted by us, we send you an email confirming that all, or part, of the Products, have been shipped ("Shipping Confirmation email").
Once you receive the Shipping Confirmation email, your Order has been finally accepted by us and the purchase contract between you and us is concluded in relation to the Products actually shipped. Such a contract is composed of your Order; our Order Receipt and Shipping Confirmation emails; the then-current Terms of Sale. No other terms and conditions shall apply.
When Orders are not accepted
While we do our best to always accept Orders, we could, however, refuse an Order in certain cases, for example, if:
- you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address;
- we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed;
- the Products you ordered are unfortunately out of stock or no longer available;
- We have reasonable grounds to believe that you intend to resell the Products.
If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your order. If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.
- How can I pay for the Products?
We accept several methods of payment for purchases on this Site. Please find exhaustive details in our Payment Terms.
- When will the Products be delivered? Can I track my shipment?
Please find exhaustive details in our Delivery Terms.
You can track the shipment of your Products by clicking on the "Track My Order" link in the Shipping Confirmation email. Please note such link will direct you to the courier's website, which is not controlled by us.
- I want to exchange a Product purchased here. What do I have to do?
We hope you are delighted with your purchase from KIPLING® however, in case you don’t like the product, we can offer you an exchange within 14 days from the date of purchase (delivery), provided the product is returned in its original packaging and accompanied with the original receipt as proof of purchase. We strictly do not offer cash refund, unless we are unable to process your order or are unable to deliver a brand new, fully functional product, based on the delivery terms. If you decide to modify your order, for any reasons, apart from the ones mentioned above, we will offer the amount back as credit to a KIPLING Gift Card, in your name. Unless the product is faulty, the delivery & return courier charges will have to be paid by the customer.
Please refer to the Warranty Terms in order to raise any product, material or manufacturing-related issues, which are applicable within 2 years of purchase.
- Who can I call if I have problems with a purchase or a Product or if I want to make a complaint? Does KIPLING® offer after-sale customer support?
If you experienced problems or want to make a complaint regarding a Product or a purchase made on this Site, or if you simply need after-sale assistance, you can contact us as indicated in our Contact Us page, managed by our Customer Service. For further support, please feel free to email us @ Kipling.Support@JASHANMALGROUP.Com
- What is KIPLING®’s liability if something goes wrong with a purchase or a Product?
Our liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows: (i) we shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations; (ii) we shall not be liable due to the slightly negligent breach of any other duty of care applicable.
The above limitations of liability shall not apply to any mandatory statutory liability and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent VF has assumed a specific guarantee. The above provisions shall apply accordingly to our liability for futile expenses.
In any event, you shall take adequate measures to avert and reduce damages.
Please also note that we cannot be held responsible for delays or failure to perform our obligations under these Terms of Sale if such delay or failure is caused by any circumstances beyond our reasonable control, including, for example, natural disasters, war or civil disturbances, strikes, government intervention, failures of our supplier(s), failure by you to give us a correct information or to effect due payments. We will inform you of any such unforeseen events as soon as possible after they occur and we will do our best to reduce their impact on our performance as reasonably possible. Should this interruption continue beyond a period of 2 weeks, you will be entitled to cancel the Order and get a refund.
Nothing in these Terms of Sale shall affect your statutory rights as a consumer, such as your right to a free guarantee for faulty goods as mentioned in Clause 7 above, and nothing in these Terms of Sale shall exclude or limit any liability of KIPLING® that cannot be excluded or limited pursuant to the applicable law.
- Are my personal data collected and processed on this Site? Why? How?
- Use of the Site
- What is the applicable law? And the competent Court in case of disputes? Does KIPLING® stick to any code of conduct?
These Terms of Sale are governed in all respects by the laws of the country of delivery applicable to your Order, without regard to its conflicts of laws rules, including, without limitation, your local legislation enacting the Consumer Rights Directive 2011/83/EU. The competent courts of that same country shall have exclusive jurisdiction in connection with any disputes arising out of a purchase made on this Site or any Product, save for any right under mandatory provision of applicable law to establish legal proceedings in the habitual place of residence or domicile of the consumers.
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