Terms of use.
1.Introduction:
Welcome to “Deluna” website. These are the policies for your access and use of “Deluna” website and its properties and services.
Agreeing to the terms of use (in addition to the relevant information included in this Agreement) and by using the website you are obliged to apply the terms of use of "Deluna". User Agreement will be activated upon registering in the application.
If you do not agree the terms of use, kindly do not enter, register, or use this website before you are or proceed as a member of the website. You must read and agree to the User Agreement and Privacy Policies of “Deluna” and to access other related information to the User Agreement such as any information associated to User Agreement Policies applicable to the user, all of the information and Privacy Policy is applied under the existing law of the User Agreement.
2.Eligibility of Membership:
We would like in the website“Deluna” to make sure of the ability of each member to form law binding contracts, and that minors to not misuse the application; so the membership of this website is not available to people under the age of 18, you must show that you are aged 18 years or more before you sign up in the application. In the case of violation of the rights and laws of the website of “Deluna”, the website of “Deluna” reserves the right to put an end to or exclude a membership of any person that is known to be less than 18 years. And the website will not be available to people who have their memberships either excluded or suspended. In the case of registration as a trading entity you confirm that you can bond this entity to the User Agreement, and that you with this trade entity will be applicable to all laws related to the e-commerce; no person or trade entity can register as a member more than once.
Obligations of your account and registration:
When you register as a member of the website, you must provide certain information and register your user name and password.
Therefore, when you become a member, you agree to:
Your responsibility in maintaining the privacy and restrict the use of your personal account and password, also being aware of your responsibility toward the activities that occur through your account and password, and you will notify the website of “Deluna” for any illegal use your account or password or any other breach of security,
“Deluna” website is not responsible for any loss directly or indirectly in the profit or corruption in the goods that was resulted due to the disclosure of your username or your password. You cannot use another person’s account without a clear statement of acceptance of the account owner. Your membership means your consent to compensate “Deluna” website for any unauthorized use of your account by you or by any other person can access the website
and services through the use of your username and password whether you knew about this use or not.
You must give us the correct, accurate, current and complete information about you as required in the registration form (registration data) for the website of "Deluna".
You must not put the word “Deluna" in your user name.
You must maintain the updated information required when registering to keep it accurate, current and complete, and in the case of the submitting incorrect or inaccurate information or is not current or incomplete, and if we suspected that the information is incorrect, inaccurate or not current or incomplete, or not pertinent with the User Agreement and is not subjected to the laws and conditions of “Deluna” application, "Deluna" has the right to shut down, and put an end to the closure of your account in the application.
“Deluna” website has the right (with its choice and at any time) to make any query what it sees as an important (either directly or through an agent) and require other information and identification documents without any restrictions to ensure your; and without restricting the user, of information or identification when required, and in case of refusal to give the abovementioned, the website Administrator may suspend or close your account and your membership as well, in addition that we preserve the right to halt any account that is not yet activated or inactive for a long period of time.
4.E-communication:
When you complete your membership you agree that we can contact you via e-mail or by posting notices on the website and you approve of all agreements, notices or statements or any other communication we can offer you electronically to meet with the legal requirements so that the website will acquire your consent through the process of loading to send promotional messages that will allow you to know of any new changes, or new property or any promotional activities that are added to the application, and if you want to stop the promotional messages you receive, can choose that option by going to the settings of your device and turn it off.
5.Amendments to the User Agreement:
With the completion of your membership you agree that the “Deluna” website can modify the User Agreement, including increasing your obligations or reducing your rights (substantial modification) in accordance with the rules of the User Agreement and you agree to the possibility of the administration (under its choice at any time) and without any responsibility that their will trivial amendments and will be clarified on the website itself.
6.Expenses and services:
Since “Deluna” is an online shopping website and not a public auction and does not do those kinds of activities, it is an online platform for selling products only.
The membership is free and there are no extra charges for browsing the application.
“Deluna” website might have temporary changes of its services due to new offers and promotions (such as the count of delivery days and free shipping) or to introduce new services for a specific period of time and these temporary changes are considered effective under conditions when advertised on the application. All expenses are paid in the currency of the country of the buyer such as taxes and customs expenses by the client.
7.Information:
When you use the website “Deluna” you give it the right to use any information or data, except your bank information (because it is not in our possession) that you provide the website with or to other users and registered on the website when you register or when the sale process in the phase of agreement or through any messages on e-mail or by any property on the application; in order to improve the management of the website which is in accordance with the user Agreement and Privacy policy.
8.Use of the application:
Agreeing to the terms and conditions you confirm legitimacy of the information and details provided by you (as well as the registration information), accuracy and validity according to time and place.
Commitment when using the application:
You should not use the website in any way that causes or would possibly cause hindering the website or the access to it, or harm it or disable it.
9.Property Rights:
The entire content of the website and not exclusive whether text or designs, logos and button icons, images, audio clips and digital content and the set of data and software are property rights, print and publish of the website “Deluna” or users, content suppliers and licensures which are protected by Property Rights, laws and Trademark, patent and other intellectual property of “Deluna” application. The total content of this website is of exclusive property rights and copyright website of "Deluna" and is protected by copyright and copyright laws, trademark, patent or other intellectual property.
10.Trademark:
The website “Deluna” and any related slogans or words or logos included on the website is either a registered trademark or not registered for the website and are protected by international trademark and other rights and laws of intellectual property, and the trademark of the website “Deluna” must not be used in any product and service that does not belong to “Deluna”; neither in any way harms the “Deluna” application, and that all other brands’ trademarks are not affiliated with “Deluna” website that appear on the website are the property of their respective owners who are likely or not likely to be a member in “Deluna” website or related to it or its sponsors.
11.Misuse of “Deluna” application:
Please report any problems of any kind or violations of these Terms of Use by contacting us or our customer service. If you believe that your intellectual property rights have been violated please notify us, without prejudice to any other rights or measures of the “Deluna” application.
“Deluna” website reserves the right to limit, suspend or block the entry of any user of the website and to cancel memberships and also may delete any user-added content. In addition, the administration of “Deluna” website may take any legal action against any person causing legal problems or violations of any kind that infringes on the intellectual property rights of any third party or performs any act opposing to the terms of use.
12.Consumer Protection:
“Deluna” has a (Consumer Protection Program), which aims to help consumers protect their purchases from fraud, and if the consumer purchases a product through any secure payment method and the product was not received or received a much lower value product than the value offered in “Deluna” application; the consumers can take protection measures under the Consumer Protection Program. The Consumer Protection Program includes the return of product value expenditures only to the consumer by refunding the amount to the account or transferring the amount to the person,
In order to be qualified for protection by the Consumer Protection Program, the consumer must contact us within 48 hours of receiving (or not receiving) the product. The Department will verify the order and if the administration finds that the seller of the product deliberately defrauded the consumer with the product offered to the consumer by application; The administration may suspend, limit or obscure the entry of the seller or producer and cancel its membership on the application, the website may charge the seller the refund of expenses to the consumer either as the expenses of the product or shipping (according to the terms of payment and expenses).
The website reserves the right to take any action when necessary, including but not limited to legal procedures, and you acknowledge and agree that if an illegal and illegitimate product is returned to “Deluna” website by the consumer, the administration may estimate it exclusively to be destroyed or take any other measures they deem appropriate.
Shipping Charges for Returns:
Rejected due to the application’s fault (product is not as described - defect in product - incomplete - etc.)
A) In case the consumer raises the complaint within two days from the date of receiving the product:
1.The recovery and the reason for the product's recovery should be attached with the package, wrap and seal the recovered product securely (in the original package).
2.Call us on (+965)22282990 to get the date of return and confirm the place of delivery, and you will be provided with an appointment where one of delivery team staff will receive the recovered package.
3.Your recovered product will be processed upon arrival and we will send you a confirmation email, kindly wait for 2-3 weeks from the date of shipment to return the balance to your personal account.
4.The shipping cost of the product’s recovery is reimbursed by the customer.
5.The shipping cost will be deducted from the refund amount.
Upon receipt, the returned product will be processed within 24 hours, and the reimbursement of the balance to your account may differ from bank to bank and is determined by the bank itself. Please contact the bank for more details.
If you request replacement please contact our customer service.
B) In case the consumer submits the complaint two days after the date of delivery: (only if the refund is approved)
The consumer pays the shipping and delivery charges
1)Product recovery due to consumer error (product in original condition when purchasing and receiving)
In this case, the administration does not accept recovery or replacement for health reasons.
13.Communication platform:
In particular
The website of "Deluna" is not responsible for any late or unsatisfactory performance, loss or damage resulting from product unavailability.
1. “Deluna” does not guarantee any features (including, but not limited to the quality, value, and transferability) of the products planned for sale through the application, and “Deluna” website does not implicitly or explicitly or endorse the purchase or sale of any product in particular through the application, and the website “Deluna” is not a supplier or manufacturer of any product sold or purchased by users.
2. “Deluna” does not provide any warranties of features (including but not limited to disobedience of the law or financial entitlement or identity) of its users.
3.Users must agree to the terms and conditions of delivery, payment and insurance between each other independently and “Deluna” website does not take any responsibility towards these agreements.
4.The website of “Deluna” is not responsible for any error or negligence by any third party.
5. “Deluna” disclaim all implied guarantees, conditions and implicit provisions and shall not be liable for any material loss or damage to reputation or any consequential damage resulting directly or indirectly from your use of or inability to use the Application.
14.Privacy:
It may take the website of "Deluna" some reasonable measures (physical, structural, technological) for protection from unauthorized access to the information of your personal identity and to protect them safely, note that the Internet is not safe and cannot guarantee the privacy of your personal information, and “Deluna” website cannot control a third party practices (such as a site that displays the link to this website or a third party impersonating yourself or someone else), and you agree that the website of "Deluna" can use your personal information that you provide us in order to offer services and send advertising content to you; the Privacy Policy control collecting, processing, transferring and the use of your personal information.
15.Breach of Terms of Use:
Without prejudice to any of the rights or procedures for the website of "Deluna" under this User Agreement or under any law or other, website "Deluna" has the right to immediately and without any liability to limit your activity and reduce or cancel your membership.
You will be blocked from entering the website in those cases:
If you violate this user agreement.
If “Deluna” cannot verify or confirm any information provided by you.
If “Deluna” website ruled on individually that any of your actions may lead to legal charge against you or other users
“Deluna” website at any time as it deems appropriate to suspend users' previous pending suspension of their accounts.
The user who is excluded or suspended at any time Deluna” website in any way. Notwithstanding the foregoing, if you breach these Terms of Use, “Deluna” website may retract any monetary amounts or demand compensation for any damages or problems caused by the user and is entitled to take similar steps, including judicial and criminal proceedings, as it deems appropriate by the administration of “Deluna” website and when necessary, and in case that the “Deluna” website is unable to take any action against any violations by you or from any other person does not mean that the abandonment of application’s administration for its right to take any legal action of that violation or any other abuses or similar, “Deluna” website does not guarantee it will take such action against all possible violations of these Terms of Use.
16.Blocking access to the website and canceling your membership:
Without prejudice to any of the rights or procedures of “Deluna” website under this User Agreement or under any law or other, “Deluna” website’s administration is entitled to immediately and without any liability to limit your activity or cancel your membership or restrict your access to the website at any time without notice for any reason of the included reasons but are not limited to the violation of these Terms of Use.
17.No Warranty:
“Deluna” website and its services are provided in accordance with the rules as they are and as they are available without any demonstration or commendation, without any warranties or guarantees of any kind, whether expressed or implicit, including but not limited to guarantees of the address, appropriately for certain purposes, safety, accuracy and non-infringement. “Deluna” website does not provide clarification or warranty as to the accuracy, reliability or completeness of any content, information, software, text, images, links or communications provided by the website or through its use or that the operations on the website will be error-free or the sequence outage. ”Deluna” website does not guarantee that the defects are fixed or that the website and its services are free from viruses or anything else that may cause damage or destruction. This site may also be unavailable from time to time for repair, maintenance or business development. You agree that “Deluna” website is not committed to providing support for this application. You agree that you are using this website at your own risk.
18.Limitations of Responsibilities:
To the extent permitted by law the administration of “Deluna” website in addition to its staff, agents, affiliates and suppliers shall not be liable for any loses or damages of any kind whether direct, indirect, incidental, exceptional, consequential, or exclusive but not limited to damages resulting from loss of profits, reputation of the company, opportunities, data or other intangible losses resulting from or related to your use of the application, its services or the Users Agreement (except those resulting from negligence and others, and whether “Deluna” website has been advised to take responsibility for those losses and damages).
19.Compensation:
The user shall agree to compensate and defend “Deluna” website and its affiliates and the responsibility of its employees, agents and suppliers for damages resulting from any disputes, complaints, actions, actions, losses, reimbursements, or expenses (including costs and legal expenses), of any type resulting from your violation of the User Terms Agreement or violation of any third party laws or rights.
20.Relationships and notices:
All the terms and conditions mentioned in the User Terms Agreement do not constitute or establish a partnership or intermediary between you and “Deluna” website and you do not have the right to oblige the “Deluna” application" in anything and in any way.
21.Disagreements:
If there are disputes, complaints or differences (including damages or legislative complaints), “Disagreement” arising out of or relating to this User Agreement, including (without limitation) any questions regarding information, entity, domain, performance, interpretation, validity or termination of this Terms of Use Agreement or any questions related to the legal relations resulting from this User Terms Agreement or the effects of their invalidity. The parties shall attempt to resolve the dispute in peacefully at the beginning within a period of thirty (30) days maximum, starting from the date of sending one of the parties’ written notification of the dispute to the other party.
22.Transfer of rights and obligations:
You (the user) hereby grant the right to “Deluna” website and irrevocably acknowledge that the website of “Deluna” at any time may transfer all or part of its rights, obligations, benefits or responsibilities (expressed or presumed) under the User Agreement to its affiliates without recourse to your request for additional consent. “Deluna” website agrees to use all available endeavors to notify you of any transfer by posting on the website. You may not, at any time without prior written consent from “Deluna” website to transfer all or part of your rights, obligations, benefits or responsibilities (expressed or presumed) under this Agreement to the user without the prior written consent of “Deluna” application.
23.General Terms:
If any Clause of the User Agreement is found to be invalid or void or for any reason unenforceable, such as if the Clause is separable, this shall not affect the execution and validity of the remaining clauses in this document. This User Terms Agreement sets out in advance (as amended from time to time in accordance with the terms of that document) all the clauses of understanding and agreement between you and “Deluna” website taking into account the relevant issues.
No person who is not a part of this User Terms Agreement shall have the right to impose any condition, if this User Agreement is translated into any other language, whether within the website or not, the English text shall be considered as the original reference.
24.Governing Law:
This User Agreement shall be governed by and construed in accordance with the laws of the State of Kuwait and shall govern the termination or end of the User Agreement for any reason.