Please
read through them carefully before placing your order. By using this
website and/or placing an order, you agree to be bound by the terms and
conditions set out below. Please also read our Privacy Policy regarding
personal information provided by you.
No prior notice for
amendment to the terms, the amendment will be applied to orders
thereafter. Upon confirmation of your orders, we will not be able to
make any changes.
This site (“Boutiqat.com”) is owned by BOUTIQAT GENERAL TRADING CO.
The entire content included in this site, including but not limited to text,graphics or code is copyrighted as a
collective
work under copyright laws, and is the property of Boutiqat.com. The
collective work includes works that are licensed to Boutiqat.com.
Copyright 2016-2018, Boutiqat.com ALL RIGHT RESERVED. Permission is
granted to electronically copy and print hard copy portions of this site
for the sole purpose of placing an order with Boutiqat.com or
purchasing Boutiqat.com products. You may display and, subject to any
expressly stated restrictions or limitations relating to specific
material, download or print portions of the material from the different
areas of the site solely for your own non-commercial use, or to place an
order with Boutiqat.com or to purchase Boutiqat.com products. Any
other use, including but not limited to the reproduction, distribution,
displayed transmission of the content of this site is strictly
prohibited, unless authorized by Boutiqat.com.You further agree not to
change or delete any proprietary notices from materials downloaded from
the site.
Boutiqat.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Boutiqat.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
While Boutiqat.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Boutiqat.com cannot confirm the price of an item until after you order. In the event that an items listed at an incorrect price or with incorrect information due to an error in pricing or product information, Boutiqat.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is priced incorrectly, Boutiqat.com may, at our discretion,either contact you for instructions or cancel your order and notify you of such cancellation.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, maybe terminated by Boutiqat.com without notice at any time, for any reason. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation,payment obligations) of the parties arising before the date of termination.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Boutiqat.com or other licensed employee, host, or representative, as well as other members or visitor son the site is prohibited.You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any part tor which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
In
an attempt to provide increased value to our visitors, Boutiqat.com may link to sites operated by third parties. However, even if the third
party's affiliated with Boutiqat.com, Boutiqat.com has no control
over the linked sites, all of which have separate privacy and data
collection practices,independent of Boutiqat.com.
These linked
sites are only for your convenience and the reforge you access the mat
your own risk. Nonetheless, Boutiqat.com seeks to protect the integrity
o fits web site and the links placed upon it and the reforge requests
any feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work).
Pricing
of products sold by Boutiqat.com is based upon figures calculated in Kuwaiti Dinar (KWD). Prices displayed in other currencies are converted
from KWD Kuwaiti Dinar according to the most up to date conversion rates. Due
to fluctuating currency values, prices displayed in non-U.S.
denominations of currency on the Site, other than on the individual
product page, may not be the most current. Areas of the Site where
non-U.S. denominations of currency might be inaccurate include, but are
not limited to, promotional banners, promotion alp ages, and information
on product category pages. The price displayed on an individual
product page, regardless of currency denomination, is the current price
you are liable to pay to Boutiqat.com, excluding shipping.
1.
TERMS AND CONDITIONS TO GOVERN - These terms and conditions represent
the final and complete agreement of the parties and no terms or
conditions in anyway modifying or changing the provisions stated here in
shall be binding upon Our Company unless made in writing and signed and
approved by an officer or other authorized person at Our Company. No
modification of any of these terms shall be modified by Our Company's
shipment of goods following receipt of Buyers purchase order, shipping
request or similar forms containing printed terms and conditions
additional to or in conflict with the terms herein. If any term, clause
or provision is declared to held invalid by a court of competent
jurisdiction, such declaration or holding shall not affect the validity
of any other term, clause or provision herein contained.
2.
ACCEPTANCE OF ORDERS - All orders are subject to written price
verification by authorized Our Company personnel unless designated in
writing to be firm fora specified period of time. Shipment of goods
without written price verification does not constitute acceptance of the
price contained in the order.
3. SUBSTITUTION -Our Company
reserves the right, without prior notification, to substitute an
alternative product of like kind, quality and function. If the Buyer
will not accept a substitute, the Buyer must specifically declare that
no substitution is allowed when the buyer requests a quote, if such
request for quote is made, or, if no request for quote was made, when
placing an order with the Our Company.
4. PRICE - Prices quoted,
including any transportation charges, are valid for 10 days unless
designated as firm for as pacific period pursuant to a written quote or
written sales acceptance issued or verified by an officer or other
authorized personnel of Our Company. A price designated as firm for a
specific period may be revoked by Our Company if there vocation is in
writing and is mailed to the Buyer prior to the time a written
acceptance of the price is received by Our Company. All prices and
deliveries are F.O.B.shipping point.Our Company reserves the right to
cancel orders in the event selling prices which are lower than prices
quoted are established by government regulations.
5.
TRANSPORTATION - Unless other wise provided, Our Company shall use it
judgment in determining carrier and routing. In either case, Our Company
shall not be liable for any delays or excessive transportation charges
resulting from its selection.
6. PACKING - Unless other wise
provided, Our Company will comply only with it is minimum packing
standards for the method of transportation selected. The cost of all
special packing, loading or bracing requested by Buyer will be paid for
by Buyer. All cost of packing and shipment for Buyer's special equipment
shall be paid for by Buyer.
7. PAYMENT TERMS - The discount
applies only to the invoiced value of the material (not to taxes or
freight charges).Our Company reserves the right to require advance
payment or satisfactory security for the goods if the financial
condition of Buyer so warrants as determined by Our Company. If Buyer
fails to make payment in accordance with terms of this agreement or any
collateral agreement, or fails to comply with any provisions hereof, Our
Company may, at its option (and in addition to other remedies), cancel
any unshipped portion of this order. Buyer is to remain liable for all
unpaid accounts.
8. TAXES AND IMPORT/EXPORT LICENSES -Prices do
not include taxes. Taxes are paid by Buyer upon invoice from Our Company
unless Buyer provides a valid exemption certificate acceptable to the
taxing authority or unless Our Company's forbidden by law from
collection of said taxes from Buyer. Import or export licenses are to be
secured by Buyer.
9. TITLE AND RISK OF LOSS - Delivery to
carrier shall constitute delivery to Buyer, and thereafter risk of loss
or damage shall pass to Buyer. Any claim of Buyer relative to damage
during shipping or delivery should be made directly to the carrier. Any
claims by Buyer against Our Company for shortage or damage occurring
prior to such delivery to carrier must be made within five (5) days
after receipt of the goods and accompanied by original transportation
bill signed by carrier noting that carrier received the goods from Our
Company in the condition claimed. Not with standing passage of the risk
of loss to Buyer,title and right of possession to the goods sold here
under shall remain with Our Company until all payments here under,
including deterred payments evidenced by notes or other wise, Interest,
carrying charges, and attorneys' fees, shall have been made in cash, and
Buyer agrees to do all acts necessary to perfect and maintain such
right and title in Our Company.
10. RETURN OF PRODUCTS -Goods
cannot be returned, and orders once accepted by Our Company cannot be
canceled, except upon the written approval of Our Company. Cut to size
items and special orders may not be returned unless it has been
determined to be provided in error by Our Company. Customers returning
goods are responsible for freight charges, and shall be assessed a
restocking fee of $100 or 20% of the order, whichever is greater.
11.
FORCE MAJEURE -Our Company shall not be liable for failure to perform
its obligations resulting directly or indirectly from or contributed to
by acts of God; acts of Buyer, civil or military authority, including
wage and price controls; fires; war; riot; delays in transportation;
lack of or inability too brain raw materials (including energy
sources),components, labor, fuel or supplies; or other circumstances
beyond Our Company's reasonable control,whether similar or dissimilar to
the foregoing. If certain quantities are affected and other quantities
are not, the quantities affected shall be eliminated without liability,
but the agreement shall remain unaffected. Our Company may during any
period of shortage due to any of said causes, allocate its supply of
such raw materials among its various users there of in any manner which
we deems fair and reasonable. In no event shall Our Company be liable
for special or consequential damages for any delay for any cause.
12.
REASONABLE ATTORNEY'S FEES - In the event suit or other proceedings
shall be brought for the recovery of the purchase price, or any unpaid
balance, or the breach by Buyer of any term here in contained, Buyer
shall pay to Our Company, in addition to any damages proved by law,
reasonable attorney's fees and costs of collection.
13. LIABILITY
- Our Company shall not be responsible, obligated, or liable for any
injury or damage resulting from an application or use of its
products,either singularly or in combination with other products,
arising out of acceptance of this order. Our Company shall have no
liability for errors in weight or quantity delivered unless claim is
made by Buyer within five (5) days after receipt of shipment and
accompanied by original transportation bill signed by carrier noting
that carrier received the goods from Our Company inthe condition
claimed. If such timely claim is made by Buyer, and the claim is deemed
valid by Our Company, Our Company may fulfill its responsibility by
either shipping the quantity necessary to make good the deficiency, or
at Our Company’s option, crediting Buyer with the invoice price of the
deficiency.
14. WARRANTY - All goods sold by Our Company are
warranted to Buyer to be free from defects in material and workmanship,
and manufactured in accordance with industry standards. Therefore going
warranty is non-assignable and in lieu of and excludes all other
warranties not expressly set forth herein, whether express or implied by
operation of law or other wise including but not limited to any implied
warranties of merchant ability or fitness. No agent, employee, or
representative of Our Company has any authority to bind Our Company to
any representation, affirmation, or warranty concerning the goods and
any such representation, affirmation, or warranty shall not be deemed to
have become apart of the basis of this agreement and shall be
unenforceable. Any claimed defect in material or work man ship shall be
deemed waived by Buyer unless submitted to Our Company in writing within
five (5) days from the date the goods are received by Buyer. Our
Company shall not be liable under the foregoing warranty if any loss or
damage is caused by improper application or use of the goods.Our Company
disclaims all liability with respect to the design of the goods and
makes no warranty with respect to such design. This warranty is in lieu
of and excludes all other warranties, whether express, implied, or
statutory,including implied warranties of merchant ability or fitness.
15.
REMEDIES AND LIMITATION OF LIABILITY -Our Company shall not be liable
for incidental or consequential losses, damages, or expenses arising
directly or indirectly from the sale, handling or use of the goods, or
from any other cause relating thereto. Our Company's liability, in any
case, including for claims of breaches of warranty or negligence is
exclusively limited, at Our Company's option, to the replacement of
goods not complying with this agreement, the repayment of, or crediting
Buyer with, an amount equal to the purchase price of such goods, or
repairing or arranging for repair of the goods. If Our Company requests
the return of the goods, the goods will be redelivered to Our Company in
accordance with Our Company's instructions. The remedies contained in
this paragraph constitute the sole recourse of Buyer against Our Company
for breach of any of Our Company's obligations, whether of warranty or
otherwise. As long as Our Company makes a good faith effort to rectify
any breach, the remedies provided for herein shall be deemed satisfied.
16.
SELECTION - Buyer represents that the goods sold here under are fit for
their actual or intended use and that Buyer placed no reliance on Our
Company's skill or judgment in selecting suitable goods or materials or
in the design of suitable goods and materials. Buyer represents that the
use and installation of the goods shall be made in compliance with all
applicable government requirements. Buyer will defend, indemnify and
hold harmless Our Company, its successors,assigns and subsidiaries from
and against all costs (including attorneys), damages and liabilities
resulting from actual or alleged claims asserted or any penalties
proposed or assessed Our Company for any alleged violation of any
federal, state or local law, rule, regulation or standard, by reason of
or in connection with any use of the goods delivered here under.
17.
CHOICE OF LAW - This agreement and matters connected with the
performance there of shall be construed in accordance with, and governed
by, the law of the State of Kuwait as if it were executed and
performed entirely. Further, it shall be
construed to be between merchants.
18. GENERAL - Our Company
specifically represents that any goods to be delivered here under will
be produced in compliance with the requirements of the Fair Labor
Standard Act of 1939, as amended. Website terms and conditions. Please
read through them carefully before placing your order. By using this
website and/or placing an order, you agree to be bound by the terms and
conditions set out below. Please also read our Privacy Policy regarding
personal information provided by you.