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TERMS AND CONDITIONS

Accessing this website and/or mobile application (collectively “Platform”) constitutes your agreement to the following Terms and Conditions (“Terms”). If you do not agree with these Terms, you may not access the Platform.
The Platform is operated by Build Online General Trading Company (“HomeWagon,” “us” or “we”). We are a company incorporated in Kuwait and our principal place of business is located at Office 3, 4th Floor, Wataniya Tower, Fahad Al Salem Street, Kuwait.

We reserve the right to revise these Terms at any time. As such, you should check these Terms periodically. Changes will not apply to any orders we have already accepted unless the law requires otherwise. If you violate any of the terms of these Terms you will have your access canceled and you may be permanently banned from accessing the Platform. If you access the Platform after we have posted changes to these Terms, such access shall constitute your acceptance of those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms were last updated.

PRIVACY

To view our Privacy Policy, please go to our privacy page to know more. We created the Privacy Policy to inform you about our collection and use of information we collect when you access the Platform.

COPYRIGHT

You acknowledge that the Platform contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Nothing contained on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Platform or any information displayed on the Platform, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Platform.

INTELLECTUAL PROPERTY INFRINGEMENT

We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, “Associates”) who supply some of the goods advertised on the Platform. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Platform, or items advertised on the Platform, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Platform, or items advertised on the Platform, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Platform. In order for us to investigate your claim of infringement, you must provide us with the relevant information by email to info@homewagon.com

TRADEMARKS

homewagon.com, HomeWagon and other marks which may or may not be designated on the Platform by a “™” “®” “SM” or other similar designation, are registered, pending or unregistered trademarks or service marks of HomeWagon in the State of Kuwait and other countries. Our graphics, logos, page headers, button icons, scripts and service names are protectable under applicable trademark and trade dress law. Our trademarks and trade dress may not be used in connection with any product or service that is not authorized by us in writing, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

PLATFORM ACCESS

You may not download (other than page caching) or modify the Platform or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Platform or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Platform or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Platform or any portion of the Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.

YOUR ACCOUNT

If you use the Platform, you are responsible for maintaining the confidentiality of the information you submit through the “My Account” feature and the corresponding password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under the “My Account” feature or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the Platform.

LINKS

We are not responsible for the content of any sites that may be linked to or from the Platform or any bulletin board associated with us or the Platform. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Platform is independent from us, and we have no control over the content of that other website. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

The Platform is provided on an “AS IS,” “as available” basis. We do not warrant that your use of the Platform will be uninterrupted or error-free. We do not warrant the accuracy, integrity, or completeness of the Content provided on the Platform, or the products or services offered for sale on the Platform. We make no representation that Content provided on the Platform is applicable or appropriate for use in locations outside of the State of Kuwait. We specifically disclaim warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Platform is at your sole risk.
Under no circumstances shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Platform, including but not limited to reliance by a user on any information obtained at the Platform, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. Further, we are not liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to lost opportunity costs, purchase of replacement product/s, and/or time of assembly) arising or resulting from your receipt of incorrect or incomplete product/s that you received as a result of a purchase on the Platform. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if one of our authorized representatives have been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Platform. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Platform, please refer to the manufacturer or Associates for details.
The products on our Platform are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.

ONLINE CONDUCT

You agree to use the Platform only for lawful purposes. You are prohibited from posting on or transmitting through the Platform any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Platform. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat, online review, or participation in our Community tab), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Platform. We may disclose any Content or electronic communication of any kind (I) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Platform; or (iii) to protect our rights or property, our users and customers and/or you.
We reserve the right, but not the obligation, to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Platform, Platform users, our customers, our rights or any third party. We assume no liability for any action or inaction with respect to conduct, communication, or Content on the Platform.

YOUR CONSENT TO NOTICES

You agree that we have the right to send you certain information in connection with the Platform. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Platform. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to access the Platform. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Platform, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Platform.

TERMINATION OF USAGE

We may terminate your access or suspend your right to access to all or part of the Platform, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.

USAGE BY MINORS

This Platform is not intended for or directed to persons who are under the age of 18. Because we cannot prohibit minors from accessing the Platform, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Platform, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all purchases be made either (I) by individuals who are not minors and who can legally enter into binding contracts, or (ii) by minors with the permission of a parent or guardian to purchase items on the Platform.

DISPUTES

 

The Kuwaiti courts will have jurisdiction over any claim arising from, or related to, a visit to our Platform. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Kuwait.

HOW TO ORDER THROUGH THE PLATFORM

After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Delivery Confirmation”). A contract with us will only be formed when we send you the Delivery Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Delivery Confirmation. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our third-party fulfillment provider's inventory.
  

PRICES, AVAILABILITY AND ERRORS

Products on the Platform are subject to change without notice. Errors will be corrected when discovered. Our Platform contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Platform may be incorrectly priced, the quantity or availability of a product may have changed just prior to you placing your order or other errors may be displayed on the product page. We will normally verify prices, availability and confirm there are no errors on the product page as part of our dispatch procedures.
Where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our Platform, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Delivery Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty. On very rare occasions, you may receive a Delivery Confirmation from us, but the product is no longer available in our inventory, or our third-party fulfillment provider's inventory. You agree that we may rescind our acceptance and cancel your order without penalty if the product you ordered is unable to ship due to unavailability.
We reserve the right to correct any errors, inaccuracies or omissions on a product page. We reserve the right to rescind our acceptance and cancel your order without penalty in the event there is an obvious and unmistakable error on the product page, in our reasonable discretion. If you have already received your order, we will do our best to resolve your concern.

Flooring terms and conditions

1- Before installing flooring customer must remove old flooring and the company is not responsible for removing flooring.

2- Any customized dimension not mentioned on the website is for extra cost. 

3- Supply duration and installation of flooring is maximum 60 days unless mutually agreed otherwise.

4- Customized orders are not eligible for refunds and/or returns.

5- Products are covered by warranty against normal use and not abnormal activity or intentional damage.

6- Customer will have to approve the color and model of product before installation and during measurements.

Doors  terms and conditions

Specifications

1. Door sash: composite wood surrounded by WPC profile laminated with PVC skin (water proof), profile width 10.

2. Frame &Architraves: WPC (waterproof& termite-proof) laminated with PVC skin.

Terms & Conditions

1. Price of handle and lock not included unless stated in attached price.

2. Production will only start after openings and flooring are complete.

3. Maximum dimensions for structural opening: (width110 cm, height: 225 cm), any order over the maximum dimensions are at an additional cost.

4. The final price includes the mentioned scope of work, any other additions (e.g. door closer, stopper, etc.) would be at variation cost.

5. For orders over 300 doors, color must be specified 120 days prior to installation date.

6. For Buildings: customers are responsible to lift up the doors.

7. Customers should notify us of site readiness upon writing.

8. Electricity on site should be provided by customer

9. Any changes in the dimensions, finish, and models will have a different pricing.

10. In case of increased wall thickness above 25cm, Additional cost is required.

11. Duration of supply and installation is 60 work days starting from the day the site is ready for final dimensions.

12. Total quantity can increase or decrease by 10% from the contract quantity, final quantity to be taken during the exact measurement stage and prior to the start of production.

13. In case of unorthodox openings during installations, a maximum gap of 5 cm is possible from each side of the opening, noting that the finishing and quality is under Faham Doors full responsibility and guarantee.

14. For installation of full architrave, a clear 10 cm wide wall fin should be available from all sides, if not; the architrave would have to be cut to fit in.

15. The project is considered complete after handover in 2 days, in case of no comments from the landlord / project manager.

16. All client-supplied accessories must be provided prior to installation, if the client fails to do so, then an additional installation charge will be implemented.

17. We shall endeavor to deliver the products purchased by the expected date. However, we shall not be responsible for delays in delivery for reasons beyond our control.

18. Specific delivery times cannot be guaranteed.

19. The client must receive the products for installation within 60 work days from the date of site readiness and the date that the exact measurements have been taken, if the client fails to do so, then the company has the right to charge 3% of the contract value per month for warehouse storage costs. Charges would be payable prior to installation

20. Products are covered by warranty for the specified time period, warranty does not cover any misuse and/or force major incidents. Clients must present the invoice or Contract for any maintenance work.

Delivery 

The term delivery, shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be delivered separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to deliver individual packages together so that they arrive at the same time; however, when that is not possible, we commence delivery by delivering individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has “delivered,” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. All packages sent have a separate tracking number and may be followed on the appropriate page. We reserve the right to redirect your shipment at any time prior to delivery, should we deem it necessary. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.

RISK OF LOSS

All items purchased through the Platform are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.

 


These Terms were last revised and updated on May 26, 2019.

You acknowledge that the Platform contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Nothing contained on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Platform or any information displayed on the Platform, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Platform.

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