Terms & Conditions
Terms and Conditions
If you have any questions relating to these terms and conditions, please contact email@example.com before you purchase. If you do not accept these terms and conditions, please do not use our Services.
1. Accessing our Services and Eligibility
Access to our Site and to our Services is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Services without notice. We will not be liable if, for any reason, our Site or our Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site or our Services, or our entire Site or Services to users who have registered with us. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact firstname.lastname@example.org straight away to let us know.
To ensure that our members are able to form legally binding contracts, we reserve the right to limit or withdraw access to the Services or the membership of any person if we believes that person is under the age of 18 years. The Services are not available to persons whose membership has been suspended or withdrawn by us.
2. Acceptable Use
You may use our Services only for lawful purposes. You may not use our Site or our Services in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Services or any network or equipment used in the provision of our Services.
3. Services Changes
We aim to update our Site and our Services regularly and may change the content at any time. If the need arises, we may suspend access to our Site and our Services, or close them indefinitely. Any of the material on our Site or our Services may be out of date at any given time, and we are under no obligation to update such material.
4. Suspension and Termination
We may immediately and without liability suspend or terminate service if you are in breach of this agreement by:
1. immediate, temporary or permanent withdrawal of your right to use our Services;
2. immediate, temporary or permanent removal of any posting or material uploaded by you to our Services;
3. issuing of a warning to you;
4. legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
6. Services Availability
We offer a platform to view and purchase Stock Items from our Partners throughout MENA. Each Partner has a prescribed delivery region. If you live outside the delivery region, a message will appear on screen notifying you that it is not be possible to purchase the Stock Item. Our aim is for our Partners to provide the ideal delivery Services possible. Unfortunately, things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. We will do our best to ensure that your purchase is delivered within the duration specified in the email.
When you purchase through our Services, an email thanking you for your purchase and confirming your purchase has been received and accepted by the Partner (the "Confirmation Email") will be sent to you by us on behalf of the Partner. The contract for the supply of any Product you purchase through us will be between you and the Partner, and will only be formed when you have been sent a Confirmation Email by us.
When browsing our Services the colors of products may vary depending on a few factors on your device display settings. While we use our best efforts to model the stock items to scale with the appropriate material, the stock items do vary in real life. In the event that stock items use natural materials such as wood, marble, stone or other organic finishes, our models display a typical look but each stock item is unique. For an accurate description of any product and details of what is included with the product, please read the product description.
Please ensure that you have given us a correct email address as this is how we will communicate with you about your purchase. Please also ensure that you provide an accurate address and telephone number to ensure that your purchase arrives to the correct location. If you do not open the door or respond to telephonic correspondence within 10 minutes of our delivery drivers physically reaching your address, we reserve the right to leave the premises. You will be charged for the Product and any additional delivery charges to arrange for an alternative delivery date. That Designs seek to provide quality Services and will be the first contact in the event there is a problem with your purchase. We do monitor our Partners very closely and it is of utmost importance to us that they comply with our standards and help us maintain our reputation. Please let us know if you have any comments relating to our Partner or in respect of the purchases by emailing or calling us.
You have the right to cancel a purchase within a reasonable time and before the Stock Item has been dispatched. That Designs and the Partner may cancel any purchase and will tell you once we cancel a purchase and will tell you the reason for cancellation. You will not be charged for any purchases cancelled in accordance with this clause. Any payment made prior to a purchase being cancelled by That Designs or a Partner will be reimbursed using the same method you used to pay for your purchase and the refund will be within Seven working days. Any purchase cancelled after the Stock Items have been dispatched can be returned in line with the refund policy stated below.
8. Price and Payment
The price of any purchases will be listed on our Services. Prices are liable to change at any time, but changes will not affect purchases in respect of which you have been presented with the Confirmation Email, in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your purchase once we notify you. Despite our best efforts, some of the purchases listed on our Services may be incorrectly priced. The relevant Partner will normally verify prices as part of the purchase process. Payment for all purchases can be made by credit or debit card through our Services. Once your purchase has been confirmed your credit or debit card will have been authorized and the amount marked for payment. Payment is made directly to us and is subsequently passed on by us to the Partner. We are authorized by our Partner to accept payment on their behalf and payment of the price of any Product to us will discharge your obligations to pay such price to the Partner store.
We care about customer satisfaction. If there are problems with your furniture items, please contact us and we will assist you.
As part of the "Buyer Protection Program" which seeks to assist customers to ensure their purchase is protected, we will issue full or partial refunds in line with the Partners refund regulations as deemed acceptable by country of operations. To be eligible under the Buyer Protection Program, you should file a complaint with us within 48 hours of receiving (or not receiving) the relevant stock item.
10. Payment Data Policy
If as a credit or debit card user, you select to save your credit or debit card user data, your data will be cached locally on your device. You have the option to accept or decline to save your data in this manner. Whenever you update your data, your cached data will be updated automatically. At any time, you can disable this feature and remove your data through your profile settings. Where you have selected to save your data as specified above, such selection is entirely at your own risk and you irrevocably waive any rights you may have under any laws regulations or otherwise, now or in the future to make any claims, demands or take any legal actions against us, our employees, agents, affiliates, or contractors (together the “Releasees”) in connection to your data including (without limitation) any claims demands or actions for any accessing, theft, processing or tampering with the data. You also agree to hold harmless and indemnify each and every one of the Releasees from and against any claims of whatsoever nature and howsoever arising, including legal expenses and costs, which may be made now or in the future against them by you and/or any other party, in connection with any of the matters recited above.
11. Intellectual Property Rights
We are the owners of or the licensee of all intellectual property rights in our Site and our Services, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
12. Our Liability
To the extent permitted by law, we provide our Services and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Services, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither That Designs nor any Partner shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Services. In the event that That Designs or the Partner is found to be liable to you our total aggregate liability is limited to the purchase price of the Product you have paid for in your purchase. This does not include or limit in any way That’s or any Partner’s liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation. There are some partners where That Designs' role and responsibility is solely acting as an intermediary between the customer and the products in exchange only for the delivery fee, without any liability to the entity of origin as it relates to the delivery. That Designs is only an intermediary and it’s not responsible for the manufacturing of the items. The Partner may offer an alternative for any Product they cannot provide you with.
13. Information about you and Use of our Services
14. Governing Law
Any claims (including non-contractual dispute or claims) arising from, or relating to, the use of this site or our Services shall be governed by and construed in accordance with the applicable local law of the country in which the claim has arisen, and the local courts of that country shall have exclusive jurisdiction. For example, if the claim arises in Kuwait then the laws of Kuwait apply, and the Courts of Kuwait shall have exclusive jurisdiction.
15. Force Majeure
No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.
16. Changes to the Terms and Conditions
We may change this agreement from time to time by amending this page. The modified agreement will be effective immediately upon posting on the Service. If we make significant changes that affect you, we will provide you notice of such changes through the Site, the App, by email, or some other means of contact.
17. How to Contact Us
We always want to hear from our customers - especially with questions, comments or concerns about our services, partners and practices. Please don't hesitate to contact us at That Designs, Plot 106, Ali Al Salem Street, Jibla, Kuwait City or call us on (+965) 6585-8511.