Terms and Conditions of Sale
Effective Date: 28.03.2022
1. General Provisions
1.1 The following terms and conditions of sale (“Terms of Sale”) apply to the offer and sale of products through the MAC Cosmetics website www.maccosmetics-kw.com howsoever accessed, in Kuwait (the “Site”). The terms “we”, “us” or “our” refers to Alshaya (hereinafter “Alshaya”).
1.2 To be eligible to purchase products on the Site customers must: (a) be at least 18 years old or, if minors, be duly authorized by their legal representative; (b) be competent to contract (as understood under the applicable laws); (c) be consumers, meant as natural persons acting for purposes extraneous to their trade, business, craft and profession; and (d) hold a valid payment instrument that is accepted on the Site if electronic payments are intended to be made.
1.3 This contract shall be executed in English and Arabic and shall be governed by the laws of New York (“Applicable Laws”) as indicated in Section 10. You can check the contact details of the legal entity acting as the seller on the site by clicking here.
1.4 Before placing an order of a product through the Site or the Customer Service Centre, customers will be required to expressly accept these Terms of Sale. Customers may save or print these Terms of Sale, which are also available at any time on the Site. These Terms of Sale may be modified at any time.
1.5 The Terms of Sale applicable to an order shall be the ones published on the Site at the time the customer places an order. To the extent permitted under applicable law, the placing of an order as detailed below shall be deemed consent and acceptance of the User for the order and the amount due.
2.1 We will take all reasonable professional care to ensure that all details, descriptions, images of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that said details, descriptions, images of products are totally accurate, complete, reliable, current, or error-free.
2.2 The products described on the Site, and any samples thereof we may provide to the customer, are for personal use and consumption only. Customers may not sell or resell any of these products or samples thereof. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or samples to be provided to the customer that may result in the violation of these Terms of Sale.
2.3 For the avoidance of doubt, only the product warranty obligations and returns under the laws of the State of Kuwait (“Local Law”) relating to the details, descriptions, images of products and fitness for use shall be deemed to be applicable without prejudice to the Applicable Law governing the entirety of this contract and all other obligations, rights and responsibilities.
3.1 All prices indicated for products available via the Site are inclusive of applicable taxes at the current rates and are expressed in local currency. Delivery charges, if any, are displayed to the customer prior to finalizing an order and shall be added to the price of the products and are indicated separately on the order form. For further information please also visit the Delivery section of the Site.
3.2 Whilst the prices displayed on the Site are regularly verified, we cannot guarantee the absence of errors. In the event that an obvious error in the pricing of a product is detected, we will offer the customer the opportunity to purchase the product at the correct price or to cancel the order.
3.3 Prices may be modified at any time. Applicable prices shall be the ones published on the Site at the date of placing of an order by customer.
4. Placing an Order
4.1 The customer can navigate freely on the Site without being bound to placing an order. If the customer chooses to do so, the customer will be guided through the process of placing an order by a series of simple instructions on the Site or the Customer Service Centre.
4.2 To place an order, the customer must type in the quantity of product they wish to purchase (up to four (4) units of the same product), with a maximum purchase of two hundred forty five Kuwaiti dinars (245 KWD) per customer. In addition, we must also limit orders to no more than three (3) orders per customer per day. Customer can purchase up to 14 units in total per transaction. 14 units per transaction per customer, subject to Section 2.2 hereinabove.
4.3 Customer may click “Add to bag” to place the product selected in the desired quantity in the “Shopping Bag”. Customer may decide to continue shopping for other products and add them to their Shopping Bag or proceed to checkout by clicking the “Proceed to Checkout” button. At any time during shopping customer may review the products in the Shopping Bag by clicking on “Proceed to Checkout” of each page. Customer may remove products from their Shopping Bag by clicking on “Remove” next to the chosen product in the Shopping Bag”. If applicable on the Site, Customer may save a product as favorite, by clicking on “move to favorites” below the product name. The product will then be moved to customer’s favorites section in “My Account”. To access customer’s favorites from any computer, customer must register or sign in with their account.
4.4 Customer must follow the onscreen instructions to proceed through the checkout process on the Site. The customer may always correct any errors in data they have entered, change the Shopping Bag contents, by adding or removing one or more products from the Shopping Bag, or cancel the entire order during checkout before sending their order. Before submitting an order on the Site, the customer will have an opportunity to review and edit all of the details for their order, including billing and shipping information, prior to confirming their purchase. In addition, the customer shall acknowledge and declare that they have read all the instructions provided during the checkout process and fully accepts these Terms of Sale, through a confirmation action on the Site (for example, by ticking a box). The customer places an order request for products via the Site by clicking on the “Place Order and Pay” button at the end of the order process.
4.5 After an order has been submitted, a submission page will be displayed, and the customer will receive shortly an email confirming receipt of the order. In accordance with the provisions of Applicable Laws, the email confirming receipt of the order contains a summary of the Terms and Conditions, information on the essential characteristics of the purchased products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods of return, the address to which complaints may be addressed, information on support services and on existing commercial warranties.
4.6 If an order confirmation does not arrive within 24 hours after submission, customer may contact us at 182-12-12 or at email@example.com for assistance.
4.7 If customers have any questions or concerns when placing an order or if they wish to enquire about a previously placed order, they may contact us at 182-12-12 or via email at the following address firstname.lastname@example.org. For fastest service, customers are invited to keep their order number available.
5. Offer Codes
5.1 If offer codes are applicable on the Site, to redeem an offer code, customers must enter their code into the “offer code” box during the checkout process on the website. Offer codes are case sensitive and should be entered exactly as they appear.
5.2 When an offer code is accepted, the offer will be displayed in the “Order Review”.
5.3 One offer code may be used per order. Offer codes are intended for one-time use only and shall be treated as used even if you cancel the order.
5.4 An offer code would be rejected if the same has expired or where the applicable terms of the offer code are not met.
6. Payment Options
6.1 Customers may pay for the products by credit card/debit card or other payment instruments that are accepted modes of payment on the Site, as displayed on the Site webpages including order checkout and payment pages. The following payment cards are accepted for payments:
6.2 For customer’s security, customer’s billing name should match that of the credit card / debit card used for payment. We reserve the right to cancel any order that does not match these criteria.
6.3 All credit card holders/debit card holders are subject to validation checks and authorization by the credit card issuer/ debit card issuer, including via a one-time password. If the issuer of customer’s payment card refuses or does not, for any reason, authorize payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
6.4 Your payment card will be charged the applicable purchase price at the time you submit your order. By submitting your order on the Site, you expressly authorize the performance such payment card authorization and, strictly for legitimate purposes and to the extent permitted under applicable regulations, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your payment card number, to authenticate your identity, to validate your payment card, to obtain a payment card authorization and to authorize individual purchase transactions.
7. Order Inquiries
7.1 Generally, products are shipped within 2 to 3 working days (i.e. Sunday/Monday through Wednesday/Thursday, excluding bank and other public holidays). For any shipping information customers may contact us at 182-12-12 or via email at the following address email@example.com.
7.2 However, please note that in the event of force majeure situations we reserve the right to delay the shipment until the same is viable.
7.3 The term “force majeure situations” shall mean: (a) acts of God, including without limitation storms, floods, earthquake or lightning; or (b) fire, war, hostilities, terrorist acts, riots, civil commotion or disturbances, epidemics, pandemics, declaration of containment zones, natural disasters / calamities, change in governmental laws, orders or regulations adversely affecting or preventing due performance by any party of its duties, obligations or responsibilities under this letter agreement, embargoes, actions by the government of the State of Kuwait or governments overseas, or an agency thereof, sabotage or explosions; or (c) strikes, lockouts or other industrial actions of any nature; or (d) any other acts, occurrences, events or circumstances beyond our reasonable control.
7.4 Customers can check the status of their most recent orders by visiting the Order Status page into the My Account area. This is the easiest and fastest way to get the most current information regarding customers’ orders.
7.5 When the customer clicks on Order Status page, they will be prompted to log in with their email address and password. An order summary page will provide the customer with detailed information about their current and past orders. After an order is shipped, the relevant tracking number, if available, will be displayed. Customers can track the delivery status of the order with our courier by clicking on “Dispatched” under the Order Status header. Some carriers may not have tracking information available for up to 24 business hours after the order is shipped.
7.6 Occasionally, orders or parts of an order are cancelled by the system for various reasons. Some reasons are:
- Item(s) not available, although we take all professional care to ensure that unavailable items are clearly identified as such on the Site;
- Impossibility in processing payment information;
- Cannot deliver to address provided;
- Duplicate order was placed; and
- Failure to deliver beyond 3 attempts by the delivery partner
7.7 If an order is cancelled, the customer will receive an email to explain the reason for the cancellation. Customers will not be charged for any cancelled orders. If the customer is interested in placing a new order or if the customer has any questions about a cancelled order, they may contact us at 182-12-12 or via email at the following address firstname.lastname@example.org.
In such cases, the order will be cancelled, and in case of payment by credit card/ debit card holders, the money will be refunded to you after the cancellation request is duly processed by us and subject to the policies of the relevant third-party financial providers.
7.8 An order once cancelled cannot be renewed. The customer will have to place a fresh order for the said product(s).
8.1 Orders are usually delivered on working days (Sunday/Monday through Wednesday/Thursday excluding bank and other public holidays).
8.2 We are unable to process orders to a P.O Box address.
8.3 Shipping charges shall be borne by the customer and are indicated separately on the order form and into the delivery note. There are no shipping charges for purchases over the amount we may display on the Site. Customers shall be liable for any custom duties imposed on the delivery of purchases under Applicable Laws. Any such amounts paid by the customer shall not be included in case of any returns or refunds.
8.4 In accordance with Applicable Laws the products shall be delivered within 30 (thirty) days from the day following that of the order placement by the customer, unless we notify the customer, including by email, within the same term, of the ordered products being unavailable, including temporarily unavailable.
8.5 However, please note that in the event of force majeure situations we reserve the right to delay the delivery until the same is viable.
9. Returns policy
9.1 We are committed to offering customers the finest cosmetic products available. If the customer feels the products they have received from us do not meet this expectation, subject to Local Laws, the customer may initiate the process of return of the product(s) (along with all gift with purchase (GWP) and samples, if any which were supplied along with the product(s) and are linked to the purchase of the concerned product(s)), within fifteen (15) days of the date the products were received either by the customer or a third party (not being the carrier) to whom the products were shipped as per the terms of the order placed by the customer, subject to the products (and all gift with purchase (GWP) and samples, if any which were supplied along with the product(s) and are linked to the purchase of the concerned product(s)) being unused and in its original packaging along with original tags, barcode and invoice.
9.2 For contracts covering the order of several goods that are to be delivered separately, the return period is fifteen (15) days from the date on which you or a third party you name and who is not the carrier has received the last item of such order.
9.3 However, return policy does not apply to products which have been personalized, except for defects in the products (or for instance the products are spurious) or incomplete or incorrect delivery. If a personalized product is delivered damaged or is defective, customers should contact us at 182-12-12or e-mail us at email@example.com within fifteen (15) days of delivery.
9.4 Notification of customer’s intention to exercise the returns can be done by emailing us at firstname.lastname@example.org with customer’s order details, including customer order number and the description of the products which are being returned. To comply with the return period, it is sufficient to provide your declaration informing us that you wish to return the product prior to the expiration date of the return period. Within the order packaging, the customer will find a dispatch note with details of the order together with details of our returns process. If the products listed on the dispatch note do not match those contained in your delivery, the customer shall notify us immediately by calling 182-12-12.
9.5 Our Customer Service will then issue the customer with an authorization number telephonically, in case the customer contacts Customer Service via telephone, and by a return e-mail, in case the customer contacts customer service at the e-mail id specified hereinbelow. Customer is invited to retain a note of their authorization number for future reference with Customer Service with regards to this matter.
9.6 Upon returns, we undertake to reimburse the customer the full price of the products within thirty (30) bank working days of the date of receipt of the return, provided that the products (along with all gift with purchase (GWP) and samples, if any which were supplied along with the product(s) and are linked to the purchase of the concerned product(s)) are shipped back unused and undamaged along with original tags, barcode and invoice, as soon as possible and no later than fifteen (15) days from the date of receipt of your return declaration, and that we receive proof of sending back prior to reimbursement. We may refuse reimbursement until we have received the resent goods or until you have provided proof that you have resent the goods in an unused and undamaged condition along with original tags, barcode and invoice, whichever occurs first. Refunds will only be made against the original credit card/debit card used with respect to card payments and/or to the relevant bank account with respect to COD payments.
9.7 In case you choose to send the product to be returned via courier then it is strongly recommended that the parcel be sent by a recorded delivery service (one that requires a signature upon receipt).
9.8 The above provisions are only applicable to purchases made online. Products purchased at a store will be subject to the return policy of each store. Returns or exchanges for purchases made in a MAC Cosmetics store may not be returned or exchanged to MAC Cosmetics Online. Returns for purchases made online will be accepted for return or exchange at a MAC Cosmetics store.
9.9 Please note, for certain marketing campaigns or sale periods, special return/exchange/refund rules may apply. Information regarding this is visible on the promotion banner. For any clarification, please feel free to contact our customer care.
10. Applicable Law and Jurisdiction
10.1 With the exception of obligations related to product warranty and returns that are subject to the laws of the State of Kuwait as indicated in Section 2.3, with respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms of Sale shall be governed by the laws of New York, as if the Terms of Sale were a contract wholly entered into and wholly performed within New York. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
11.1 For any information and support on products and methods of purchase through the Site the customer may contact us by email to email@example.com.
Please find below the list of countries concerned, our local entities acting as the seller, and Applicable Laws:
|Your shipping address Country||Seller||Applicable Laws|
|Kuwait||Alshaya International Trading Co. W.L.L.||Laws of New York|
12.1 These Terms of Sale are subject to change and shall be modified and/or updated from time to time.
13.1 To the extent permitted by Local Laws, we do not warrant that said details, descriptions, images of products are totally accurate, complete, reliable, current, or error-free.
13.2 We and/or the Site does not, and is not intended to, provide any form of skincare, beauty, healthcare, medical or other form of advice, nor does it provide instruction on the appropriate use of any product produced or supplied by us, our affiliates, related companies, licensors, etc. The information presented on the Site shall not in any manner whatsoever be interpreted or construed as a replacement or substitution for skincare, beauty, healthcare, medical or other form of advice provided by your professional healthcare provider. Under no circumstances will we, our employees, representative or affiliates be liable for the information or the consequences of you relying on such information.