CUSTOMER TERMS
This Customer Terms sets out the terms and conditions on which the Products are sold to the Customers through the Marketplace that is owned and/or operated by Forus or any of Forus’s companies. This Customer Terms, together with the Site Terms of Use, the Privacy Notice and the Cookie Notice, and any additional terms as decided by Forus, as updated or amended by Forus from time to time, form the Agreement of sale to the Customer.
Capitalized terms used in the Agreement have the meanings given to them in the Definition Section of this Customer Terms. If there is any conflict between the documents forming the Agreement, the prevalence shall be for this Customer Terms, the Site Terms of Use, the Privacy Notice and then the Cookie Policy.
1. AGREEMENT AND SELLERS
1.1By submitting an Order through the Marketplace, the Customer agrees to be bound by the Agreement. It is strongly advisable, and it is the Customer’s sole responsibility, to read the Agreement before submitting any Order on the Marketplace. In addition, Forus reserves the right to change the terms of the Agreement at any time. Any such changes will be deemed to have taken effect when posted on the Marketplace.
1.2To submit an Order, the Customer can create an Account on the Marketplace or can check out as a guest. For more information on the Account creation, the Customer must refer to the Site Terms of Use. Forus reserves the right to cancel any Order and close an Account, in case the Customer breaches the Account creation terms as set out in the Site Terms of Use.
1.3The Products made available through the Marketplace are either sold by Forus or by other Sellers through Forus.
2. PRICES AND ORDERS
2.1 The Customer agrees to pay the full amount for the Product as indicated in the Product Description at the time of the Order receipt on the Marketplace, in addition to any service charges and shipping charges or other charges that may be applicable to the Order. While Forus aim for that all prices of the Products to be accurate at all times, it is possible that errors may occur. If an error in the price of Products was discovered, Forus will at its sole discretion either (1) inform the Customer as soon as possible and give the Customer the option of reconfirming its Order at the correct price or canceling such Order or (2) cancel the Order and process the refund in case the payment was already made by the Customer. The Customer acknowledges that this is the sole recourse that the Customer is entitled to in case of a pricing error.
2.2 All prices are shown in Kuwaiti Dinar and excludes taxes (if applicable), shipping and installation charges, unless expressly stated otherwise in the Agreement.
2.3 Once the Order is successfully submitted and accepted on the Marketplace, the Customer will receive an Order confirmation via Email or SMS WhatsApp with the Order details. The Customer acknowledges that Forus may not retain all Order details, therefore, it is advisable for the Customer to retain the Order details and the Email or SMS or WhatsApp confirmation for its record.
2.4 The risk of loss and damage of the Products shall pass to the Customer upon the first attempt of delivery of the Products to the Customer’s address as specified in the Order. The title of the Products shall remain with Forus or the Seller (as the case may be) until the payment of the Product is made and received in full. Forus reserves the right to cancel any Order at any time before dispatching the Order.
3. PAYMENT
3.1 The Marketplace offers several types of payment, such as via KNET, VISA, Mastercard, Apple Pay or Cash, which may vary as per Forus’s sole discretion. The applicable type of payment for an Order will appear at the last stage before submitting the Order.
3.2 In case of payment via card, whether at the time of Ordering or delivery, by placing an Order, the Customer authorizes Forus or its third-payment payment processer to process and validate the card details for the amount of the Order. To ensure that the card is not being used without the Customer consent and to validate the card and the Customer’s details, the Marketplace will direct the Customer to the payment gateway page that will ask the Customer to enter its card details as required by the payment gateway operator. Furthermore, the payment gateway operator may validate the card details along with other information provided by the Customer against the payment gateway operator databases.
3.3 Responsibility to validate the Customer and its card information, and to rightfully authorize the transaction deducting payments from the card lies with the respective payment gateway operator and /or the issuer bank of the card and as per their terms and conditions. Forus is not liable for any losses or damages occurring out of fraudulent transactions happening due to attacks or breaches on any payment gateway operator, attacks or breaches on issuer banks, or due to Customer’s card details, PIN verification details, password verification details or any other details authorizing purchase on the payment gateway being acquired by persons of malicious intent or persons who may not be the rightful owners of the card.
4. PRE-ORDERS
4.1 For the Products sold by Forus, Forus may, at its sole discretion, prior to the launch of a new Product, allow the pre-Ordering by the Accounts’ owners for such new Product in advance. Payment for the pre-Ordered Product must be made in full while pre-Ordering.
4.2 In addition to this Customer Terms, the pre-Order may be subject to additional terms, and in case of any inconsistency between this Customer Terms and the additional terms, the latter shall prevail unless decided otherwise by Forus.
4.3 The official launch date for the pre-Ordered Product will appear on the Product Description and may be also published on the Marketplace. Standard delivery timelines will commence as soon as the pre-Ordered Product is available.
4.4 Active online discount promotions running during a period that is prior to the release date of the pre-Order are inapplicable on the pre-Ordered Product. Online discount promotions will not be applied on pre-Orders of which the release date of the pre-Order does not coincide with the promotion.
4.5 Forus reserves the right to change the release date as it deems fit without any liability toward the Customers. Furthermore, Forus reserves the right to cancel all pre-Orders without any liability to the Customers except for the refund of their payment as per Forus’s refund terms.
5. EASY CREDIT
5.1 For the Products sold by Forus, Forus may through one of installment’s companies, at its sole discretion, offer the Easy Credit option. The Customer acknowledges and agrees that the Easy Credit prices appearing on the Products Description are approximate and subject to change due to several factors, such as the Customer’s credit status and history and the Ci-Net regulations.
5.2 Furthermore, the Customer acknowledges and agrees that the provision of the Easy Credit, its prices and installments and the Customer’s eligibility are subject to additional terms and conditions that will be provided to the Customers to conclude the Easy Credit sale; and in case of any inconsistency between this Customer Terms and the additional terms, the latter shall prevail unless decided otherwise by Forus.
6. TRADE-IN
6.1 For the Products sold by Forus, Forus may at its sole discretion, offer the Trade-in option. The Customer acknowledges and agrees that the Trade-in calculation appearing on the Marketplace are approximate and subject to change due to several factors, such as the actual status of the used product.
6.2 Furthermore, the Customer acknowledges and agrees that the provision of the Trade-in, its calculation and the Customer’s eligibility are subject to additional terms and conditions that will be provided to the Customers to conclude the Trade-in transaction; and in case of any inconsistency between this Customer Terms and the additional terms, the latter shall prevail unless decided otherwise by Forus.
7. DISCOUNT COUPONS AND GENERAL PROMOTIONS
7.1 from time to time and as part of Forus promotional activities, Forus may, at its sole discretion, issue online discount coupons to Customers that hold Accounts on the Marketplace, which can be redeemed solely by the Account owner, or apply discount or promotional sales for certain or all Products sold by Forus on the Marketplace. The online discount coupons and the discount or promotional sales may have additional terms to be applicable aside from the one stated in this Customer Terms; and in case of any inconsistency between this Customer Terms and the additional terms, the latter shall prevail unless decided otherwise by Forus.
7.2 Online discount coupons are exclusively redeemable for products listed by Forus on the Marketplace, irrespective of whether Forus itself owns those products or they are sold by other sellers. Furthermore, the discount coupons are valid during the promotional periods for which they are issued as indicated in their terms.
7.3 Discount coupons cannot be partially used, used twice or exchanged for shopping credit.
7.4 Forus reserves the right to suspend, stop or exclude without any advance notice, the use of one or all discount coupons on special promotions that it offers on the Marketplace from time to time.
8. WARRANTY TERMS AND CONDITIONS
8.1 All used electronic devices sold through Forus will be covered under 30 days manufacturing warranty. the Customer acknowledges and agrees that Forus’s liability under this warranty is strictly limited to the repair or replacement of the Product, at Forus’s sole discretion, as deemed appropriate. The below terms apply to the warranties of all Products sold by Forus:
8.2 In addition, for the Products sold by Forus, Forus may provide the Costumers with the option of purchasing an extended warranty program that it is subject to a separate set of terms. The additional warranty does not cover the labor charges, transportation, consumable materials, which should be paid by the Customer.
8.3 The Customer acknowledges and agrees that any repair of Products done after the lapse of the warranty period will be charged. In addition, any provided repair service out of warranty will be covered in other warranty for a period of one month after it has been returned to the Customer (or the first attempt to return it to the Customer), in relation to the same failure the Product was repaired.
8.4 The below events or items are excluded from warranty coverage for LCD, Plasma TVs, DLP Projectors and LDP TVS:
8.5 All Products for which Forus is the distributor or the agent of and that are sold by Forus, can be replaced with new Products, if during the manufacturing warranty period the Forus service center is not able to repair. Such inability should be stated in the Forus technical report. And in case the same model is not available, the Customer may select another model as provided by Forus and paying the difference in prices if any.
9. DELIVERY
9.1 This Article 9 applies only for Products sold by Forus or sold by Sellers, but the delivery is fulfilled by Forus, Forus will procure reasonable efforts to contact the Customer prior to the delivery to schedule it. The payment and receipt of the Order should be done by the Customer that holds the Account, the Customer shall present a proof of identity as and when requested by Forus’s appointed delivery partner.
9.2 In the event where the Customer is not at the delivery address as specified in the Order, the Order will be returned to Forus’s warehouse, and the Customer must contact the Forus customer care to schedule another delivery. In case the Customer does not contact the customer care within a reasonable time to be decided by Forus to reschedule the delivery, the Order will be deemed cancelled.
9.3 The Customer acknowledges and agrees that exact delivery time depends on the accuracy of the delivery address details that the Customer provides. Forus will deliver the purchased Products as soon as possible from the time of order confirmation.
9.4 The Customer will have the opportunity to review, change, update or add delivery address details every time it places an order.
9.5 While Forus will procure reasonable effort to deliver the Orders within the estimated delivery time and preferred time; however, Forus shall be under no liability for any delay or failure to deliver the Orders within the estimated delivery time or the preferred time.
9.6 Timeline to deliver the Orders and its charges may vary per delivery area, the season, the Products and the delivery option, which will be determined at the time of the sale. The below terms are provided for indication only:
A 1.000 KD delivery charge applies which is non-refundable in the event of wrong delivery details or the Customer being unreachable via the provided contact number.
Delivery performed under 4-Hours Express Delivery cannot be rescheduled. If a reschedule is required, please contact Forus call center on 41033600 / 55003321 and the Order will be deferred to the regular delivery schedule.
The 4-Hour Express Delivery is not available for the following areas:
- Al Wafrah - Sabah Al Ahmad - Nuwaiseeb
- Khiran - Port of Shuaiba - Mina al zour
- Bnaider - Mina Abdullah Refine - Dubaeya
- Al-Julaia'a - Ali Sabah Al Salem - Shuaiba
- Mina Abdullah - Umm Al Hayman - Om Al Naqui
- Umm al Aish - Al Khiran Pearl City - Shumaymah
- Sebya - West Industr Shuaiba - Al Maghasil
- Kabed - Shalayhat Al Dubaiya - Residential Khairan
- Al Matla` - Ali Al Salem Airbase - Abdali - Salmy
9.7 Order can be delivered only in Kuwait and must be signed upon delivery by the Account owner or its representative who must be an adult aged 21 years or over. The Customer must ensure to give the correct delivery address that will enable prompt and timely delivery to the Customer which should at least include the governorate, block number, street number building number, the contact person and the contact person number.
9.8 If there is a change in the delivery address or schedule after the Order confirmation, the Customer must contact the Forus customer service center .
9.9 The Customer will be informed of the status and time of its delivery. Forus will try to contact the Customer before scheduling delivery to provide information on delivery timings. Forus will use its reasonable efforts to accommodate the Customer’s preferred delivery timings and date. However, the Customer acknowledges and agrees such timings and dates are for indicative purposes. The actual time of delivery may vary due to various uncontrollable delays that may occur.
9.10 In case of absence of the Customer, delivery is considered complete, if any family member or home house-maid/driver domiciling at the same address of the Customer signs the invoice/delivery note. Products are considered as delivered in a good condition upon the acceptance of the delivery note by the Customer or its representative.
9.11 Purchased Products but not requested to be delivered or failed to be delivered due to the absence of the Customer will be sold after the lapse of one (1) month as of the purchase date and in this case, Forus will refund to the Customer the invoice value after deducting 10% of it.
10. RETURN AND REFUND
10.1 For the Products sold by Forus, Forus is committed to provide its Customers with good quality Products. Nonetheless, there may be occasions when the Customer needs to exchange or return the Products, such return or exchange will only be acceptable if it is done as follows:
A) Forus offers the convenience of using and trying used electronic devices after purchase for 24 hours. If the device does not match the specifications mentioned on Forus’ electronic platforms or if any defects are found, customers can easily return the device, and Forus will fully refund the purchase amount. Provided that the device is in the same original condition as at the time of purchase.
B) With regard to new products, they are subject to the exchange and return policy of the executive regulation of Law No. 2014/39 on Consumer Protection:
C) The Products to be returned or exchanged must be in their original condition at the delivery time, saleable and merchantable. Therefore, it is the Customer’s sole responsibility to check the Products carefully at the time of delivery before they are unpacked, used or installed. Unless for a manufacturing defect or non-compliance with the specifications under the Applicable Laws, that was not apparent to the Customer upon delivery, as decided by Forus at its sole discretion and except if the Customer had been informed of and accepted such defect, Forus may reject the return or exchange of the Products that are not in their original condition at the delivery time, saleable and merchantable whether due to the Products’ nature or the way they are packaged or wrapped or otherwise.
10.2 All sizes and measurements of the Products are approximate, it may be occasionally possible that the Product specification from the manufacturer may change, or we may have trouble with the supply of certain Products and may therefore supply a substitute of the same or better quality at the same price. If the Customer is not satisfied with the replacement or substitute, it can return or exchange such Products in accordance with the conditions of this Customer Terms.
10.3 Forus may reject the return or exchange of any Products sold under discount or promotional sales. Forus reserves the right of not accepting the return or exchange of certain Products, even if they comply with the above rules, that come in contact with the skin or it is considered sensitive such as such as digital cards, games, software, CDs, inks, toys, personal care products, watches, food items, beauty products, undergarments or as per the applicable laws. Notwithstanding the aforementioned, Forus may accept to replace such Products in case of manufacturing defects or non-compliance with the specifications under the applicable laws.
10.4 The Customer acknowledges and agrees that the refund will be made through the same method of payment of Order, otherwise, the Customer may be offered the option to receive gift coupons. For card refund, the refund may take up to 5 working days and subject to the payment gateway operator’s policy.
11. SPECIAL TERMS FOR PRODUCTS SOLD BY SELLERS
11.1 The Customer may cancel a Seller Order from the Customer Account prior to the Order being shipped from its warehouse/ storage location. To request a cancellation, select the Order from Your Orders and select Cancel Items. Once the Order ships, no cancelation will be accepted.
11.5 Forus will try to ensure that stock is available for delivery. However, sometimes, a listed item is no longer available by the time the Order is placed. If Forus can't deliver the Order, Forus will refund the Customer so that the Customer can place a new Order.
11.6 Sellers set their own prices for the Products that they sell on the Marketplace. Prices for similar or identical Products can vary from a Seller to another.
12. DISCLAIMER, INDEMNITY AND LIABILITY
12.1 TO THE FULLEST EXTENT PERMITTED BY LAW, FORUS DISCLAIM AND EXCLUDE ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE MARKETPLACE, THE PRODUCTS, THE DELIVERY AND INSTALLATION SERVICES, OR WITH RESPECT TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION PROVIDED BY FORUS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF A PATENT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT. THE CUSTOMER EXPRESSLY AGREES THAT ITS USE OF THE MARKETPLACE AND THE PURCHASE OF THE PRODUCTS ARE AT ITS SOLE RISK.
12.2 The Customer shall defend, indemnify and hold harmless Forus, its service providers and the Sellers and their officers, employees and agents from and against any and all liabilities, costs, damages, injuries, claims, suits, judgments, causes of action and expenses (including without limitation attorneys’ fees, court costs and out-of-pocket expenses) suffered or incurred by any of them, including without limitation third parties’ claims, as a result of any harm or damage caused or result from the Customer’s misuse of the Marketplace or the Account.
12.3 In no event Forus shall be liable to the Customer for any incidental, indirect, consequential, punitive or special damages or loss of revenue or profits or any other claim (whether caused by negligence of service, its agents or authorized dealers or otherwise) or any contingent or resulting liability including such arising out of or in connection with any failed or defective parts. Forus’s aggregate liability arising from or in connection with all claims under the Agreement shall not exceed, at any point of time, the Product value giving rise to the claim.
13. GENERAL PROVISIONS
13.1 The Customer acknowledges and agrees not to resell or export any purchased Products to any embargoed country or person pursuant to the US, European Union or UK export control laws and regulations. The Customer acknowledges and agrees that Products purchased from the Marketplace shall not be used for activities related to designing, developing, producing or usage of nuclear weapons or weapons of mass destruction. The Customer agrees not to sell, lease, or otherwise transfer Product(s) to end-users engaged in these activities and shall be liable for any such activity. Forus assume no liability whatsoever nor provide any warranty support or service in respect of a Product which has been exported/ used in violation of this provision.
13.2 Forus may change, at its sole discretion, at any point of time the terms of the Agreement. No Waiver of any term or condition or of any breach of the Agreement shall be deemed a continuing waiver or a waiver of any other term or condition or of any later breach of the Agreement. All rights and remedies, whether conferred by the Agreement, by any other instrument or by law, shall be cumulative, and may be exercised singularly or concurrently.
13.3 The Customer may not assign the Agreement or any of its rights or obligations without the prior written consent of Forus. Forus may assign or delegate any third party as it deems fit. Furthermore, Forus may assign the Agreement, partially or entirely, to any third party.
13.4 The Agreement shall be governed by and construed in accordance with the laws of the State of Kuwait as long as it does not contradict with Islamic Sharia` principles. All disputes arising hereunder or in connection herewith shall be resolved amicably by discussion between the Parties, failing which the Parties shall submit the matter in dispute to be finally and exclusively settled by the competent courts of the State of Kuwait.
13.5 The defined terms used in the Agreement shall have the meaning set forth in this Section: