Terms and Conditions

 

 

Welcome to gait.com.kw , the premium reseller of Apple in Kuwait

 

www.gait.com.kw (the "Website") is owned and operated by Trafalgar General Trading Co (“Company”), for its own benefit and the benefit of its affiliates and subsidiaries (together “we" or “us", “our” and “Gait” ) in Kuwait. Trafalgar General Trading Co is a limited liability company incorporated under the laws of Kuwait, with commercial license number CR235 and its registered office at The View, Tower 9th Floor, Block 71, Buildings No 14a & 14b, Beside Symphony Hotel, Gulf Street, Salmiya, Kuwait. PO Box 174 Safat 13002

 

These terms and conditions (“Terms”) set out the basis upon which (“Users”, “you”, “your”) can access and use the Website by way of a computer system (including Google/Facebook), mobile device or through an application provided by Gait to browse and order Apple products and third party products (“Product(s)”).

By accessing the Website, you agree to be bound by these Terms. If you do not agree with any of the Terms, your sole recourse is to stop using the Website.

 If you have any questions about Gait, then - in most cases - you will be able to find the answer in these Terms. If you cannot find an answer to your query, then please feel free to contact us at the email address specified in the Contact section below.

 

Intellectual Property

 All copyright, design, trademarks, trade dress logos or other intellectual property rights related to the Content including our software, HTML or other code contained in this Website are owned, controlled or licensed by Gait, or by third parties who have licensed their materials to Gait and are protected by the Kuwait and international trademark and copyright laws. 

We grant you a personal and limited right to access and use our Website and IP materials, for the sole purposes of letting you, the user, use and enjoy the benefits of the Website for a personal non-commercial use as permitted by these Terms and our other policies.

Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties.

 

We, together with our licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on the Services. Access to the Services does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. Any use of the Services or its contents, including copying or storing it or them in whole or in part, other than for your own personal, non-commercial use, is prohibited without our written approval and permission.

 

Change in Terms and Conditions

We reserve the right to change these Terms at any time. Any such changes will be deemed to have taken effect when posted on www.gait.com.kw The Company encourages you to check the Terms regularly for any amendments to it. Your continued use of the Website will constitute your express consent to these Terms.

 

Nothing in these Terms affects your statutory rights, either as a consumer of services or otherwise.

 

Privacy policy

 The personal information you provide in the course of using Gait will be used in accordance with our Privacy Policy, the terms of which are hereby incorporated into and form part of these Terms. 

 

Your Details

If you choose to register on the website, you must be the legal age of majority in your home country (e.g. 21 years if you reside in the Kuwait) and you must provide true, accurate, complete and current information (including name, date of birth, email address, credit card details, and other details) as requested during the account creation or ordering process. If you are under the legal age of majority in your home country, you may not register or order any Products via the Website. (If this applies to you, consider asking a parent or guardian to register his or her own account and/or order Products for you.)   

By registering yourself on the Website, you warrant that the details you provide to the Company are correct and complete and you agree that you will inform the Company immediately of any changes to those details (e.g. change of email or postal address). You can access and update your details using the “My Account” area of the Website. You authorise us to use any information provided to us in registering to verify your information (including any updated information), to obtain credit reports about you from time to time while you are registered, and to obtain an initial credit authorization from your credit card issuer at time of registration, need be. You must be issued with a major credit/debit card that is accepted by the Company and you must register that card with us, and your application for registration must otherwise be acceptable to Company in its own absolute discretion.

You are responsible for maintaining the confidentiality of your account user name and password and for preventing unauthorized access to your profile. You agree to accept responsibility for all activities that occur under your account. Please take all necessary steps to ensure that the user name and password is kept confidential and secure. Please inform the Company immediately if you have any reason to believe that your user name and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorized manner.

You will not be charged by the Company for registering an account, browsing the Website or posting content. You will only be responsible for paying the price of the Product(s) you purchase (including any tax on the purchase price, if any).

 

The Company reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at Company’s discretion. If the Company cancels an order, it will be without charge to you.

 

Products

The Company is not the manufacturer of the Products sold via the Website. We do our best to ensure that information provided on the Website is accurate, but we do warrant that it is accurate, complete, reliable, current, and/or error-free. You should not rely solely on the information presented on the Website, and you should read labels, warnings and directions provided with the Product.

The Company has made every effort to display the colours, specifications and dimensions of Products on the Website as accurately as possible. The colours you see will depend on the resolution of your monitor; the Company cannot guarantee that your monitor's display of any colour will reflect accurately the colour of the Product delivered. The Company may from time to time vary the dimensions, specifications and quantities of Products displayed on the Website without prior notice.

 

Microsoft Windows: Apple and 3rd party software developers offer you ways of running Microsoft Windows OS on your Apple Hardware. Gait does not cover support and service for your windows partition or Microsoft software problems.

 

Prices

Prices on the Website are displayed in KD (Kuwaiti Dinar), and exclude any services you may elect to pair the purchase with, delivery costs, taxes or duties to which the purchase may be subject. Any such additional costs will be displayed before your final check out.  

All prices are subject to change without notice. Prices may change at any time due to markdowns or price changes advised from manufacture. These price changes can reflect at any time throughout the day and may result in the price of a Product increasing or decreasing. These markdowns can be permanent or temporary, and any changes in prices are at the discretion of the Company and are in line with pricing guidelines from manufacture

 

From time to time, there may be errors in the pricing that appears on the Website or during the order process. We will try to resolve, in good faith, any issues that may arise as a result of such errors. You need to cooperate with us to resolve such issues, and you agree that we shall have full discretion to determine the appropriate resolution in such cases. If we have made a mistake, and the correct price is lower than the stated price, we will charge the lower amount. If the correct price is higher than the price displayed on the Website, we may check with you to see if you want to continue with the order at the higher price or cancel your order. 

 

Orders

When you place an order for Products, the Company collects certain personal and transactional information (e.g. name, address, email address). The use of your information is detailed in the Privacy Policy.

  • The products are subject to availability. If, for any reason beyond our reasonable control, we are unable to supply a particular item, we will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the products.
  • We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or any other problem identified by us.
  • The products are not intended for resale.

By confirming your purchase at the end of the checkout process, you agree to accept and pay the full amount payable for the product(s) as indicated during the checkout.

 

The Company accepts orders for Products subject to availability. We may not accept your order in a variety of situations, including:

 

  • saved in wish list / shopping cart but not paid for;
  • if the item is out of stock;
  • if we are unable to obtain authorization for your payment;
  • if we find a pricing error;
  • if a Product fails our internal quality checks; or
  • for any other reason (at our sole discretion).

 

We will not process your payment (or will cease processing your order) in these types of situations, and will not be liable to you or to any third party by reason of our decision to decline processing, or unwinding or suspending any transaction after processing has begun. We reserve the right to refuse service, terminate your account, or cancel orders, at our sole discretion.

 

Once the order has been placed and payment has been received successfully, we will send you an email confirming the order, its delivery and payment received.

 

Pre-Order Service

 

The Pre-Order service offered by Gait allows you to reserve a product before it becomes available in our stores. 

You should pre-order your product and pay the full amount online or in-store. The order will be delivered or picked-up from store starting from the time the stock reach our stores.

The following conditions apply for Pre-Order:

  • You place order with only preorder items or with only regular items. You cannot mix in the same order a preorder item and a regular item.  
  • The release date mentioned in the preorder is indicative. As we do our best to meet delivery dates, we aim to ship your Pre-Ordered item/s within 1-3 days after the official release date. We are not responsible for failures to deliver for reasons outside our reasonable control.

 

Payments

Making a payment with Gait couldn't be easier.

At Gait.com.kw you can pay with:

        Knet

        Visa, MasterCard, American Express

        Pay on delivery (with Cash or with Knet/debit card)

Online Payment methods

  • All credit/debit card/Knet payments are subject to validation by the issuer. If the issuer of your card refuses to authorize payment, we will cancel your order and contact you for an alternative method of payment.
  • The details on your credit/debit card used to make the payment shall exactly match the ID information of the cardholder.
  • After following the necessary steps to place your order, fill in your preferred methods of payment along with your details.
  •  You will receive an email to inform you that your order has been received. However, this does not mean that your order has been confirmed. If paying by payment card your order will only be accepted once your card details payment have been approved, the delivery address has been verified and the items are located and shipped.
  • In the event of a problem, please contact our customer service.
  • When you place your order, the Company’s system automatically asks your card issuer for authorization for the transaction amount. If the Company gets a valid authorization, your card issuer will hold this value expecting a charge from the Company. The receipt of your credit card details and debit of payments does not constitute Company’s acceptance of your order.
  • If you use the Website, to order Product(s), you agree to pay the full amount payable for such Product(s) as indicated during the order process. If the issuer of your payment card (credit or debit card) refuses to authorize payment, we will cancel your order and contact you for an alternative method of payment.  We cannot be held responsible if this results in a delay in dispatching your order. Further, it is your responsibility to keep track of the status of your order.
  •  Please note that the Company does not guarantee the security of data that you send to the Company by email. Accordingly, please do not send to the Company any payment information using email. Unless the Company acts either fraudulently or negligently, the Company will not be liable to you for any losses caused as a result of unauthorized access to the personal and transactional information you provide to Company when placing an order.

COD Threshold

Cash on delivery is permitted for Orders up to 300 KD.

If you select the option “Pay on Delivery” in the checkout, you can pay the delivery agent upon receiving your order with cash in KD (up to 300KD) or with your card through our Card machine.

Payment with cash on delivery is free of charge.

 Excluded payment methods

We do not accept cheques, PayPal and Apple Pay.

 

Use of foreign cards

If you are using foreign credit or debit cards, you should be aware that in some cases the banks may charge you for international transactions. Gait is not responsible for any charges levied by banks. If you are using foreign credit or debit cards, you should also note that the amount charged to your credit or debit card will be the value of the product displayed in KD (Kuwaiti Dinar) which is converted into the currency of your credit card or debit card at the prevailing conversion rate by the banks.

 

 Payment security

We actually use industry-leading encryption standards! This encrypts the data you provide to us, ensures it is safe and not accessible to any third party.

Rest assured, all credit/debit cards’ details will not be stored, sold, shared, rented or leased to any third parties.

 

We guarantee a safe shopping experience on our website.

 

Counterfeit

All Products sold at Gait are genuine and we don’t offer counterfeit products. If any Products are found to be counterfeit, a 100% Return & Refund Guarantee applies.

 

Warranty Of Products

  • Certain products may benefit from manufacturer's warranty.
  • All Apple Products purchased from www.gait.com.kw. will be covered with a one (1) year warranty from activation date.
  • Customers with Apple defective Items after 15 days must visit the Apple Authorized service Provider to get his product inspected and
  • Warranty for 3rd party accessories varies from 3 months to 24 months, but you can always visit our store for more support or information.
  • The Warranty does not cover misuse, improper installation, breakage, and spillage of liquids, and other repairs arranged outside the Apple authorized service center.
  • Software is excluded from our Warranty. We are not responsible for loss of any personal data saved on the Product, during any check-up or repair.
  • Warranty for external storage devices varies between 1year and 2 years. The data is not covered with this warranty. In this case, customer needs to follow-up with the brand authorized distributors. 

 

Compliance with U.S

Export Laws: Some products are restricted by the U.S. Government from export to certain countries and buyer agrees that it will not distribute or re-export products in violation of the export control laws or regulations of the United States. Buyer shall be responsible to comply with all applicable export and import laws and regulations, including those of the United States, when marketing, exporting or importing products and technical data. Buyer warrants that it is knowledgeable and undertakes to comply with such applicable export and import laws and regulations (including all necessary clearance requirements, export and import licenses and exemptions, and required filings). Buyer further agrees to indemnify Gait and claims made against Gait's failure to comply with applicable export and import laws.

 

Use of Wesbite

The Company tries to keep all information on this Website up to date, but it may not be correct all of the time. You should independently check the information you use is correct and you use this Website at your own risk. If you find any incorrect information, you can notify the Company by calling or emailing at the details specified in the Contact section below

You must not conduct or promote any illegal activities while using this Website. This includes any activities that (in Company’s opinion) breach copyright, infringe on privacy or infringe any third party rights as well as activities that are defamatory to third persons. To do so may lead to prosecution.

You must not use this Website to generate unsolicited emails, spam or promotional materials to other Users. You must not do anything to cause damage to this Website or other users of the Website, including any technical damage to the other computers. You must not send any viruses or other material designed to adversely affect the operation of the Website, affect any other users of the Website or affect any equipment or any data in the Website. You must not attempt to gain access to the Website or the system that runs the Website. You must not interfere with the security of the Website, its services, system resources or network. You must not use the Website in any manner that could damage, overburden or impair the Website nor harvest or otherwise collect any information about the Users. You must not establish a link to the Website without seeking Company’s prior written consent and the link must not suggest any form of association, endorsement or approval on your part where none exists. You must not frame the Website on another website without seeking the Company’s prior written consent. You must not change, edit, add to or produce summaries of its content anywhere else.

 

Please note that it is illegal to place orders under a false name, with a fraudulently obtained credit card or without the consent of the cardholder. Any party engaged in illegal activities involving the use of this Website may be subject to prosecution. The Company does not guarantee that the Company will be able to prevent any illegal or inappropriate use of this Website, or will give notice of any illegal or inappropriate use of this Website. 

 

Chane Of Website and Cessation Of Operations

 The Company reserves the right to change or correct any errors or omissions in the Website, and to alter, limit or discontinue the provision of any of the services provided via the Website, at any time without prior notice to you. The Company will use reasonable efforts to include up-to-date and accurate information in the Website, but it reserves the right to delete, modify, or supplement the content of the Website at any time for any reason without prior notification.

 

Third Party Links and Advertisments 

 websites operated by a third party and the Company does not assume responsibility for the content or practices of such websites. You should check the terms and conditions and privacy policies for all third party websites you visit to understand their procedures.

 

If you use any material, or visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive material. The Company does not endorse and are not responsible for the use of, or the content of, any third party websites. The Company is not responsible for anything that may happen when you use them.

 

Termination

The Company may terminate or suspend your access to all or part of the Website, without prior notice, if it believes that your conduct is in violation of these Terms, applicable law, or otherwise harmful to the interests of the Company or any third party. Notwithstanding such termination or suspension, you agree that you will continue to be subject to the obligations which, by their nature, survive such termination or suspension, including the obligations relating to intellectual property rights, User Generated Content, etc.

 

Disclaimer Of Warranty

To the extent not prohibited by the Kuwait Consumer Protection Law, the Website and its content are provided on an "as is" and “as available” basis. The Company, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees, expressly disclaim (to the fullest extent permitted by applicable law) any and all express, implied, and statutory warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights.

 

Indemnity 

You agree to hold harmless and indemnify Company, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees, from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and attorneys’ fees or other costs or expenses of any kind or nature arising from or in any way related to your use of the Website, including, but not limited to those brought by you or on your behalf in excess of the liability described above, or by third parties as a result of your breach of these Terms, your violation of any law or the rights of a third party, or your use of the Website.

 

Limitation of Liability

To the maximum extent permissible by applicable law, Company, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees:

  • we are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of, or in way connected with, the use or inability to use the Website and its content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not company is advised of the possibility of such damages; and
  • exclude any and all liability for damages caused by, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the internet or on the Website or combination thereof, including any injury or damage to any users or to any person's computer related to or resulting from use of the Website.

 

Where it is not possible to exclude liability under applicable law, you agree that company’s maximum liability for any corresponding claim shall be limited to the higher of the amount paid by you for the Product associated with your claim.

 

Disputes and Governing Laws

Unless These Website Terms are governed by Kuwait Law and all disputes arising here under are subject to the exclusive jurisdiction of the Courts of Kuwait. If any portion of the Terms is held to be unenforceable, invalid or illegal by any court of competent jurisdiction, the remainder of the Terms shall not be affected.

 

Language

These Website Terms are published in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will prevail.

 

Relationship and Notice

None of the provisions of these Terms will be deemed to constitute a partnership or agency between you and Company and you will have no authority to bind the Company in any manner whatsoever.

Except as explicitly stated otherwise, any notices to the Company from you will be given by email to provide under Contact Section with a physical copy sent to Company by mail or courier, such notice deemed given on confirmation of its receipt to you by the Company by return email. Any notices to you from the Company will be given by notices posted on the Website or by email to the email address you provide to Company during the registration process and will be deemed to be received by you 48 hours after any such email is sent. Alternatively, the Company may give you notice by mail or prepaid shipping to the address provided to the Company during the registration process. In such case, notice will be deemed given 7 days after the date of mailing.

 If any clause of these Terms is deemed invalid, void or for any reason unenforceable, such clause will be deemed severable and will not affect the validity and enforceability of the remaining clauses of these Terms. These Terms (as amended from time to time in accordance with its terms) and Privacy Policy sets out the entire understanding and agreement between you and the Company with respect to the use of the Website.

 

Any failure by the Company to enforce any terms set out in these Terms or other policies with you is not a waiver of Company’s rights to enforce those terms.

 

Severability

If any provision of these Terms is found to be invalid by a court or competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

 

Electronic Communications

 To fulfill our obligations to you under these Terms, we may wish to communicate with you by email and/or by posting notices on the Website. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications which need to be in writing. 

 

Contact

www.gait.com.kw is operated by Trafalgar General Trading Co, in Kuwait which is a limited liability company incorporated under the laws of Kuwait, with commercial license number CR235 and its registered office at The View, Tower 9th Floor, Block 71, Buildings No 14a & 14b, Beside Symphony Hotel, Gulf Street, Salmiya, Kuwait. PO Box 174 Safat 13002.  

You can contact us regarding the Website, or these Terms, on info@gait.com.kw

For further help or technical issues, please contact our customer care team from 10am to 10pm 

 

 

Terms Related to COVID-19

During this exceptional situation of COVID-19, we are taking strict hygiene measures to ensure the safety of our employees and our customers. 

Online Payment Methods

At Gait.com.kw, you can pay with:

        Knet

        Visa, MasterCard, American Express

        Pay on delivery with Knet or Debit card

 

 Due to the extraordinary increase in demand and curfew regulations, we are unable to process orders within our usual delivery time. We are working hard to get your order delivered to you as quickly as possible within the next 7 days.

Please do not use delivery addresses for buildings that may be closed due to the current situation (e.g. offices). Please check your building or community guidelines regarding restrictions on home deliveries.

Our delivery associates are reducing contact with customers by placing packages at our customer's doorstep and stepping back. If an ID check is required, these are now performed at a distance.

 

 Safety Measures

We have imposed strict sanitation protocols at every step of the order preparation & delivery process.

The precautionary measures include:

  • All orders are prepared by employees who are equipped with disinfectant, gloves and masks.
  •  All delivery vehicles are cleaned with certified detergent.
  • Regular temperature checks and health screening for our employees.
  • A minimum distance of 1 meter across all operations.
  • Exchanged product that cannot be disinfected should be in quarantine.