Terms of service
The following sets out the terms and conditions (“Terms and Conditions”) for accessing and using of the website ww.velvetdesert.com (“Website) owned by Velvet Desert for Wholesale and Retail Trade WLL (“Velvet Desert”, “we” or “us”).
The use of the Website implies the complete acceptance without reservations of each and every resolution included in these Terms and Conditions. Therefore, the user (“you”, “your”) must read them carefully every time the Website is accessed, as the terms of use are subject to modifications at Velvet Desert’s discretion, or due to legal requirements, or a change in business practice. Any changes made will not affect to any existing orders placed through the Website. You are advised to review Our Terms and Conditions prior to placing any order.
These Terms and Conditions apply to consumers purchasing products for personal use, and not in the business capacity.
Terms of Contract
Account Details
You will need to provide us with your details when completing a transaction for the purchase of our products. This will include, without limitations, your real name, email address, phone number and shipping address. In addition, you will also be required to provide payment details, which you represent and warrant are (a) accurate; (b) valid; and (c) your own details or the details of third party who has expressly authorized you to conduct the respective transaction on their behalf. You also affirm that you are aged 18 or above, and have the capacity to contract under the laws of your jurisdiction, and hold a valid credit/debit card which is acceptable to us at our discretion.
By placing an order on the Website, you hereby authorize us to use your information to verify this information, conduct credit check, and transmit this information to third parties to obtain initial credit authorizations from your credit card issuer.
Orders
Orders are accepted upon by us. We have the right to reject any orders for any reason, including without limitations insufficient stock. If an order is rejected, we shall notify you by email and will refund any sums paid.
We reserve the right not to accept an order for reasons such as the product being out of stock, the product does not pass our quality control standards, or we are unable to obtain authorization for payment. Furthermore, we also reserve the right to refuse to process a transaction when a transaction does not comply with these Terms and Conditions, our internal policy, or the transaction raises any suspicions of fraudulent or illegal activity. In this case, we shall not be liable to you for refusing to process a transaction, or suspending any transaction which has been placed on the Website.
Pre-ordered Products
Pre-ordered products, which have been paid for fully in advance, are expected to be delivered by the date specified in the product information. Pre-ordered products may experience delays in being delivered due to production and logistics reasons; in such case, we will notify you with any delays [by email]. In the unlikely event that a pre-ordered product becomes out of stock, we will refund any amounts previously paid to the card used to make the purchase.
Orders for pre-ordered products cannot be cancelled once placed. However, you may exchange or refund a pre-ordered product in accordance with our return and refund policy once you have received the pre-ordered product.
Product Information and Pricing
Our products are manufactured in Spain, India, China and Thailand. We exert our best efforts to provide sufficient information about our products. However, you hereby accept that products may appear slightly differently on your screen depending on its resolution, which we cannot control.
Our prices are shown by the corresponding product, and will be confirmed at the checkout page and order confirmation. In the unlikely event that we discover an error in the pricing or the description of the products, we will endeavour to notify you as soon as possible. In such case, we are under no obligation to sell our products at the incorrect price shown or fulfil the respective order after it has been accepted. We will notify you by email that the order has not been accepted, and if payment has already been made, we will refund any amounts paid as soon as possible.
Title and Risk of Products
We shall retain the title and legal ownership of the products until full payment made under the purchase transaction has been received by us. If a product has been refunded by us, title and legal ownership shall immediately revert to us. The risk of product shall be transferred to you upon delivery.
Delivery
Delivery times appearing on the Website are an estimate only, and are not binding on us. We will use our best commercial efforts to ensure that an order is delivered on time; however, we shall not be responsible for delays caused by custom clearance processes, or by the acts or omissions of the courtier or delivery service providers. In the event of a delay, we will endeavour to notify you as soon as possible and will use your best commercial efforts to minimize the effect of the delay. Notwithstanding anything to the foregoing, we shall not be liable for delays caused by such an event.
Return and Refund
Items purchased are subject to refund within 24 hours of receipt. Exchanges are permitted for the same or higher-priced items only and must be requested within 14 days of purchase, provided that the item(s) have not been worn, damaged, soiled, washed, or altered. Refunds are not granted if the item is damaged in the possession of the customer.
With the exception of earrings and other piercing products, a product may be refunded if:
a. The product is in a good and sellable condition; and
b. The product is in its original packaging, with all labels/tags still attached; and
c. The invoice (original or a copy) is accompanied with the returned product.
Refunds shall only be authorized and processed after the returned product has been approved by us. We shall then issue a refund for the value of the product returned, which shall be returned to the debit/credit card used to purchase the product.
Warranty
Our warranty does not include any products which have been damaged due to wilful damage, negligence by you or a third party, using of the product in any manner other than its intended use, failing to follow any instructions in relation to its use, cleaning and maintenance, or alternations or repairs carried out by third parties.
If our products do not conform to their specifications, please notify us at support@velvetdesert.com as soon as possible.
Termination
Velvet Desert reserves the right to terminate or suspend your access to all or any part of the Website without prior notice, based on the belief that your conduct has violated these Terms and Conditions, the applicable laws and regulations or are (or are potentially) harmful to us or any third party. In such event, the provisions of these Terms and Conditions, which remain applicable to you, shall survive this termination.
Intellectual Property
All copyright, design, trademarks, or other intellectual property rights related to the Website are owned, controlled or licensed by Velvet Desert, or by third parties who have licensed their materials to Velvet Desert, and are protected by the Kuwait and international trademark and copyright laws.
You are granted a limited, non-exclusive, and non-transferable license to access the Website for your own personal use. This license is subject to the restrictions set forth in these Terms and Conditions.
Restrictions on Usage:
You may not:
a. Reproduce, republish, duplicate, copy, modify, or exploit any material from the Website or any Velvet Desert social media accounts for commercial purposes without explicit permission from Velvet Desert.
b. Use the Website in any way that may cause harm, disruption, or violate any applicable laws.
c. Remove any copyright or other proprietary notations from the material.
d. Sell, rent, or sub-license material from the Website.
e. Redistribute content from the Website.
Limitation of Liability
Notwithstanding anything else to the contrary, Velvet Desert’s total liability to you for whatever reason shall not exceed the total purchase price paid by you for the respective products. Under no circumstances will we be liable to you for indirect, incidental, special, punitive or consequential damages or losses (of any kind), regardless of how it may arise from the transaction completed or contemplated under these Terms and Conditions.
Force Majeure
In the event that our ability to fulfil our obligations are affected by to a force majeure event (which may include but is not limited to acts of God, delays from our suppliers, or changes in laws or regulations affecting Velvet Desert), we shall exert our reasonable efforts to minimize the impact of such an event. However, we shall have no liability to you whatsoever for being unable to comply with our obligations due to such an event. For order that have been placed, paid for and accepted by us, we shall refund any amounts paid if we are unable to resolve the issue.
No Waiver
No failure, delay or omission by Velvet Desert in exercising any right, power or remedy provided by law or under these Terms and Conditions shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.
Severability
If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this Agreement (shall not be affected, and we shall negotiate in good faith a substitute provision of with the same or similar economic intent and effect.
Governing Law and Jurisdiction
These Terms and Conditions are subject and be interpreted in accordance with the laws and regulations applicable in the State of Kuwait. Kuwaiti courts shall have the exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions.
Electronic Communications
You hereby accept that any communications with you with regards to the Website or any purchase shall be made electronically, and that any electronic communication shall be legally binding.