Terms and Conditions

AUBADE TERMS AND CONDITIONS OF SALE

These terms and conditions of sale (the “Terms and Conditions”) regulate the terms and conditions upon which a customer (referred to as “you” or “your”) may purchase products and/or services from Aubade Jewelry and Watches Co., Aubade Jewelry and Watches LLC and their branches, parent companies, affiliates, and subsidiaries (“AUBADE”, "we", "us" and "our") through their website (the “Website”) and/or digital online platform or application (the “Application”).

Registration, account terms and conditions, privacy and cookies

To use some of the services or features made available to you on the Application or Website, you will need to register and open an account. When you register you will be required to provide personal and other information about yourself that should be true, accurate, current, and complete in all respects.

AUBADE’s Data Protection and Privacy Policy governs the collection, use, processing, transfer, disclosure, management and protection of the personal data we collect from, or provided by, you whether through the Website or Application or through other means.

 

Before providing any personal data using any means (including through the Website or Application), please read carefully AUBADE’s Data Protection and Privacy Policy at [NOTE: INSERT LINK TO DATA PROTECTION AND PRIVACY POLICY].

 

The Application and Website may use cookies to monitor browsing preferences. If you have allowed cookies to be used, please consult our Data Protection and Privacy Policy to find out more details.

By accessing the Website and Application or proceeding to make a purchase using the Website or Application, you acknowledge that you have read the Data Protection and Privacy Policy and agree to be bound by it. If you do not agree to be bound by the Data Protection and Privacy Policy, please do not use the Website or Application or make a purchase using the Website or Application.

Eligibility to purchase

In order to make purchases on the Website or Application you will be required to provide your personal details. In particular, you may be required to provide your real name, phone number, e-mail address and residential address and other information. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.

In order to make a purchase you must have legal capacity to contract under the laws of your jurisdiction. The Application and Website are available only to individuals who have legal capacity to contract and meet AUBADE’s terms of eligibility, who hold a valid credit/debit card from a bank acceptable to AUBADE, whose applications are acceptable to AUBADE and who have authorized AUBADE to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise and/or services which they purchase.

You represent that all products purchased by you are for personal or gift use and shall not be re-sold, used for commercial purposes or any other commercial benefit. In addition, you acknowledge that AUBADE may in its sole discretion restrict the quantities of an item being delivered to any one customer or address without any liability whatsoever.

By making an offer to purchase merchandise and/or services through the Application or Website, you expressly authorize us to perform credit checks and where AUBADE feels necessary and, to the extent permitted by the applicable laws, to transmit or to obtain information (including any updated information) about you to or from relevant third parties, including but not limited to your credit/debit card number or credit reports, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

Orders

To place an order, you must identify and add items you wish to purchase to a shopping basket/cart, enter your billing/shipping address, select your delivery option and choose your payment method to complete your order on the Application and/or Website.

All orders are subject to acceptance and availability, and items in your shopping basket/cart are not reserved or considered purchased until we expressly confirm so and may be purchased by other customers.

We may at our discretion offer you the option to register to be notified upon items being in stock. If you have registered your email address for notification of the arrival of a specific product featured on our Website or Application, we will endeavor to notify you by email as soon as possible once the product becomes available. We bear no liability to you whatsoever in this regard.

AUBADE reserves the right in its sole and absolute discretion to accept or reject any order without giving any reasons or justification. An order placed through the Application or Website shall not be deemed to have been accepted unless and until: (a) AUBADE receives full payment of the purchase price for the subject item; and (b) you receive an email confirming the purchase.

Pricing Policy

Prices shown on the Application or Website may be in Kuwaiti Dinars, Emirati Dirhams or another currency determined by AUBADE and, unless otherwise expressly stated, are inclusive of VAT at the applicable rate.

All prices and offers remain valid as advertised from time to time. The price of a product displayed on the Website or Application at the time the order is accepted will be honored, except in cases of patent error.

From time to time, prices are subject to change without notice in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.

Unless otherwise stated, the total price you pay when placing your order includes all duties and tax owed to Customs. Please note, you will not be charged any further costs when your delivery arrives, unless otherwise indicated upon checkout. 

If you are a customer whose credit/debit card is not denominated in Kuwaiti Dinars, Emirati Dirhams or any other currency in which prices are denominated on the Application or Website, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Acceptance of your order

Once you have made your selection and your order has been placed, you may receive an email acknowledging the details of your order. This email is NOT an acceptance of your order but is simply a confirmation that we have received it.

On the confirmation page of your order, we will provide you with an order summary of each product, the price (including all applicable fees and taxes), and the cost of shipping, if applicable.

Your order is an irrevocable offer to buy the products or services specified therein. Before proceeding to purchase, please check the order details and correct any errors.

The contract between you and AUBADE will only be completed when we email you to confirm that the goods have been dispatched.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out under these Terms and Conditions or applicable laws.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time when the transaction or service does not comply with our internal policies, or in the event there are reports or suspicion of fraudulent or illegal activity. In these events, we will not be liable to you for refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Whilst every effort is made to make sure details on our Application and Website are accurate, we may from time to time discover an error in the pricing or description of products. If we discover an error in the pricing or description of a product in your order, we will endeavor to let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price or with incorrect details or specifications, provided that the error was recognizable, and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is patently priced or described incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as practically possible. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

Payment

We do not accept payment by cheque. We accept Visa, MasterCard, American Express, KNET and any other payment methods which may be clearly advertised on the Application or Website from time to time. Payment will be debited and cleared from your account prior to dispatch of your order by AUBADE. You confirm that the credit/debit card that is being used is yours and/or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to AUBADE, we will not be liable for any delay or non-delivery.

If you are using foreign credit or debit cards, you should be aware that in some cases banks may charge you for international transactions. AUBADE is not responsible for any charges levied by banks.

We take reasonable care to make our Website and the Application secure. All credit/debit card transactions on the Website and Application are processed using a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered AUBADE user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of gross negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website or Application.

You acknowledge that your credit card issuer may undertake an additional security check to confirm it is you making the order. 

By confirming your purchase at the end of the order process, you agree to accept and pay the full amount payable for the product(s) as set out in your order, including any delivery charges, customs duties and taxes applicable to that order.

Discount or Promotion Codes

You may occasionally receive discount codes from us, via email or through promotional materials. Each code is unique and personal to the recipient, is not transferable, has no monetary value and under no circumstances can it be converted into cash. Each code has an expiry date, which will be stated at the time of promotion or on accompanying promotional materials which cannot be modified. Some discount codes may be redeemed both in store and online, or when specified, for online purchases only. This too will be stipulated at the time of promotion and on accompanying promotional materials.

When an order is placed using a promotional code and contains a number of items, the value of the discount may be spread over each item according to the pro-rated value of that item. Any refund of an item purchased in such an order will be reduced by the value of discount attached to it. The ‘discount’ will not be refunded.

Under no circumstances can the value of a discount code be deducted from an order if that code is defective or out of date. No replacement codes will be issued. Only one discount voucher can be used per order.

Furthermore, codes cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

Passing of title and risk in products

We will retain the title in and legal ownership of the products until full payment has been made by you and such payment has been received by us. Title and legal ownership of the products will immediately revert to us if we refund any such payment to you. Risk in the products will pass to you upon delivery.

Return and Refund Policy

You have the right to cancel your order under the consumer protection laws in your jurisdiction. If you reside in Kuwait, you may cancel your order within 24 hours for jewelry, watches and precious metals and 14 days for other items commencing on the day on which you purchase and/or receive your items and return the items to us without any liability on your part provided the items are not damaged, are in original condition, unworn and unused. Valid proof of purchase shall be required in all cases.

Goods must be in their original packaging/box/dust-cover and with all brand and product labels/tags/instructions still attached. Authenticity cards, where provided, should also be returned.

If the delivered item includes a complimentary bundle of free gifts, these gifts must also be returned in order to be eligible for a refund. If the gift is opened, damaged or missing a tag, the entire order may not be eligible for a refund. 

A refund will only be processed when all the conditions and requirements set out above or under applicable laws are fully satisfied. Please note due to bank processes over which AUBADE has no control, it may take up to thirty (30) working days for the refund to be credited to you.

Delivery

We may require a signature for any goods delivered to you, at which point the risk and responsibility for the goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by AUBADE, and transfer of risk and responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.

Please note that we aim to dispatch all orders within the fastest time practically possible. Delivery times appearing on the Application or the Website are estimates and are to be used as a guide only and are not binding on us. AUBADE is not responsible for any delays caused by destination customs clearance processes or by actions or omissions of courier or delivery service companies.

If delivery is delayed by any event outside of our control, we will endeavor to contact you as soon as possible to let you know and we will use our best efforts to take steps to minimize the effect of the delay. Provided we do this, we will not be liable to you for delays caused by the event.

Warranty

AUBADE does not provide any warranty beyond the standard warranty provided by the manufacturer or supplier of products or under applicable consumer protection laws in your jurisdiction. You acknowledge that in the event that you report a warranty related issue to AUBADE, our responsibility towards you shall be restricted to using our best efforts to coordinate with the manufacturer or supplier of the products to facilitate implementation of the warranty. So long as we do so, we shall have no liability to you whatsoever in this regard.

Limitation of liability

Notwithstanding anything else to the contrary, AUBADE’s aggregate liability to you for whatever reason (whether in contract, tort or otherwise) shall not exceed the total purchase price paid by you for the products or services in question. You agree that AUBADE shall under no circumstances be liable to you for any incidental, indirect, punitive, special, or consequential loss of any kind and howsoever arising from the sale and purchase transactions contemplated under these Terms and Conditions. 

 

No waiver

If you breach these Terms and Conditions and we take no immediate action against you, we will still be entitled to use and exercise our rights and remedies.

Severability

If any provision of these Terms and Conditions is found by a court or tribunal of competent jurisdiction to be invalid, illegal or unenforceable by law, the remainder of the Terms and Conditions will remain valid, enforceable and in full force and effect, and the parties will negotiate in good faith to substitute a provision of like economic intent and effect.

 

Force majeure

We shall not have any liability to you whatsoever for not complying with any of our obligations due to an event of force majeure including, but not limited to, Acts of God, acts, omissions and decisions of governmental authorities and delays from our suppliers and providers. We shall however endeavor to minimize any impact that such events may have on our ability to perform our obligations. If we are prevented from fulfilling our obligations after you have placed your order and we have accepted it, we will, only provided we received payment from you, refund the purchase price you paid for the affected products in question.

Updates and Amendments

 

AUBADE may update or amend these Terms and Conditions from time to time and on an as-needed basis. When we change the Terms and Conditions, a notice will be posted on the Application and our Website along with the updated Terms and Conditions. We may also contact you via your contact information on file, for example by email, notification or some other equivalent method to inform you of such change.

 

You are advised to check the Application, the Website and/or your email from time to time for any updates or modifications to these Terms and Conditions and to educate yourself of any such updates or modifications.

 

Upon your request, we may provide you with a hard copy of these Terms and Conditions provided that the version of these Terms and Conditions appearing on our Website and/or the Application shall take precedence in the event of ambiguity or inconsistency.

 

In the event that these Terms and Conditions is published in Arabic and another language, the Arabic version of this shall take precedence in the event of ambiguity or inconsistency.

 

Governing Law & Dispute Resolution

Without prejudice to the application of any mandatory consumer protection provisions in the jurisdiction in which you reside, these Terms and Conditions are governed by and shall be construed in accordance with the laws of the State of Kuwait and disputes which cannot be amicably resolved within thirty (30) days of commencement of good faith negotiations shall be subject to the jurisdiction of the Courts of Kuwait.

Questions

If you have any questions or concerns about these Terms and Conditions, please contact us at info@aubadejewelry.com.

 

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