Terms of service

OVERVIEW

Welcome to ISHKW. The terms "we", "us", and "our" refer to ISHKW. ISHKW operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). ISHKW is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (collectively, the "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights and obligations, including warranty disclaimers, limitations of liability, and other important provisions.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority applicable in the State of Kuwait and that you have the legal capacity to enter into these Terms.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information, including your name, email address, billing information, payment information, shipping information, and other information necessary to complete your transaction.

You represent and warrant that all information you provide to us is accurate, current, complete, and that you have the legal right and authority to provide such information.

You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities conducted through your account.

You may not transfer, sell, assign, or otherwise provide your account to another person without our prior written consent.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to ensure that the products and services displayed on our online store are represented as accurately as possible.

However, colors, finishes, dimensions, and product appearance may differ from how they appear on your screen due to your device, display settings, configuration, or other technical factors.

We do not guarantee that the appearance, color, finish, quality, or other characteristics of any product or service purchased by you will exactly match the representation displayed on our website.

Product descriptions, specifications, images, prices, and availability may be changed or updated at any time without prior notice at our discretion.

We reserve the right to discontinue any product or service at any time and may limit the quantities available for purchase where necessary.

SECTION 3 - ORDERS

When you place an order through our website, you are submitting an offer to purchase the selected products or services.

ISHKW reserves the right to accept, reject, or cancel any order at its discretion and for any legitimate reason.

An order shall not be considered accepted until ISHKW confirms acceptance of the order and the required payment has been successfully received and verified.

Please review your order carefully before submitting it. Once an order has been accepted, cancellation may not be possible, particularly where procurement, production, customization, or other related work has already commenced.

If we reject, modify, or cancel an order, we will make reasonable efforts to notify you using the email address, billing address, and/or telephone number provided when the order was placed.

Returns, refunds, and exchanges are subject to our Return, Refund, Warranty & Terms of Sale Policy.

You represent and warrant that purchases made through our website are for your own personal, household, or legitimate business use and are not intended for unauthorized resale or unlawful export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, promotions, product specifications, and availability may change without prior notice.

The price applicable to your order will be the price displayed or otherwise agreed at the time the order is placed, unless otherwise agreed in writing.

Unless expressly stated otherwise, prices may not include delivery, installation, customs duties, import charges, or other additional services or charges.

Prices displayed on our online store may differ from prices offered through physical stores, quotations, or third-party platforms.

We may offer promotional campaigns from time to time. Such promotions may be subject to separate terms and conditions. In the event of any conflict between the terms of a specific promotion and these Terms of Service, the specific promotion terms shall apply to that promotion.

You agree to provide accurate, complete, and current purchase, payment, billing, and account information for all purchases made through our store.

You agree to promptly update your information, including your email address and payment information, where necessary to enable us to complete your transactions and contact you regarding your orders.

You represent and warrant that any payment information you provide is accurate and that you are legally authorized to use the selected payment method.

You agree to pay all amounts due in accordance with the prices and payment terms applicable to your order.

SECTION 5 - SHIPPING AND DELIVERY

Delivery dates and estimated delivery times are provided for guidance only and are not guaranteed unless expressly agreed otherwise in writing.

ISHKW shall not be responsible for delays caused by shipping companies, customs procedures, governmental authorities, force majeure events, or circumstances beyond our reasonable control.

Where applicable, delivery shall be considered completed when the products are delivered to the address provided by the customer or otherwise made available to the customer in accordance with the agreed delivery arrangements.

Any additional delivery, storage, handling, installation, or re-delivery charges resulting from circumstances attributable to the customer may be charged separately.

SECTION 6 - INTELLECTUAL PROPERTY

All content made available through our Services, including but not limited to trademarks, logos, brand names, text, product descriptions, images, graphics, photographs, product reviews, videos, audio, designs, layouts, and the selection and arrangement of such content, is owned by ISHKW, its affiliates, licensors, or respective rights holders and is protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal and lawful purposes only.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, or otherwise use any material from the Services without our prior written consent, except where such use is expressly permitted by applicable law.

Nothing in these Terms grants you any license or other rights to any patent, trademark, copyright, design, trade name, or other intellectual property belonging to ISHKW, Shopify, or any third party, except as expressly stated in these Terms.

Unauthorized use of the Services or their content may violate applicable intellectual property laws.

All rights not expressly granted are reserved by ISHKW.

ISHKW's names, logos, product names, service names, designs, and slogans are trademarks of ISHKW or their respective owners and may not be used without prior written permission.

Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify.

All other trademarks and intellectual property appearing on the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to certain tools, applications, integrations, or services operated by third parties.

We do not necessarily monitor, control, or have input into such third-party tools.

You acknowledge and agree that such tools are provided on an "as is" and "as available" basis, without warranties or guarantees unless expressly stated otherwise.

ISHKW shall not be responsible for any loss, damage, interruption, or issue arising from or related to your use of optional third-party tools, to the extent permitted by applicable law.

Your use of such tools is entirely at your own risk and discretion, and you should review and accept the terms and conditions imposed by the relevant third-party provider.

We may introduce new features, tools, resources, or services through the website from time to time. Such features shall form part of the Services and shall be subject to these Terms of Service unless otherwise stated.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links, references, or integrations to websites, applications, or services operated by third parties.

ISHKW does not control and is not responsible for the content, accuracy, privacy practices, security, or policies of third-party websites or services.

If you access any third-party website or service through a link provided on our website, you do so at your own risk.

We shall not be responsible for any loss, damage, or claim arising from your access to, purchase from, or use of any third-party website, product, service, resource, or content.

You should review the applicable terms, privacy policies, and practices of third parties before entering into any transaction with them.

Any complaints, claims, concerns, or questions relating to third-party products or services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

ISHKW is powered by Shopify, which provides the technology and infrastructure that enables us to operate our online store and provide the Services.

However, all sales and purchases made through our store are transactions directly between you and ISHKW.

Shopify is not responsible for the products or services sold by ISHKW or for any transaction between you and ISHKW.

To the extent permitted by applicable law, you acknowledge that Shopify and its affiliates are not responsible for any injury, damage, loss, claim, or liability arising from products or services purchased from ISHKW.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

By using the Services, you acknowledge that you have reviewed and understood our Privacy Policy.

Because our Services are hosted by Shopify, Shopify may collect and process certain information relating to your access to and use of the Services in order to provide, maintain, secure, and improve its services.

Information submitted through our website may be transmitted to and processed by Shopify and other service providers, including providers that may be located outside the State of Kuwait.

For further information regarding the collection, processing, and use of personal information, please refer to our Privacy Policy.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans, photographs, comments, or other content to us (collectively, "Feedback"), you grant ISHKW a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, distribute, display, and otherwise use such Feedback for legitimate business purposes, including improving, operating, promoting, and developing our Services.

You represent and warrant that you own or have the necessary rights to provide such Feedback and that providing it does not violate the rights of any third party.

You acknowledge that ISHKW is not obligated to keep Feedback confidential, compensate you for Feedback, or respond to Feedback.

We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we reasonably consider unlawful, offensive, threatening, defamatory, obscene, infringing, or otherwise inappropriate.

You agree that your Feedback will not contain unlawful, abusive, defamatory, obscene, misleading, or malicious material and will not contain viruses, malware, or other harmful code.

You must not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of your Feedback.

You are solely responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, specifications, pricing, promotions, offers, shipping charges, delivery times, or product availability.

ISHKW reserves the right to correct any errors, inaccuracies, or omissions and to update or change information at any time without prior notice.

Where necessary, we may cancel or modify an order affected by materially incorrect information, including after an order has been submitted, subject to applicable law.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You must not use the Services:

• For any unlawful, fraudulent, malicious, or unauthorized purpose.
• To violate any applicable laws, regulations, or governmental requirements.
• To infringe the intellectual property or other rights of ISHKW or any third party.
• To harass, abuse, threaten, defame, intimidate, or harm any person.
• To transmit false, misleading, or fraudulent information.
• To upload or transmit viruses, malware, or other harmful code.
• To reproduce, duplicate, copy, extract, sell, resell, or commercially exploit any portion of the Services without our authorization.
• To collect or track personal information belonging to others without lawful authorization.
• To send spam, phishing messages, or other unauthorized communications.
• To impersonate another person or entity.
• To interfere with or attempt to circumvent the security or authorization features of the Services.
• To use automated systems, robots, spiders, scraping tools, or similar technologies to access or collect information from the Services without our prior written authorization.
• To use automated agents or AI systems to access, interact with, or operate against the Services in a manner that violates these Terms or any technical restrictions imposed by ISHKW.

We reserve the right to suspend, restrict, disable, or terminate access to the Services where we reasonably believe that these Terms have been violated.

SECTION 14 - AGENTS

14.1 This section applies where you use, allow, enable, or cause an automated or semi-automated software agent ("Agent") to access, use, or interact with the Services.

14.2 An Agent must not access or interact with the Services in a manner that violates these Terms or any restrictions communicated by ISHKW.

14.3 ISHKW may use reasonable technical measures to limit, restrict, or control whether and how automated Agents access or interact with the Services.

14.4 Any permitted Agent must:

(i) identify itself as an automated Agent where technically required;

(ii) not conceal or misrepresent that an interaction is being performed by an automated Agent;

(iii) not circumvent CAPTCHA systems, security measures, access controls, or technical restrictions;

(iv) comply with applicable laws and these Terms of Service; and

(v) immediately cease accessing the Services if ISHKW requests that it do so.

SECTION 15 - TERMINATION

ISHKW may suspend or terminate these Terms of Service or your access to the Services, or any part thereof, where permitted by applicable law and where we reasonably determine that such action is necessary, including in the event of a violation of these Terms.

Termination does not affect any rights or obligations that accrued before termination.

The provisions relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Entire Agreement, Assignment, Governing Law, Privacy, and any other provisions that by their nature should survive termination shall remain in effect after termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information made available through the Services is provided for general informational purposes.

While we make reasonable efforts to ensure that information is accurate and up to date, we do not guarantee that all information is complete, accurate, current, or error-free.

Except where expressly stated otherwise or prohibited by applicable law, the Services and products made available through the Services are provided on an "as is" and "as available" basis.

To the maximum extent permitted by applicable law, ISHKW disclaims warranties and conditions, whether express or implied, relating to merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that the Services will always be uninterrupted, timely, secure, or free from errors.

Nothing in these Terms excludes or limits any warranty, right, or protection that cannot lawfully be excluded or limited under the applicable laws of the State of Kuwait.

SECTION 17 - LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, ISHKW, its partners, directors, officers, employees, affiliates, agents, contractors, service providers, and licensors shall not be liable for indirect, incidental, special, punitive, or consequential losses or damages arising from or relating to your use of the Services or products purchased through the Services.

This includes, where permitted by law, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, business interruption, or similar losses.

ISHKW shall not be responsible for losses or damages arising from circumstances beyond its reasonable control, misuse of products, unauthorized modifications, third-party services, delays caused by third parties, or failure to comply with applicable instructions.

Nothing in these Terms shall exclude or limit liability to the extent that such exclusion or limitation is prohibited by applicable law.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless ISHKW, its affiliates, partners, directors, officers, employees, agents, contractors, licensors, and service providers from claims, losses, damages, liabilities, and reasonable legal expenses arising from:

1. Your breach of these Terms of Service;
2. Your violation of applicable laws or regulations;
3. Your violation of the rights of any third party; or
4. Your misuse of the Services.

ISHKW will provide reasonable notice of any claim where legally required.

You agree to cooperate reasonably in the defense of any such claim.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions shall continue in full force and effect.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of ISHKW to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms of Service, together with our Privacy Policy, Return, Refund, Warranty & Terms of Sale Policy, and any other policies expressly incorporated by reference, constitute the entire agreement between you and ISHKW regarding your use of the Services.

These Terms supersede any prior or contemporaneous agreements, communications, or understandings relating to the Services, except where otherwise expressly agreed in writing.

Any ambiguity in the interpretation of these Terms shall be interpreted in accordance with applicable law.

SECTION 21 - ASSIGNMENT

You may not assign, transfer, delegate, or otherwise dispose of these Terms of Service or any of your rights or obligations under them without our prior written consent.

ISHKW may assign, transfer, or delegate these Terms or any of its rights or obligations where permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements under which ISHKW provides products or services shall be governed by and construed in accordance with the laws of the State of Kuwait.

Any dispute arising out of or relating to these Terms of Service or your use of the Services shall be subject to the jurisdiction of the competent courts of the State of Kuwait, unless otherwise required by applicable law.

SECTION 23 - HEADINGS

The headings used in these Terms of Service are provided for convenience only and shall not limit, modify, or otherwise affect the interpretation of any provision of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms of Service at any time on this page.

ISHKW reserves the right to update, modify, or replace any part of these Terms of Service by publishing the updated version on our website.

It is your responsibility to review these Terms periodically for changes.

Where required by applicable law, we will provide notice of material changes and specify the effective date of such changes.

Your continued use of or access to the Services after the updated Terms have been published constitutes your acceptance of the updated Terms, to the extent permitted by applicable law.