TERMS OF SERVICE
INTRODUCTION.
Feda General Trading W.L.L is an online handmade jewelry retail store. The jewelry is designed by Feda Alawadhi. The pieces are made with gold, diamonds, and precious gems, etc.
These are our general Terms of Service that govern the relationship between Feda General Trading W.L.L (“Company”, “we”, “us”) and any person who buys any product(s) from the Company, or uses our services and website (“the User” or “you”).
(“Website”) means a set of related web pages located under https://byfida.com/ domain name, created by the Company as a digital platform to make accessible the services offered by the Company’s best legal and certified sources to the client. You agree that by accessing the Website, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Website and you must discontinue use immediately.
USE OF WEBSITE
The Feda General Trading W.L.L Services are not available to persons under the age of 18.
BY USING THE WEBSITE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE WEBSITE SERVICES.
PRIVACY NOTICE
Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information.
USER REPRESENTATION
By using the Website, you represent and warrant that all information you submit will be true and accurate and that you will maintain the accuracy of such information by updating any such information as is necessary; you agree to comply with these Terms of Service.
USER REGISTRATION
Registering an account on the Website requires personally identifiable information, such as your name, email address, phone number, home address, civil ID number or passport for non Kuwaiti users. This information submitted is protected by our Privacy Policy.
You are responsible for the confidentiality of your password and agree not to disclose your password to any third party. You are solely liable for any activities or actions taken under your login and password by you or by any third party, whether intentionally or negligently. The Company shall not be liable for any loss or damage arising from any fraudulent use of your account by not safeguarding your password.
Usage of the Website is completely free.
COOKIES
We use “cookies” to help you personalize the use of our Website. Cookies are text files, containing small amounts of information, which are downloaded to your browsing device (such as a computer or smartphone) when you visit a Website. Cookies can be recognized by the website that downloaded them — or other websites that use the same cookies. This helps websites know if the browsing device has visited them before. We use cookies to collect information about how you use the Website, for example which pages you go to most often and if you get error messages from certain pages. These cookies don’t gather information that identifies you. Also, we use cookies to allow the Website to remember choices you make (such as your user name, language or the region you access the Website in or post/apply jobs from). The information these cookies collect may be anonymous and they cannot track your browsing activity on other websites.
ITEMS
All items are made to order. Items could be customized by your request. The Company has the right to
sell and resell any design that was executed for any client at any point in time.
PAYMENT
Upon receiving your order through the Website, we carry out a standard authorization check on your major debit/credit card through the Hesabe Merchant payment gateway or K-NET to ensure there are sufficient funds to fulfill the transaction. Your card will be debited once authorization is received. The monies received by the debiting of your card shall be used as consideration for the value of the products you have purchased. You will be sent a confirmation email. All transactions are secured.
EXCHANGE
You may exchange a product due to a variant mistake, including but not limited to, size, fit or color. Exchange is acceptable within the first 24 hours of item delivery to the client. In the event that you made this mistake then all expenses to return and deliver the exchanged product are to be incurred and paid by you. If the item has lost bits and pieces there will be an extra charge to complete it. Please note that all exchanges are subject to the Kuwaiti Consumer Protection Department policies and as such, some items are not eligible for exchange. Please contact the aforementioned department for an extensive list of non exchangeable products.
REFUND
In the event a product is delivered damaged or not what was described on the Website, and you aren’t satisfied with the return, we will refund you within the first 24 hours of items received by the client. Shipping charges are not refundable. Customized pieces, Linguistic Collection pieces, Portrait Collection pieces and/or any personalized items will not be refunded under any circumstances unless. Please note that Refund Policy is subject to the Kuwaiti Consumer Protection Department policies.
SHIPPING
Any items purchased from the Website are delivered to a local delivery firm. Once you have confirmed your order, it might not be possible to edit it. If you want to change some parameters such as Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best on a case-by- case basis.
Delivery will take between 1-6 weeks depending on the item. In the case of any unexpected delays, you will be informed five (5) days prior by email.
The risk of loss of, damage to and title for items pass to you upon our delivery to the carrier. It shall be your responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the item(s) was delivered. In such cases, we will not make any refunds and will not resend the item(s). The risk of loss of, damage to and title for gifts will pass to you when you or a third party indicated by you has acquired the physical possession of the items.
The items will be shipped with the applicable shipping/freight costs paid by you. Freight charge will be based on actual charges at time of making the purchase. Shipping/freight costs are not refundable.
Orders can be placed by international users.
THIRD PARTIES
Any reference to any third party on the Website is provided to you for informational purposes only. Company encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While we work to ensure the information on the Website is current and accurate, we do not warrant the accuracy of any information contained on the Website or its fitness for any particular purpose.
INTELLECTUAL PROPERTY
The Website and all content therein are exclusively owned, controlled, or licensed by the Company and its subsidiaries or affiliates. The Company’s name, logo, sign, trade name, or any other trademark used in the connection with the Website and or the services of the Company, may not be used without prior permission from the Company.
PROHIBITIONS
You will not use the Website to communicate, post, or share information that is abusive, defamatory, fraudulent, contains adult content and/or child pornography, advocates hatred against any person or a person of a protected class based on race, creed, color or sexual orientation such as bullying, racism, bigotry or any other offensive subject matter, or contains a reference or link to a third party site that may contain such material.
You will not misuse the Website. You will not commit or encourage a criminal offense and/or illegal activity; will not access the Website through automated or non-human means; transmit or distribute a virus, trojan, worm, logic bomb, or any other material which is malicious and/or technologically harmful, in breach of confidence or in any way obscene; hack into any aspect of the Website; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and the Company will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
DISCLAIMER OF LIABILITY
The Company nor its affiliates or subsidiaries are not responsible for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to: viruses or other malicious software obtained by accessing, or linking to, our Website or Website Services; glitches, bugs, errors, or inaccuracies of any kind in our Website or Website Services; damage to your hardware device from the use of the Website or Website Services; your reliance on the quality, accuracy, or reliability of job postings, recommendations, composite information, or metrics found on, used on, or made available through the Website. The Company nor its affiliates or subsidiaries, are not responsible for any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of data.
MODIFICATION OF TERMS
The Company reserves the right to modify these Terms of Services at any given time. Should there be any alterations, the company may notify you at its absolute discretion. Please check this Terms of Service periodically. You agree that we will not be liable to you or any third party for any modifications to this Terms of Service.
TERMINATION
You may deregister your account at any time if you so choose. At your request, the Company may deregister your account on the Website. Any sums that were paid for purchasing points are not refundable. The Company reserves the right to terminate your account at any time pursuant to any breaches of this Terms of Service committed by you.
INDEMNITY
You agree to indemnify, defend and hold harmless the Company, its officers, directors, owners, partners, employees, agents, suppliers, and any third party information provider to the Website from and against all losses, expenses, damages, and costs, including attorney’s fees, resulting from any violation of these Terms of Services; including negligent or wrongful conduct by you or your use and access of the Website.
COMPLAINTS AND FEEDBACK
Should you have any complaints whatsoever, please email us at Feda@byfida.com or CustomerCare@byfida.com. You agree to assist the Company to facilitate the resolution of complaints.
COMMUNICATIONS
By visiting the contact page on our website: https://byfida.com/ , or on Instagram @byfidaalawadhi, and/or sending an email, you agree to exchange communication with us electronically. You agree that acceptance of our offer and any other Agreement formation is valid through electronic communication.
SEVERABILITY
If any provision of this Terms of Service or the application thereof in any particular circumstance, is held illegal, invalid, or unenforceable, such illegality, invalidity or unenforceability shall not affect any other provision hereof and the remaining provisions of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
FORCE MAJEURE
The parties to this Agreement will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.
JURISDICTION
These Terms of Service of the Website will be governed by and construed in accordance with the laws of the State of Kuwait, applicable to agreements made and to be entirely performed within the State of Kuwait.
DISPUTE RESOLUTION
Any dispute or claim relating in any way to your use of the Website shall be resolved first by internal negotiations. If you have any dispute or claim whatsoever, please email us at CustomerCare@byfida.com or feda@byfida.com . In the case that the disputes are not resolved through negotiations within one (1) month, they shall be resolved by the courts of the State of Kuwait. We both agree to the provisions of this clause.
