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Terms and Conditions

Using the platform in any way constitutes a consent by the user to these terms and conditions. Tatayab has the right to change these Terms and Conditions at any time. Any change to the Terms and Conditions will be effective from the date of publishing the updated Terms and Condition, or on the date specified in the publication. Using the platform after publishing the updated Terms and Conditions constitutes an approval from the user to the updated Terms and Conditions.

The Platform

1. Tatayab for Fragrances and Accessories Company owns and run the website (www.tatayab.com) and all, existing or future, smart devices applications related to it, each or all to be referred to herein as "the platform" or "the website." The platform is a intermediary tool that allows shops/venues to displayed their goods and products for the purpose of selling them to the users of the platform, referred to each of them as "user"/"customer"/”buyer” as the case may be. Tatayab provides payment and delivery services for products purchased via the platform.

2. The products and goods displayed on the platform are owned by the shops/venues under which these products are presented. The selling of these products is on behalf of these shops, under these terms and conditions.

Usage and Registration

1. A user using the platform to buy a product must have the legal capacity to do so under the laws of Kuwait, and the country he is making the purchase from, at the time of the purchase.

2. A user must follow all the steps required in the platform and provide all the required information to complete a purchase.

3. The user shall provide correct, complete and present information for his/her profile, and shall update these information promptly.

4. The user shall maintain the confidentiality of the access information to his account, and any process carried out through his/her account is the responsibility of the user.

5. A user shall not transfer his / her account to another without a prior consent from Tatayab.

6. Tatayab has the right to cancel the account of any user without giving any reason.

7. The user shall be responsible for any comment provide by him/her on the platform (if available) and to respect the laws and public order. Tatayab has the right to delete a comment or block part of it without giving any reason.

Purchase and Delivery

1. All purchases made through the platform are final. The buyer has no right to revoke the deal or return the purchased products, except those that do not comply with the descriptions, or are damaged.

2. Tatayab can accept to return the product upon the buyer contacting the customer care within 14 days from the date of purchase, provided that the goods are in their original condition and in the same packaging. In this case, the buyer will bear the cost of shipping and delivery.

3. Tatayab has the right to cancel any purchase order if the purchased product is unavailable or cannot be delivered for any reason, without bearing any responsibility for the cancelation.

4. The buyer undertakes to pay the final amount appeared in the purchase order (including delivery fee, taxes, customs, or any fee appear on the order), and to comply with the payment method that was chosen by the user.

5. The platform make different payment methods available, which can be provided by third parties who solely bear the responsibility of the payment process and dealing the banking information provided to them by the user. Tatayab will not collect, process, or restore any banking information from the user.

6. The scheduled delivery is an estimated period. Tatayab will do it is best to deliver the product on time. However, a customer may not claim any compensation due to the delay of the delivery, and cannot cancel the purchase due to any delay.

7. In the event of receiving a product that is damaged or not comply with the description, the customer must inform the customer care within 3 days from the date of delivery. Otherwise, it cannot be returned.

8. Customer Care can be reached via the email info@tatayab.com or by the live chatting on the website.

Intellectual Property

1. All content on the platform (including images, logos, trademarks, source-code, and programming) are reserved copyrights.

2. Images used for Bukhoor, Aud, and Dehen Al-Aud, are approximate images for the purpose of illustrating the product.

Gurantee and limits of liability

1. Because the products sold on the platform are own by third parties, Tatayab is not responsible for testing or examining any product sold via the platform. Tatayab will do its best endeavours to reach a solution between the user and the venue or shop from where the product is bought via the platform in case the description of the purchased product is not accurate.

2. In any case other than fraud or lawful misconduct, Tatayab shall not be liable for any damage resulting from the using of the platform in any way, whether due to negligence, failure to perform a legal duty, or violating these terms and conditions. Limitation of liability of Tatayab shall include exempting from damages resulting from technical or man-work failure. And, shall include all kind of damages, whether it was a loss, missing a profit, loss of data or user information, and whether the damage is physical or moral, direct or indirect, even if the Tatayab was notified of the possibility of occurring of such damage.

3. Tatayab will do its best to provide the services at a satisfactory level. However, the user will not hold Tatayab liable for any direct or indirect damage resulting resulting from:

a. Delay or disturbance in providing the services.

b. Viruses and harmful programs that affect the platform or its users.

c. Unintentional mistakes or inaccuracy in the services of selling, payment, or delivery.

4. Subject to the foregoing provisions, if a user is entitled to a compensation due to any reason, the amount of the compensation - as an agreed compensation - shall not exceed:

a. the final price displayed in the purchase order via the platform,

b. the disputed amount,

c. one hundred Kuwaiti Dinar,

whichever is less.

General terms

1. Entire Agreement: These terms and Conditions, in addition to those mentioned in the platform, invoice, purchase order, or referred to by Tatayab by any means of communication, represent the entire agreement between the parties. The agreement shall supersede any previous communications or statements, written or verbal between the parties, except what has been excluded in writing by Tatayab.

2. Amendments: An amendment to the Terms and Conditions may be made by Tatayab at any time, and all users shall have access to the updated Terms and Conditions via the platform. The updated Terms and Conditions shall be applicable to all users from the date of publishing the updated terms and condition or the date specified in the publication. No amendment to these terms and condition can be made by the user. Using the platform after publishing the updated Terms and Conditions constitutes an approval from the user to the updated Terms and Conditions.

3. Force Majeure: In the event of an unexpected compelling circumstances, no party shall be liable for any loss, damage, delay or failure to fulfil an obligation as a result of these circumstances, if these circumstances are beyond the control of any party.

4. Waiver: A waiver from Tatayab to any provision of these Terms and Condition shall not apply to any other provision. A waiver for a single case shall not constitute a continuing waiver for similar cases, unless otherwise stated explicitly and in writing by Tatayab.

5. Applicable Law: These Terms and Condition and any related rights and duties, resulting from or because the use of the platform (such as purchase of goods, delivery service, etc.) shall be subject to and construed in accordance with the laws of the State of Kuwait.

6. Conflict Resolution and Jurisdiction: In the event of any dispute or conflict concerning the use of the platform or resulting from its use (such as purchases, delivery, etc.) effort shall be made to amicably resolve it. The Customer Care team of Tatayab will do it is best effort to reach a satisfying solution. If amicable means failed, the “judicial arbitration” in Kuwait shall have exclusive jurisdiction over the dispute.

7. Continuity of Execution: Provisions that are provided to remain in force or which are inherently binding (such as the duty to preserve data) remain in effect after the termination of the agreement or cancelling the user’s account.



Updated on 07-06-2018