Terms & Conditions

Terms and Conditions

Statement

These Terms and Conditions apply to your use of the Qmashiee application/website (www.Qmashiee.com) and to the services provided through this application/website.

By using the Qmashiee website, you agree to be bound by these Terms and Conditions.

If you do not agree to these Terms and Conditions, you must refrain from using the website.

We reserve the right to amend the Terms and Conditions from time to time, and accordingly, you are required to review these Terms and Conditions periodically. We are not obligated to contact you or inform you of any changes made to the Terms and Conditions. Your continued use of the Qmashiee website constitutes acceptance of the Terms and Conditions applicable at the time of your use of the website.

As part of our commitment to making Qmashiee a platform you would like to visit continuously, we welcome all your comments on any of the policies or rules listed below.

Definitions

• “You” in the second-person form refers to the client and/or the user of the Qmashiee website, and all equivalent expressions shall be construed accordingly.

• “We” in the first-person form refers to Qmashiee Commission Agent Trading W.L.L., the owner of the application/website.

• “Qmashiee Website” refers to the meaning stated above.

• “User Information” means all personal details you provide to us through the Qmashiee website.

• “Website” means the internet-based site or the mobile application used via phone.

• “Content” means any reviews, comments, messages, data, information, text, music, sound, image, drawing, video, code, or other materials broadcasted to or displayed on the Qmashiee website directly or via a third-party website.

• “Terms and Conditions” means these terms and conditions, which may be subject to amendment or change from time to time.

Lawful Use

• To access the Qmashiee website, you must be at least 21 years old (according to the Gregorian calendar) and possess full legal capacity.

• Any individual under the age of 21 (according to the Gregorian calendar) using the Qmashiee website must obtain the approval of a parent or guardian to do so, and every user under the age of 21 is deemed to have obtained prior parental or guardian consent for such use.

• You represent and warrant that you have the legal right and capacity to use the Qmashiee website as stipulated in these Terms and Conditions.

• You represent and warrant that you assume full legal responsibility for the delivery of your order and that the contents of the order are lawful and legitimate, and that we bear no legal liability whatsoever for the contents of such order.

User-Provided Information

• We are not obligated, nor do any of the provisions of these Terms and Conditions obligate us in any way, to use any information. Moreover, if we use the information, we shall not be liable to perform any financial obligations towards you because of such use.

Third-Party Websites

• You acknowledge and agree that we are not responsible for the availability or content of any third-party website accessed through Qmashiee, or websites that direct you to the application/website.

Intellectual Property

• Copyrights and all intellectual property rights and trademarks in all materials and content provided as part of the Qmashiee website are and shall always remain our exclusive property. You shall not, nor shall you assist or facilitate others to, copy, reproduce, transmit, distribute, adapt, commercially exploit, or create derivative works of such materials or content.

Privacy

• You may be asked to provide personal information on different pages of the Qmashiee website, and we are committed not to use such information you provide for any purpose not listed in the Privacy Policy, nor for any purpose other than that specified on the page where such information is requested.

User Obligations and Payment and Refund Policy

• You acknowledge and agree to indemnify us and/or any affiliated entities, employees, directors, and staff working with us and/or our affiliates, immediately and upon demand, for all claims, liabilities, losses, and costs, including legal fees, arising from any breach or violation of these Terms and Conditions by you, or from any other damages resulting from your use of the Qmashiee website.

Return and Exchange Policy

• The “Qmashiee” application is an intermediary electronic platform that connects stores and consumers and is not a party to the sale and purchase transactions. Its role is limited to providing the technical means for displaying products and completing orders. Accordingly, each store shall be solely responsible for fulfilling its legal obligations towards the consumer, and the application shall not bear any liability for refusal or delay in the implementation of return policies.

• Pursuant to Article (10) of Consumer Protection Law No. 39 of 2014, and Articles (25, 26, 27) of the Executive Regulations, the return policy shall be governed as follows:

First: Consumer’s right to return or exchange within 14 days

The consumer has the right to return or exchange the product within a period not exceeding fourteen (14) days from the date of receipt, without providing reasons and without incurring any additional fees, provided that:

1. The item is in its original condition and has not been used.

2. It is not perishable or custom-made according to the consumer’s request.

3. It is not among the products excluded by law or commercial custom.

4. The request is accompanied by proof of purchase (e.g., invoice or order number).

Second: In case of size mismatch after trying the item

If the item is found not to fit the consumer after trial, the consumer shall have the right to:

• Exchange the item within a maximum of five (5) days from the date of receipt.

• If the desired size is not available, return the item and receive a refund.

• The fitting option must be confirmed on the invoice or product page.

Third: In case of a defect in the product or a tailoring/manufacturing fault

The consumer has the right to return, exchange, or request free repair of the product, even if the defect is repairable, in the following cases:

1. If the product is defective or not in conformity with the specifications or intended purpose.

2. If a tailoring fault or technical/manufacturing defect is discovered that was not apparent at the time of delivery.

3. If the product is counterfeit, imitated, or contains undeclared components.

Fourth: Products excluded from return or exchange (Article 26)

The consumer shall not have the right to return or exchange in the following cases:

1. If the defect was known and accepted by the consumer at the time of purchase, with proof thereof.

2. If the condition of the item has been altered in a way that prevents its return to original state.

3. If the item was custom-made according to the consumer’s specifications.

4. If it is among the excluded items such as:

• Jewelry and watches.

• Perfumes.

• Eyewear.

• Evening or wedding wear or items that touch the skin.

• Perishable goods.

In such cases, the return request must be submitted within 24 hours of receipt, with confirmation of the return option on the invoice.

Fifth: Consumer Duties

1. Inspect the product upon delivery.

2. Retain the purchase invoice or order number to prove the transaction.

3. Submit the request within the specified timeframe for each case.

4. Avoid using or damaging the item if intending to return it.

5. Immediately report any defect, size mismatch, or deviation from specifications.

Termination

We reserve the right to immediately terminate your use of the Qmashiee website and services in the event of your breach of any of these Terms and Conditions, or if we reasonably believe that you may breach any of these Terms and Conditions, or if you engage in conduct which, in our sole discretion, is deemed unacceptable.

Communication

If you wish to provide any feedback regarding Qmashiee or have any inquiries related thereto, please contact us via:

Email: [email protected]

WhatsApp: +965 98006096

General

• If any court or legislator determines that any provisions of these Terms and Conditions are void or otherwise unenforceable, such provisions shall be deleted from these Terms and Conditions, and the remaining provisions shall remain in full force and effect.

• Applicable Law: These Terms and Conditions and the Qmashiee platform shall be governed by the applicable laws of the State of Kuwait, and any dispute arising shall be subject exclusively to the jurisdiction of the Kuwaiti courts.

• We reserve the right to assign or otherwise transfer any or all of our rights and obligations set forth in these Terms and Conditions to any third party.

• In the event of force majeure, we reserve the right to postpone or suspend the website while preserving all your legal rights.