Terms and Conditions

Welcome to https://www.thekur.com (the Website).

 

This Website is operated by theKUR FZE (THEKÜR). Throughout the Website, the terms “we”, “us” and “our” refer to THEKÜR, and “you”, “your” and “user” refers to you, the user of the Website.

 

We offer this Website, including all information, tools, and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

 

By visiting our website and making purchases on our platform, you engage in our services (Services) and agree to be bound by the following terms and conditions (Terms of Service or Terms), including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, customers, contributors of content, and everyone that accesses the website.

 

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features that are added to the website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

 

1.  ACCESS & USE

 

1.1 You are eligible to register on the website and benefit from the services if you are above the legal age for purchasing products in your country of residence.

 

1.2  In order to register to the Website, you will need to provide us with certain information. Your registration to the Website may not be accepted if you do not provide us with the required information. We reserve the right to decline any registration without further explanation. We reserve the right to undertake such required checks that are necessary to verify your identity.

 

1.3 Once you have successfully completed registration, your registration shall continue for an indefinite period, subject to suspension or termination per these Terms of Service.

 

1.4 If you set up an account on our Website, you must treat your login details as confidential. You must not disclose them to any third party.

 

1.5 We have the right to disable any account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.

 

2.  THEKÜR’S ROLE

 

2.1 We are an e-commerce website for beauty and lifestyle products. You acknowledge that we source beauty and certain products from various brands and directly sell the products on the Website. By buying our products through our website you acknowledge and agree that we are not responsible for and do not warrant or make any representations regarding the merchantability, defects, or fitness for purpose of any products listed on the Website (please also read section 14 () for further details). However, we shall assist you with claims of ordinary processes associated with the products like delivery, returns, refunds, damaged and broken products, delivery of expired products, etc. 

 

2.2 We will endeavour to provide product labelling information; however, since we are not the manufacturer of all of the beauty and lifestyle products we sell, users are advised to read and strictly follow the label, all packaging inserts and instructions, and all manufacturer directions and warnings.

 

2.3 Prices, details, images, and specifications for the products listed are subject to change without notice.

 

3.  MODIFICATION TO THE SERVICE

 

3.1 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

3.2 We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

 

4. ORDERS

 

4.1 Please note that there are cases when an order cannot be processed for various reasons. We reserve the right to refuse any order you place with us at any given time. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same user account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

4.2 We are determined to provide the most accurate pricing information on the Website to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

 

5. ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

5.1 You agree to provide current, complete, and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, like your email address and shipping addresses so that we can complete your transactions and contact you as needed.

 

5.2 We do not accept payment by cheque.

 

5.3 Cash on delivery is available within the UAE with a fee as may be prescribed by our delivery partners for fulfilling each order.

 

5.4 You may not claim against THEKÜR for any failure, disruption, or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the buyer or giving any reason.

 

5.5 All payments for the purchased products must be made using the payment methods made available on the Website. We shall not be held responsible for any losses which may arise from payments made directly to unauthorized Third-Party vendors or through payment methods that are made available apart from the payment methods on our platforms.

 

5.6 Electronic transactions entered into on the Website shall be protected by encryption technology. We have partnered with secure payment gateways whenever required to complete a transaction.

 

5.7 Our Website cannot directly interfere with the payment gateway mechanism. We have no access to the information that you may enter for making the payment through the payment gateway. We do not endorse the working of the payment gateway, nor are we liable for any failure of products or services offered by such payment gateway. Such payment gateway may have a privacy policy and Terms of Service policy different from that of ours. All failures, errors, and omissions of the payment gateway shall be solely on the payment gateway.

 

5.8 All payments by you, under the terms of this Agreement shall be inclusive of any Value Added Tax (VAT) chargeable in respect of the supply of products and services.

 

5.9 Any occurrence of customs, related duties, fees and associated costs shall be incurred solely the User.

 

6. YOUR ORDER CANCELLATION RIGHT

 

6.1 You are entitled to cancel your order within 24 hours without giving any reason for doing so, or until your order has been shipped. If your order has been shipped you cannot cancel it.

 

6.2 To exercise your right of cancellation, you must inform us of your decision by sending us an email or canceling it from our website

 

7. DELIVERY

 


We use delivery partners to fulfill your orders and deliver the orders to your chosen location.  The normal processing time for orders is 48 hours during business days (Sunday-Thursday). After your order has been shipped, delivery time shall vary between 5-7 days. Please keep in mind that during holidays or limited edition launches and restocks, this time may vary.

 

8. RETURNING PRODUCTS

 

8.1 Due to health and safety reasons, we do not accept exchanges, returns or refunds for items once they are shipped. 

 

8.2 If you have any questions about our returns and refunds policy, please contact us by email: customercare@thekur.com

 

9. REFUNDS

 

You can always cancel your order any time before your order is processed, to avail a full refund. Refunds can take up to 7 business days depending on your payment method. Please note, once the item has been shipped, we cannot revert the transaction. 

 

10. DEFECTIVE OR WRONG ITEMS

 

If you received a wrong or defective item, you can contact our customer support team via customercare@thekur.com with your order number.

 

 

In order for the Goods to be eligible for a return, please make sure that:

 

a.     The products were purchased in the last 14 days

b.     The products are in the original packaging

c.      Only regular priced products may be refunded. Unfortunately, products on sale cannot be refunded.

 

11. INTELLECTUAL PROPERTY RIGHTS

 

11.1 All of the text, images, logos, software, trademarks, service marks, intellectual property, or other material (Intellectual Property) in the Website belong to us or our licensors. You will not copy or transmit any of the Intellectual Property except for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on the Website must appear on all copies you print. All rights not expressly granted herein are reserved.

 

11.2 Any other use of materials on the Website including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display, or performance without the prior written consent of THEKÜR is strictly prohibited.

 

12. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

 

12.1 The content on our Website is provided for your personal, private and non-commercial use only. You may print or share the content from our Website for lawful personal, private and non-commercial purposes. You may not otherwise extract, reproduce, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or distribute the content of our Website without our prior written consent

 

12.2 You may be able to post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

 

12.3 You are obligated to not use a false e-mail address, impersonate any person or entity, or otherwise mislead anyone by the content you post. We reserve the right to remove or edit such content. If you believe that any content on the Website contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on the Website, please notify us by sending an email to customercare@thekur.com.

 

12.4 If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the Website (including any images, video or audio, all together "content", you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, create derivative works from, distribute, make available, translate, and modify such content throughout the world in any media. You grant THEKÜR and its sub-licensees the right to use the name that you submit in connection with such content.

 

12.5 You can request that we remove content or information that you have posted on a public page on some of our websites (such as part of a Ratings & Review by e-mailing details to Customer Service at customercare@thekur.com). Please note that while we will endeavour to honor your request, our removal of your content or information does not ensure complete or comprehensive removal of that information from our website. For example, historical copies, or “caches,” may remain.

 

12.6 You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; and that use of the content you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).

 

12.7 We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assumes no liability for any content posted by you or any third party.

 

12.8 We are not liable for any statements, representations, or content provided by users and/or brands in any public forum on the Sites or any third-party site. We cannot guarantee the accuracy, integrity or quality of such content.

 

13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

13.1 We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods or cancel the service at any time, without notice to you.

 

13.2 You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service are (except as expressly stated by us) provided 'as is' and 'as available for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

13.3 We provide the site, the content and the products on an "as-is" basis and makes no representations or warranties of any kind, express or implied, with respect to the operation of the sites or the information, content, materials or products on the website. To the fullest extent permitted by law, we disclaim all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, we do not represent or warrant that the information on the Website is accessible or accurate, complete or current. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws.

 

13.4 In no case shall THEKÜR, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

13.5 The products sold through THEKÜR are not for the purpose of any treatment, and do not claim to have a medicative value or are to be used to prevent any condition or disease. If any minor is to use products from THEKÜR it should only be used after the minor's legal and/ or parental guardians have had discussed the product with the minor's doctor.

 

13.6 Use of the Website products and reviews on the Website is not meant to serve as a substitute for professional medical advice. Please consult with your general physician regarding the use of any goods, products, or information received from the website reviews. Your physician should address all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to the medical-related question. No prescription medications or medical treatments are intentionally provided on the website. If you need medical attention, call your physician immediately.

 

14. DISCLAIMER OF LIABILITIES

 

14.1 We will not be liable for any damages of any kind arising out of or in connection with the use of the Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Our sole and entire maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the products you have ordered through our site.

 

14.2 By buying products through our Website, you acknowledge and agree that we do not carry any product liability in relation to manufacturing. The terms of the manufacturer’s product liability are found in the products package or in the notice that accompanies the products.

 

15.  INDEMNIFICATION

 


You agree to indemnify, defend and hold harmless THEKÜR and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

 

16. TERMINATION

 

16.1 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by deleting your account on our Website, or when you cease using our Website. We may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) and/or, if you are a registered user, by cancelling your account and your access to your account.

 

16.2 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

16.3 The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

 

17.  ERRORS, INACCURACIES AND OMISSIONS

 

17.1 Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).

 

17.2 We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website should be taken to indicate that all information in the Service or on any related Website has been modified or updated.

 

18.PROHIBITED USES

 

18.1 In addition to the other prohibitions as outlined in the Terms of Service, you are prohibited from using the Website or its content:

(a)    for any unlawful purpose;

(b)    to solicit others to perform or participate in any unlawful acts;

(c)    to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;

(d)    to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e)    to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f)     to submit false or misleading information;

(g)    to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other Websites, or the Internet;

(h)    to collect or track the personal information of others;

(i)     to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j)     for any obscene or immoral purpose; or

(k)    to interfere with or circumvent the security features of the Service or any related Website, other Websites, or the Internet.

 

18.2 We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited use.

 

19. OPTIONAL TOOLS

 

19.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

19.2 You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

19.3 Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the Terms on which tools are provided by the relevant third-party provider(s).

 

19.4 We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

20.  THIRD-PARTY LINKS

 

20.1 Third-party links on this Website if any may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties.

 

20.2 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party

 

21. NOTICES

 

All notices sent by you to us must be sent by email to info@thekur.com. We may give notice to you at either the email or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped, and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressee.

 

22. GOVERNING LAW AND DISPUTE RESOLUTION

 

22.1 These Terms of Service shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC).

 

22.2  Any dispute, difference, controversy, or claim arising out of or in connection with this Terms of Service, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge, and applicable remedies shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (the DIFC Courts).

 

23. GENERAL

 

23.1 If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

23.2  The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

23.3  These Terms of Service and any policies or operating rules posted by us on this Website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

23.4 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

23.5 All provisions that either expressly or by their nature survive, will survive suspension or termination of your membership of the Website.

 

24. CONTACT INFORMATION & GENERAL

 

Questions about the Terms of Service should be sent to us at customercare@thekur.com