Terms and Conditions of Sale and Use
Last updated: 31 August 2026. These Terms are available to the Customer at the time of ordering, and the version in force on the date an Order is placed governs that Order.
These terms and conditions (the "Terms") are made between Trafalgar General Trading Co. W.L.L., a limited liability company incorporated under the laws of the State of Kuwait with commercial licence number CR235, whose registered office is at The View Tower, 9th Floor, Block 71, Buildings 14a & 14b, Gulf Street, Salmiya, Kuwait, P.O. Box 174 Safat 13002, trading as Gait (the "Company"), and each person who accesses the website at gait.com.kw (the "Website") or places an order through it (the "Customer"). Gait is the premium partner of Apple in Kuwait. The Terms govern the Customer's use of the Website and every contract for the sale of goods concluded through it.
1. Definitions and interpretation
1.1 In these Terms: "Products" means the Apple products and third-party products offered for sale on the Website; "Order" means an offer by the Customer to purchase Products submitted through the Website; "Order Confirmation" means the email by which the Company accepts an Order; "Consumer Protection Law" means Law No. 39 of 2014 of the State of Kuwait concerning Consumer Protection and its Implementing Regulations, as amended; "Customer Care" means the Company's customer care team, contactable as set out in Clause 26; "CTO Product" means a Product configured or customised to the Customer's specifications; and "Working Day" means a day that is a working day in the State of Kuwait.
1.2 Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa.
1.3 For the avoidance of doubt, nothing in these Terms limits or excludes any right conferred on the Customer by the Consumer Protection Law or any other mandatory provision of Kuwaiti law, and any provision of these Terms shall be read subject to such rights.
2. Acceptance and amendment
2.1 By accessing the Website or placing an Order the Customer accepts these Terms. A Customer who does not accept the Terms shall not use the Website.
2.2 The Company reserves the right to amend these Terms from time to time by publishing the amended Terms on the Website. An amendment applies only to Orders placed after its publication. Each Order is governed by the version of the Terms in force at the time the Order is placed, which is presented and accessible at checkout.
3. Registration and the Customer's account
3.1 The Customer may browse the Website without an account. To place an Order the Customer must hold an account, which may be created during checkout.
3.2 The Customer represents that he or she has attained the age of majority under the laws of the State of Kuwait, being twenty-one (21) years, or the age of majority in the Customer's country of residence if different, and that all information provided on registration and at checkout is true, accurate and current. The Customer undertakes to keep such information up to date.
3.3 The Customer shall keep the account password confidential, shall notify the Company promptly upon becoming aware of any unauthorised use of the account, and is responsible for Orders placed through the account save where such Orders result from the Company's fault.
3.4 The Company processes the Customer's personal information solely in accordance with Clause 16 and the Privacy Policy. Account information is collected for the purposes of concluding, performing and recording contracts of sale and for the other purposes stated in the Privacy Policy.
3.5 The Company reserves the right to decline an Order, suspend or close an account, or restrict access to the Website where it has reasonable grounds to do so, including suspected fraud, misuse or breach of these Terms. Where the Company cancels an Order that the Customer has paid for, the Company shall refund the Customer in full.
4. Products, descriptions and prices
4.1 The Company is a retailer and not the manufacturer of the Products. The Company takes reasonable care to ensure that descriptions, images and specifications on the Website are accurate; however, colours may render differently between screens and manufacturers may vary specifications without notice. The Customer shall read any labels, warnings and instructions supplied with a Product.
4.2 Prices are displayed in Kuwaiti Dinar (KWD) and are inclusive of any applicable tax. Delivery charges, and any optional service selected by the Customer, are displayed separately before the Order is confirmed.
4.3 Prices may change from time to time, including by markdown or by price changes advised by the manufacturer. A change of price does not affect an Order already accepted.
4.4 Where a price has been displayed in error, the Company shall notify the Customer before the Order proceeds. If the correct price is lower than the displayed price, the Company shall charge the lower price. If the correct price is higher, the Customer may elect to confirm the Order at the correct price or to cancel the Order at no cost, in which case any sum paid shall be refunded in full.
4.5 Products are sold for personal use only and not for resale.
4.6 Microsoft Windows. Apple and third-party software developers offer ways of running the Microsoft Windows operating system on Apple hardware. The Company does not provide support or service for a Windows partition or for Microsoft software problems.
5. Promotions and gifts with purchase
5.1 Promotional offers run for the period stated in the offer terms or while stocks last. Save as expressly provided in the offer terms, (a) only one offer may be applied to an Order, (b) offers do not apply to Products already discounted, and (c) certain Products may be excluded from promotions, as stated in the offer terms.
5.2 Where a gift accompanies a purchase, the gift forms part of that Order. If the purchased Product is returned, the gift shall be returned with it in accordance with Clause 10.3(c).
5.3 The Company reserves the right to withdraw or cancel any promotional code or offer, and to cancel an Order placed using a promotional code, where the code has been used other than in accordance with its terms, has been obtained or distributed without the Company's authorisation, or is used fraudulently or in bad faith. Where an Order is cancelled under this Clause 5.3 before dispatch, any sum paid shall be refunded in full.
6. Orders, formation of contract and payment
6.1 An Order constitutes an offer by the Customer to purchase the Products stated in it. A contract of sale is concluded only when the Company sends the Order Confirmation. Until the Order Confirmation is sent, the Company may decline an Order, including where (a) a Product is out of stock, (b) payment cannot be authorised, (c) a price was displayed in error, (d) a Product fails the Company's internal quality checks, or (e) the Company reasonably suspects fraud or misuse. Products saved in a wish list or shopping cart and not paid for are not reserved. Where an Order is declined after payment, the Company shall refund the Customer in full.
6.2 The payment methods available for an Order are those displayed at checkout, and may include credit and debit cards, the local debit card network, digital wallets, payment on delivery (in cash or by card presented to the driver) where offered, and instalment plans offered by third-party providers. Eligibility for an instalment plan, and any conditions, limits or product criteria that apply to it, are set by the instalment provider and shown at checkout. Where the Customer elects to pay by instalments: (a) the instalment agreement is concluded between the Customer and the provider and is governed by the provider's own terms, and the provider's decision whether to offer instalment payment to the Customer is a matter for the provider; (b) the contract of sale for the Products remains between the Customer and the Company and remains governed by these Terms; and (c) on a return, cancellation or refund, the Company shall account to the provider and the adjustment or cancellation of the instalment plan is effected by the provider under its terms.
6.3 The Company does not accept cheques.
6.4 All card and electronic payments are subject to validation by the issuer. If the issuer refuses to authorise payment, the Company shall cancel the Order and contact the Customer for an alternative method of payment; the Company is not responsible for delay in dispatch that results. The name on the card used for payment must match the identity of the cardholder. Where a foreign card is used, the cardholder's bank may apply international transaction charges and its own conversion rate; the Company is not responsible for charges levied by banks, and the amount charged is the price displayed in Kuwaiti Dinar (KWD) converted at the bank's prevailing rate.
6.5 Identity check at delivery. For certain Orders, including pre-orders, the Company is required to verify the identity of the person receiving the Products. Where this applies, the Customer shall present his or her Civil ID at delivery and the Company shall release the Order only after confirming that the name matches the Order. The Company does not request copies of identity documents by email in advance of delivery.
6.6 The Customer shall not send payment information by email, and the Company does not request it by email. Unless the Company acts fraudulently or negligently, the Company is not liable for losses caused by unauthorised third-party access to information transmitted outside the Website's secured checkout.
6.7 The Company shall issue an electronic record of the transaction, including the Order Confirmation and proof of purchase, to the email address registered to the Customer's account. Such records satisfy any requirement for the transaction to be evidenced in writing.
7. Delivery
7.1 The Company delivers throughout the State of Kuwait. Deliveries are made every day between 14:00 and 23:00, including Fridays and public holidays. Orders placed before 12:00 are delivered the same day; Orders placed after 12:00 are delivered the next day.
7.2 The delivery options available to the Customer's address, and the estimated delivery window, are displayed at checkout. The charge applicable to an Order, if any, is the charge displayed at checkout before the Order is confirmed, and that charge is binding on the Company.
7.3 Delivery timings are estimates, and delivery is subject to the accuracy of the address provided and the availability of the Customer. Delivery may take longer during launch periods, promotional periods, peak seasons and public holidays. Subject to Clause 18, the Company is not liable for delay caused by events outside its reasonable control, without prejudice to the Customer's right to cancel an undispatched Order under Clause 9.
7.4 If no person is available to receive the Order at the address given, the Company shall arrange an alternative delivery or inform the Customer how the Order may be collected.
7.5 The Customer shall inspect the Order on receipt. If any Product is missing, damaged or not the Product ordered, the Customer shall notify Customer Care as soon as reasonably practicable, and the Company shall remedy the matter in accordance with Clauses 10 to 12. A failure to notify on receipt does not affect the Customer's rights under Clause 12.
8. Pre-orders
8.1 The pre-order service allows the Customer to purchase and reserve a Product before it becomes available in the Company's stores. The full price is paid at the time the pre-order is placed, online or in store, and the Order is delivered, or collected from the store, once stock reaches the Company's stores.
8.2 An Order may contain only pre-order Products or only regular Products; the two may not be combined in one Order.
8.3 Release dates shown for pre-order Products are indicative. The Company aims to dispatch pre-ordered Products within one (1) to three (3) days after the official release date and is not responsible for failure to deliver for reasons outside its reasonable control.
8.4 Pre-order deliveries are made by the Company's in-house fleet in Kuwait between 12:00 and 22:00. Once a pre-order is placed, the delivery address may be changed only by request from the email address used to place the Order. The person receiving the Order shall show the Order Confirmation and his or her Civil ID at delivery, in accordance with Clause 6.5.
9. Cancellation before dispatch
9.1 The Customer may cancel an Order at any time before it is dispatched by contacting Customer Care. Where the Order has not been dispatched, the Company shall cancel it free of charge and refund the Customer in full in accordance with Clause 11, or, at the Customer's request and subject to stock availability and any price adjustment, amend it. As the Company processes Orders quickly, it may not always be possible to intercept an Order before dispatch; in that case the Customer shall proceed under Clause 10.
9.2 A CTO Product is configured to the Customer's specifications, and the Order for it cannot be changed, modified or cancelled once it is in production. The Customer is encouraged to review a CTO Order carefully before confirming it. This Clause 9.2 does not apply to a defective CTO Product, to which Clause 12 applies.
10. Returns and exchanges
10.1 A Product that is sealed, unused and in perfect condition may be returned or exchanged free of charge within fifteen (15) days of the date of purchase.
10.2 Dead on arrival Products. An Apple-branded hardware Product is considered dead on arrival ("DOA") if it shows symptoms of a hardware failure preventing basic operability upon its first use out of the box. If the Customer believes a Product is DOA, the Customer shall bring it to a Gait store within twenty-four (24) hours of the invoice date. The Company shall determine whether the Product is DOA and, where it is, shall at the Customer's election arrange a replacement or have the Product repaired; a Product that has been serviced is no longer eligible for replacement. If the Product is not DOA, the manufacturer's standard warranty under Clause 13 applies.
10.3 Conditions of return and exchange. To qualify for a refund or exchange under Clause 10.1, the Product and everything supplied with it must be returned as follows:
- (a) sealed and unused, in its original packaging, with all accessories, labels and instructions supplied with it;
- (b) undamaged and in fully sellable condition, in the state in which it was received from the Company or its courier;
- (c) together with any gift or promotional item supplied with the purchase, unopened, undamaged and with its own tags, labels and instructions intact; and
- (d) accompanied by the original invoice, proof of purchase or Order Confirmation.
10.4 For the avoidance of doubt, the period in Clause 10.1 applies to returns and exchanges made otherwise than by reason of a defect. It does not limit, shorten or replace (a) the Customer's rights in respect of defective or non-conforming Products under Clause 12 and the Consumer Protection Law, or (b) any mandatory right of return conferred on the Customer by the Consumer Protection Law, each of which applies on its statutory conditions notwithstanding the expiry of that period.
10.5 Procedure. To return a Product the Customer shall either (a) email Customer Care at info@gait.com.kw with a copy of the invoice, the name of the Product and the reason for return, or call 22201277 to register the return, following which the Company shall collect the Product from the Customer's address, normally within three (3) to five (5) days, free of charge, or (b) bring the Product and the original invoice to the Gait store at The Avenues, Phase 4.
10.6 A CTO Product may not be returned or exchanged under Clause 10.1, in accordance with Clause 9.2. This does not affect the Customer's rights under Clause 12.
10.7 The Store Policies page published on the Website at /store-policies sets out the operational procedures for returns, exchanges, refunds and repairs. In the event of any conflict between that page and these Terms, these Terms prevail.
11. Refunds
11.1 Upon receipt of the returned Product and confirmation that the conditions in Clause 10.3 are met, or upon acceptance of a return under Clause 12, the Company shall refund the full price of the Product.
11.2 Approved refunds are made only to the original means of payment used for the purchase. Where the payment network does not support a refund to that means, the refund is made by bank transfer to an account nominated by the Customer, in which case the Customer shall provide the account details necessary to effect the transfer. Instalment payments are refunded through the instalment provider, which shall adjust or cancel the Customer's instalment plan under its own terms.
11.3 Where a return does not meet the conditions in Clause 10.3 and is not accepted under Clause 12, the Company shall inform the Customer and return the Product to the Customer.
12. Defective Products and statutory rights
12.1 This Clause 12 applies where a Product is defective, does not conform to its description or specifications, or is not the Product ordered. It applies notwithstanding any period or condition in Clause 10.
12.2 The Customer shall report a damaged, incorrect or defective Product to Customer Care under Clause 26. The Company shall examine the Product and, where the defect is established, the Customer is entitled, in accordance with the Consumer Protection Law, to the repair of the Product, its replacement, or the refund of its price, without charge to the Customer. A Customer is not required to return a defective Product sealed or in unused condition.
12.3 For an Apple-branded Product, a defect arising after fifteen (15) days from purchase is handled under the manufacturer's warranty: the Customer shall present the Product to an Apple Authorised Service Provider for inspection, and Customer Care shall assist the Customer with the claim. Repair work accepted under this Clause 12 or under the warranty normally takes between seven (7) and fifteen (15) Working Days from the day the Product is handed over for service.
12.4 Nothing in these Terms limits or excludes the Customer's rights under the Consumer Protection Law or any other mandatory provision of Kuwaiti law in respect of defective or non-conforming goods.
13. Authenticity and manufacturer's warranty
13.1 The Company warrants that every Product sold on the Website is genuine. The Company does not sell counterfeit goods. If any Product purchased from the Company is at any time found to be counterfeit, the Company shall refund one hundred per cent (100%) of the price paid.
13.2 All Apple hardware Products purchased from the Website carry a one (1) year limited manufacturer's warranty from the date of activation, covering defects in materials and workmanship. A copy of the limited warranty, including its limitations and exclusions, is available for review before purchase.
13.3 The warranty for third-party accessories varies between three (3) and twenty-four (24) months, as stated for the Product; the Company's stores can advise on the warranty applicable to a specific Product. The warranty for external storage devices varies between one (1) and two (2) years and does not cover the data stored on them; warranty service for such devices is provided through the brand's authorised distributor.
13.4 The warranty does not cover, and is void in, the following cases: (a) consumable parts, such as batteries or protective coatings designed to diminish over time, unless the failure is due to a defect in materials or workmanship; (b) damage resulting from accident, misuse, abuse, theft, electrical power failure, fire, breakage or spillage of liquid; (c) repair or alteration carried out by any person outside the Company's authorised workshop or the manufacturer's authorised service network; (d) failure resulting from viruses or from the use of unauthorised or illegally copied software; (e) removal or deletion of the Product's serial number; and (f) damage caused by use with non-Apple products. Software is excluded from the warranty.
13.5 The manufacturer's warranty is in addition to, and does not replace, the Customer's rights under Clause 12.
13.6 The original invoice serves as the warranty card. The warranty is valid only for the party named on the invoice, and the invoice must be presented with each warranty or service request; where it is not presented, the Company may charge for inspection and repair at its prevailing service rates.
13.7 The warranty does not of itself entitle the Customer to the replacement or return of a device, and the Company is not responsible for the loss of data stored on a Product, including on its hard disk or other storage, during any inspection, service or repair; the Customer is responsible for keeping a back-up copy of all stored data before handing a Product in. This Clause 13.7 does not limit the Customer's rights under Clause 12 or under the Consumer Protection Law.
14. GaitCare protection plans
14.1 GaitCare and GaitCare+ extended warranty and damage protection plans are available for certain Apple devices and are governed by their own terms and conditions, published on the Website, which the Customer accepts at the time of purchasing the plan.
14.2 By purchasing a GaitCare extended warranty or damage protection plan the Customer confirms that he or she has full legal capacity and has attained twenty-one (21) years, the age required in the State of Kuwait to enter into such contracts. Minors may not purchase warranty or insurance products, as these create ongoing financial and contractual obligations. By ticking the mandatory confirmation box at checkout the Customer acknowledges that he or she meets this requirement and that all information provided is accurate. The Company reserves the right to cancel a purchase made in breach of this Clause 14.2.
15. Intellectual property and use of the Website
15.1 All content on the Website, including text, images, logos, designs and software, is owned by or licensed to the Company or its licensors and is protected by the laws of the State of Kuwait and international intellectual property law. The Company grants the Customer a personal, limited, non-transferable licence to use the Website and its content for personal, non-commercial purposes only.
15.2 The Customer shall not (a) copy, reproduce, republish or resell the content of the Website other than as permitted by Clause 15.1, (b) use the Website unlawfully or in a manner that interferes with its operation or with other users, (c) attempt to gain unauthorised access to any part of the Website or its systems, (d) link to or frame the Website without the Company's prior written consent, or (e) place an Order under a false name, with a payment instrument the Customer is not authorised to use, or otherwise fraudulently.
15.3 The Website may contain links to websites the Company does not control. Such links are provided for convenience only and the Company is not responsible for the content or practices of those websites.
15.4 The Company reserves the right to change, suspend or withdraw the Website or any part of it at any time. This Clause 15.4 does not affect any Order already accepted.
16. Personal information
16.1 The Company collects and processes the Customer's personal information as set out in the Privacy Policy published on the Website, which is incorporated into and forms part of these Terms.
16.2 The Company may give notices concerning an Order or these Terms by email to the address registered to the Customer's account or by posting them on the Website, and the Customer agrees to receive such communications electronically. Electronic communications satisfy any legal requirement that a communication be in writing.
17. Fraud and chargebacks
17.1 Where a payment is reversed, disputed or charged back other than in accordance with these Terms, or where the Company reasonably suspects that an Order, account or payment is fraudulent, the Company reserves the right to suspend the account, withhold dispatch, and cooperate with the relevant payment provider and the competent authorities. Nothing in this Clause 17 limits the Customer's right to raise a genuine payment dispute with his or her bank or payment provider.
18. Liability
18.1 The Company undertakes to describe the Products with reasonable care, to deliver them in good condition, and to perform its obligations under these Terms, and it is liable to the Customer where it fails to do so.
18.2 Nothing in these Terms limits or excludes the Company's liability (a) for death or personal injury caused by its negligence, (b) for fraud or fraudulent misrepresentation, (c) for gross negligence or wilful misconduct, (d) under the Consumer Protection Law, or (e) for any other liability that cannot be limited or excluded under Kuwaiti law.
18.3 Subject to Clause 18.2 and to the fullest extent permitted by applicable law, the Company is not liable for (a) loss that was not a foreseeable result of its breach of these Terms, (b) loss of profit, business or opportunity, or (c) interruption or failure caused by networks, devices or software outside the Company's control.
18.4 Subject to Clause 18.2, the Company's total liability to the Customer in connection with an Order shall not exceed the price paid for the Product to which the claim relates.
19. Indemnity
19.1 The Customer shall indemnify the Company against claims by third parties arising directly from the Customer's fraudulent or unlawful use of the Website or the Customer's breach of Clause 15.2. This Clause 19 does not apply to any claim arising from the Company's own fault and does not limit any right of the Customer under the Consumer Protection Law.
20. Force majeure
20.1 The Company is not in breach of these Terms, and is not liable for delay or failure in performance, to the extent that the delay or failure results from an event beyond its reasonable control, including acts of public authority, war, civil disturbance, epidemic, fire, flood, extreme weather, or failure of public infrastructure or telecommunications networks.
20.2 Where such an event prevents delivery of an Order, the Company shall notify the Customer and either agree a revised delivery date or cancel the Order and refund the Customer in full. This Clause 20 does not affect the Customer's right to a refund for an Order that is not fulfilled.
21. Assignment
21.1 The Company may assign or transfer its rights and obligations under these Terms to an affiliate or to a successor to its business, provided that the assignment does not reduce the Customer's rights under these Terms or under the Consumer Protection Law. The Customer shall not assign his or her rights or obligations under these Terms without the Company's prior written consent.
22. Notices
22.1 Notices from the Customer to the Company shall be given to Customer Care using the contact details in Clause 26 and are effective on receipt. Notices from the Company to the Customer shall be given by email to the address registered to the Customer's account or by posting on the Website, and are deemed received forty-eight (48) hours after the email is sent or the notice is posted, unless the Company receives an automated notification that the email was not delivered. A notice sent by post is deemed received seven (7) days after the date of mailing.
23. Export controls
23.1 Certain Products are restricted by the Government of the United States from export to certain countries. The Customer shall not distribute or re-export Products in violation of the export control laws and regulations of the United States or of any other applicable jurisdiction, and is responsible for complying with all applicable export and import laws and regulations, including any clearance requirements, licences, exemptions and filings, when marketing, exporting or importing Products or technical data. The Customer shall indemnify the Company against claims arising from the Customer's failure to comply with this Clause 23.
23.2 The Customer agrees that Products purchased from the Company will not be used for any activity related to the design, development, production or use of nuclear weapons or other weapons of mass destruction, and will not be sold, leased or otherwise transferred to end users engaged in such activities. The Company provides no warranty support or service for a Product exported or used in violation of this Clause 23.
24. Complaints
24.1 A Customer who is dissatisfied with a Product or with the Company's service should first contact Customer Care under Clause 26, which shall acknowledge the complaint and respond to it.
24.2 Nothing in these Terms limits the Customer's right to submit a complaint to the Consumer Protection Department at the Ministry of Commerce and Industry of the State of Kuwait, or to pursue any other remedy available under the Consumer Protection Law.
25. General provisions
25.1 Entire agreement. These Terms, together with the Privacy Policy, the GaitCare terms where a plan is purchased, and the Order Confirmation, constitute the entire agreement between the Company and the Customer in respect of an Order. This Clause 25.1 does not exclude any liability for fraudulent misrepresentation and does not affect the Customer's statutory rights.
25.2 Severability. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision shall be limited or severed to the minimum extent necessary and the remaining provisions shall continue in full force and effect.
25.3 No waiver. A failure or delay by the Company in enforcing any provision of these Terms is not a waiver of that provision or of any other provision.
25.4 Relationship. Nothing in these Terms creates a partnership or agency between the Company and the Customer, and the Customer has no authority to bind the Company.
25.5 Survival. Clauses which by their nature are intended to survive termination of the Customer's account or completion of an Order, including Clauses 11, 12, 13, 15, 18, 19, 23 and 27, shall so survive.
26. Contact and Customer Care
26.1 Customer Care is available every day from 10:00 to 22:00:
- Email: info@gait.com.kw
- Telephone: 22201277
- Post: Trafalgar General Trading Co. W.L.L., The View Tower, 9th Floor, Block 71, Buildings 14a & 14b, Gulf Street, Salmiya, Kuwait, P.O. Box 174 Safat 13002
27. Governing law, jurisdiction and language
27.1 These Terms, and any dispute or claim arising out of or in connection with them or an Order, are governed by the laws of the State of Kuwait, and the courts of the State of Kuwait have exclusive jurisdiction, without prejudice to any mandatory jurisdiction of the consumer protection authorities.
27.2 These Terms are published in English and in Arabic. In the event of any inconsistency or conflict between the two texts, the Arabic text shall prevail.
Gait Care plan terms
Each Gait Care plan has terms of its own, which sit alongside the terms above: