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TERMS & CONDITIONS

TERMS OF USE OF THE WEBSITE WWW.JAMALEK.CO (THE “WEBSITE”).

 The Website is operated by Freeze Med for Beauty, trading as jamalek.co.

The Website is provided to you for your personal use subject to these terms and conditions and any other rules posted on the Website (including our Privacy Policy) (the “Terms and Conditions”).

By visiting the Website you agree to be bound by, consent to comply with, and consent to the practices described in, these Terms and Conditions, which govern your access and use of the Website and all content and functionalities available on the Website (or any of our other websites and related micro-sites accessed through the URL www.jamalek.co and related domain names) (the “Services”).

If you wish to use our Services, you must read and agree to be bound by our policies relating to those Services. In particular, your attention is drawn to our policies relating to the terms of purchase and our Privacy Policy. If you are aged under 18, you must let your parent or guardian know about our Privacy Policy before you register to use this Website or any of the Services.

We grant you a non-transferable and revocable personal license to use the software that is provided to you by us as part of the Website, for the sole purpose of enabling you to use and enjoy the benefit of our Services, as provided by jamalek.co in the manner permitted by the Terms and Conditions. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in writing in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you, and without prejudice to any other rights of jamalek.co.

 

REGISTRATION

Certain Services and related features, such as but not limited to, newsletters, that may be made available on the Website may require registration or subscription to enable your use of them. Should you choose to register or subscribe for any such Services or related features, you agree to provide complete, accurate and current information about yourself, and to promptly update such information if there are any changes. We may change our registration or subscription requirements from time to time. As a user of the Website, you are solely responsible for keeping passwords and other account identifiers safe and secure. As a user of the Website, you are entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us immediately of any unauthorized use of your password or account. Jamalek.co shall not be responsible or liable, directly, or indirectly, in any way for any loss or damage of any kind incurred because of, or in connection with, your failure to comply with this paragraph. You may be liable for our losses or others due to such unauthorized use.

Please refer to our Privacy Policy for information about how we use your data.

 

ELIGIBILITY

The purchase of products through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of Kuwait.

In order to make purchases on the Website, you must provide your personal details, including your real first and last name, valid mobile telephone number, alternate contact phone number (in some cases), valid e-mail address, payment details, valid billing address and other requested information as indicated. You represent and warrant that the payment details you provide are valid, complete, and correct and confirm that you are the person referred to in the Billing information provided.

The Website is only available to persons who meet jamalek.co terms of eligibility, those who hold a valid credit/debit card by a bank acceptable to jamalek.co and those who have authorized us to process a charge or charges on their credit/debit card in the amount of the total purchase price for the product(s) which they purchase. Products purchased are for personal or gift use only and shall not be re-sold, used for commercial purposes, or any other commercial benefit. Jamalek.co reserves the right to restrict multiple quantities of an item being shipped to any one customer or delivery address.

By making an offer to purchase products(s), you expressly authorize jamalek.co to perform credit checks and to transmit or obtain your credit/debit card information or credit report information (including any updated information) to or from third parties to authenticate your identity, validate your credit/debit card, obtain an initial credit/debit card authorization and/or authorize individual purchase transactions, as we deem necessary. You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks and such personal information may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for information about how we use your data.

 

ORDERS FOR THE PRODUCTS

The products appearing for sale on the Website are subject to acceptance and availability. If for any reason following the placement of an order for product(s), we are unable to supply a particular product, we will inform you as soon as possible, cancel your order in respect of the relevant product(s) and refund you or re-credit your account for any sum that has been paid by you or debited from your credit/debit card for the product(s) which cannot be supplied by us.

All orders are subject to acceptance. We reserve the right to refuse or cancel an order for any reason, including inaccuracies, or errors in product or pricing information, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms and Conditions or any other problem identified by us.

Jamalek.co will store a record of your transactions for a minimum of one (1) year.

Once your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, it is a confirmation that we have received it.

Unless canceled, acceptance of your order will be perfected upon completion of the packing of your order by us. Completion of the contract between you and jamalek.co will be perfected when we dispatch the products to you, at which time you will receive a second email confirming that your order has been dispatched. The sale contract is therefore concluded in Kuwait and the language of the contract is English. Neither our third-party payment processor nor our nominated courier has the authority to accept an order on behalf of jamalek.co.

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from the Website, whether or not that product has been sold, removing, screening or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Every effort is made to make sure all details on the Website are accurate, however, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly, 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 canceled. If you have already paid for the product(s), we shall refund the full amount or re-credit your account in such a sum as soon as we are able. In the event that products are recalled in transit, we will process your refund/re-credit once the products have been returned to us.

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 applicable to that order.

 

PRICES AND PAYMENT POLICY

The price of the products shown on the Website and delivery charges are shown in your local currency and are exclusive of any applicable taxes or import duties. Delivery charges will be added to the price of the products and will be indicated in your local currency, separately on the order form during the check-out process. For heavier weights or large package sizes, please contact us as additional fees may apply. Should any additional charges apply to your order, a member of our team will get in touch with and let you know before your order is dispatched. For more information please contact us at (+96599808519).

If you are a customer whose credit/debit card is not denominated in Kuwait Dirhams, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

We accept the following forms of payment:

  • Credit/Debit Card: VISA/MASTERCARD

All credit/debit card payments are subject to validation checks and authorization by the issuer. If the issuer of the credit/debit card refuses to authorize payment, we will not be liable for any delay or non-delivery. The multiple booking/orders/shipments may result in multiple postings to the cardholder’s monthly statement. We will cancel your order and contact you for an alternative method of payment.

The details on the credit/debit card used to make the payment must match the exact ID information of the cardholder as held by the issuer. Payment will be debited and cleared from your account upon completion of the shipping of your order by jamalek.co. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it.

No credit/debit cards’ details will be stored, sold, shared, rented, or leased to any third parties except by our online payment gateway service provider.

We take reasonable care to make the Website secure. Rest assured that your card number will be protected using SSL (Secure Socket Layer). SSL is a security technology that encrypts your card details and provides a secure connection between Internet browsers and websites, allowing you to transmit private data online. 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 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.

 

DELIVERY

SHIPPING

Shipping to the GCC and worldwide in 3 - 5 business days.

Notes:

  1. Jamalek.co will process your orders Sunday through Thursday excluding Friday, Saturday, and public holidays.
  2. If no one is available to accept the delivery of the order, you will have the option to arrange for an alternative delivery date or be given additional information about the collection of your order from the courier company.
  3. Please note that you will not pay VAT on your purchases when you place your order. However, your order may include local sales taxes and customs duties on arrival which you will need to pay. 
  4. For questions and inquiries, please contact us at help@jamalek.co

 

TRACKING YOUR ORDER

Once you receive an email confirming your order has been shipped, you will be able to track the progress of your delivery with the tracking number.

 

PRIORITY TRACKED DELIVERY

3-5 business days*

Delivered Monday - Friday, by FEDEX***

Tracked Service.

Delivery times are based on orders placed before 2 pm EST on any day.

*Excluding weekends and Holidays.

**We will send you an email with your Tracking Number when we dispatch your order. This will be updated with a Local Tracking Number when your parcel is received by FEDEX.

 

CANCELLATION, RETURN AND EXCHANGE POLICY

Jamalek.co is currently not accepting refunds or returns requests due to COVID-19

 

PRODUCTS LIABILITY

By buying products through our Website, you acknowledge and agree that jamalek.co carries no product liability save as described in the preceding paragraphs in relation to returning and exchanging the products or refunding/crediting the price paid and that full liability for the products rests with the manufacturer. The terms of the manufacturer’s product liability are found in the product’s package or in the notice that accompanies the products.

 

INTELLECTUAL PROPERTY

All copyright, trademarks, trade names, trade dress, designs, the “look and feel” of the Website, other intellectual property and material, rights on and relating to the Website including software and all HTML and other code contained in the Website, page headers, images, texts, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads and video clips (collectively, the “IP”) are and shall at all times remain vested in jamalek.co and/or are the property of their respective owners and are protected by Kuwait and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on our Website for your personal, non-commercial use only as expressly authorized by jamalek.co and/or its third-party licensors provided, however, that you (i) do not modify or alter the IP in any way; and (ii) do not provide or make available the IP to any third party in a commercial manner. You will not acquire any copyright, trademark, or other proprietary rights whatsoever in the IP. No license, right, title or interest in any materials or software is transferred to you as a result of your use of the Website or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP or our Website. The IP may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the IP is strictly prohibited.

Jamalek.co is the exclusive owner or licensee of the IP (as applicable) and is the exclusive licensee of the www.jamalek.co domain name.

 

CONTENT

Jamalek.co provides no warranty as to the accuracy of the content on the Website, nor does it warrant that such content is error-free or reliable or that your use of the content will not infringe the rights of third parties. Jamalek.co does not warrant that the functional aspects of the Website or its content will be error-free or that the Website, its content or the server that makes it available are free of viruses or other harmful components. If your use of the same results in any damage or the need for servicing or replacing property, material, equipment or data, jamalek.co is not responsible in any way for those costs. Jamalek.co makes no warranty regarding the Website’s content, software, text, downloads, graphics or links, or any results from using the Website and you bear the entire risk of the completeness, accuracy, or usefulness of any content on this Website. Jamalek.co reserves the right to withdraw any content from the Website at any time and for any reason. Removal may be immediate and without notice. You confirm that jamalek.co is not liable to you or any third party for any such withdrawal. 

We endeavor to provide an accurate description of the products on our Website and to display the colours of the products as accurately as possible. We cannot guarantee that your monitor’s display of any colour will be accurate.

The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of jamalek.co and we accept no responsibility for any such views expressed in any media.

 

INDEMNIFICATION

You agree, at our request, to defend, indemnify, and hold harmless jamalek.co and its affiliates, including their officers, directors, agents, suppliers, and licensors from and against any claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Website, any breach by you of these Terms and Conditions or the use by any other person accessing the Website using your Internet account. Jamalek.co reserves the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you hereunder, and such right and indemnification will survive these Terms and Conditions and your use of the Website.

 

AVAILABILITY

You acknowledge that (i) it is technically impossible that the Website will be provided free of defaults and that jamalek.co cannot take any responsibility for this, (ii) that defaults may lead to the temporary unavailability of the Website, and that (iii) the operation of the Website may be adversely affected by conditions and performances outside jamalek.co’s control, such as, for example, transmission and telecommunication links between jamalek.co and you and between jamalek.co and other systems and networks.

jamalek.co may at any time, temporarily or permanently modify or interrupt, all or part of the Website in order to perform maintenance work and/or make improvements and/or changes to the Website. Jamalek.co is not liable for any modification to or suspension or interruption of the Website.

 

DISCLAIMER

OUR WEBSITE IS PROVIDED BY JAMALEK.CO ON AN “AS IS” AND “AS AVAILABLE” BASIS. JAMALEK.CO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JAMALEK.CO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, REASONABLE CARE AND SKILL OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, JAMALEK.CO DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON OUR WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS.

 

LIMITATION OF LIABILITY

Nothing in these Terms and Conditions is intended to affect your rights as a consumer under the laws of Kuwait.

The use of the Website or any of the Services or products available thereon is at your own risk, and unless otherwise stated in these Terms and Conditions, you assume full responsibility and risk of loss resulting from your use of the Website or any of the Services or products available thereon.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL JAMALEK.CO OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF JAMALEK.CO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL JAMALEK.CO BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU TOWARDS THE PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

 

MISCELLANEOUS

We reserve the right to modify these Terms and Conditions at any time without notice to you. Any modifications of these Terms and Conditions will be effective once published on our Website. Your continued use of the Website (or any of our other websites) following such change shall signify your agreement to be bound by the modified Terms and Conditions. Please read the Terms and Conditions and check back often. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the Website.

These Terms and Conditions constitute the whole legal agreement between you and jamalek.co and govern your use of the Website and all Services and products available thereon and completely replace any prior agreements between you and jamalek.co in relation to the same.

You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you and jamalek.co may stop providing the same (or any features within them) to you or users.

You understand that jamalek.co grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials and jamalek.co reserves the right to revoke these exceptions either generally or in specific cases.

You understand that you are solely responsible for (and that jamalek.co has no responsibility to you or any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which jamalek.co may suffer) of any such breach.

If jamalek.co does not exercise or enforce, or delays in its exercise or enforcement, of any legal right or remedy, this will not be taken to be a formal waiver of jamalek.co’s rights.

You and jamalek.co are independent contractors, and these Terms and Conditions, including but not limited to submission or distribution of Your Content, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between you and jamalek.co Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set out in the Terms and Conditions. Neither party shall advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liability or obligation on behalf of, or in the name of, the other party unless specifically provided for in these Terms and Conditions.

If any of the provision of these Terms and Conditions is held to be illegal or unenforceable, the other terms of these Terms and Conditions shall not be affected and shall remain in full force and effect.

These Terms and Conditions are reproduced in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will apply.

These Terms and Conditions are governed by the laws of Kuwait as applicable in Kuwait and all disputes arising hereunder are subject to the exclusive jurisdiction of Kuwait courts.

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