Legal terms and conditions
TERMS AND CONDITIONS
The tumi.com.kw website (the “Website”) is operated by Habchi & Chalhoub Trading W.L.L, trading as Tumi, a limited liability company duly organized under the laws of Kuwait, under the Commercial registration number 22814, whose registered address is at Salhiya Complex, Safat 13071, Kuwait city, Kuwait and whose paid up share capital is 2,000,000 Kuwaiti dinars (“Tumi”, “us”, “we”, “our”).
By visiting the Website you agree to be bound by, consent to comply with, and consent to the practices described in, these Terms and Conditions, which govern your access and use of the Website and all content and functionalities available on the Website (or any of our other websites and related micro-sites accessed through the URL tumi.com.kw and related domain names) (the “Services”).
We grant you a non-transferable and revocable personal license to use the software that is provided to you by us as part of the Website, for the sole purpose of enabling you to use and enjoy the benefit of our Services, as provided by Tumi in the manner permitted by the Terms and Conditions. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in writing in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you, and without prejudice to any other rights of Tumi.
Certain Services and related features, such as but not limited to, newsletters, that may be made available on the Website may require registration or subscription to enable your use of them. Should you choose to register or subscribe for any such Services or related features, you agree to provide complete, accurate and current information about yourself, and to promptly update such information if there are any changes. We may change our registration or subscription requirements from time to time. As a user of the Website you are solely responsible for keeping passwords and other account identifiers safe and secure. As a user of the Website you are entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us immediately of any unauthorized use of your password or account. Tumi shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this paragraph. You may be liable for our losses or others due to such unauthorized use.
You are responsible for your use of the Website, for any information, text, graphics, photos or other materials which you upload or post to the Website (collectively “Your Content”), and for any consequences thereof. Most content you submit, post, or display through the Website is public by default and will be able to be viewed by other users and through third party services and websites. You should only provide content that you are comfortable sharing with others under these Terms and Conditions. When posting Your Content, you agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. We may not monitor or control Your Content and, we cannot take responsibility for Your Content. Any use or reliance on Your Content, or content provided by any party other than Tumi (such as other users) (“Other Content”) or obtained by you through the Website is at your own risk. Your Content may be moderated and may take up to 48 hours to be displayed but Tumi does not commit to checking all Your Content or Other Content and will not be liable for the same. If you have a complaint about any posts please contact our Customer Service. Tumi reserves the right, in its sole discretion, not to publish or to remove any Your Content or Other Content that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data or improperly uses the medium for promoting and advertising businesses.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of Other Content or endorse any opinions expressed via the Website. You understand that by using the Website, you may be exposed to Other Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any of Your Content or Other Content, including, but not limited to, any errors or omissions in Your Content or Other Content, or any loss or damage of any kind incurred as a result of the use of Your Content or Other Content posted, emailed, transmitted or otherwise made available via the Website or broadcast elsewhere.
You retain your rights to Your Content. By submitting, posting or displaying Your Content on or through the Website, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for Tumi to provide, promote, and improve the services it provides and to make Your Content available to other companies, organizations or individuals who partner with Tumi for the syndication, broadcast, distribution or publication of Your Content on other media and services, subject to our terms and conditions for Your Content use. Such additional uses by Tumi, or other companies, organizations or individuals who partner with Tumi, may be made with no compensation paid to you with respect to Your Content.
We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt Your Content to any requirements or limitations of any networks, devices, services or media. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any of Your Content, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Tumi, its users and the public.
You may not do any of the following while accessing or using the Website: (i) access, tamper with, or use non-public areas of the Website, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Website by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to the Terms and Conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of Your Content in such a manner as to interfere with or create an undue burden on the Website.
The purchase of products through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of Kuwait.
In order to make purchases on the Website, you must provide your personal details, including your real first and last name, valid mobile telephone number, alternate contact phone number, valid e-mail address, payment details, valid billing address and other requested information as indicated. You represent and warrant that the payment details you provide are valid, complete and correct and confirm that you are the person referred to in the billing information provided.
The Website is only available to persons who meet Tumi terms of eligibility, those who hold a valid credit/debit card by a bank acceptable to Tumi, and those who have authorized us to process a charge or charges on their credit/debit card in the amount of the total purchase price for the product(s) which they purchase. Products purchased are for personal or gift use only and shall not be re-sold, used for commercial purposes or for any other commercial benefit. Tumi reserves the right to restrict multiple quantities of an item being shipped to any one customer or delivery address.
By making an offer to purchase products(s), you expressly authorize Tumi to perform credit checks and to transmit or obtain your credit/debit card information or credit report information (including any updated information) to or from third parties to authenticate your identity, validate your credit/debit card, obtain an initial credit/debit card authorization and/or authorize individual purchase transactions, as we deem necessary. You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks and such personal information may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
ORDERS FOR THE PRODUCTS
The products appearing for sale on the Website are subject to acceptance and availability. If, for any reason following the placement of an order for product(s), we are unable to supply a particular product, we will inform you as soon as possible, cancel your order in respect of the relevant product(s) and refund you or re-credit your account for any sum that has been paid by you or debited from your credit/debit card for the product(s) which cannot be supplied by us.
Please note that you can order up to six (6) items of a product.
All orders are subject to acceptance. We reserve the right to refuse or cancel an order for any reason, including inaccuracies, or errors in product or pricing information, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the Terms and Conditions or any other problem identified by us.
Tumi will store a record of your transactions for as long as needed for the provision of the Services and as it may be legally required.
Once your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, it is a confirmation that we have received it.
Unless cancelled, acceptance of your order will be perfected upon completion of the packing of your order by us. Completion of the contract between you and Tumi will be perfected when we dispatch the products to you, at which time you will receive a second email confirming that your order has been dispatched. The sale contract is therefore concluded in Kuwait and the language of the contract is English. Neither our third-party payment processor nor our nominated courier has the authority to accept an order on behalf of Tumi.
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from the Website, whether or not that product has been sold, removing, screening or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Every effort is made to make sure all details on the Website are accurate, however we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the product(s), we shall refund the full amount or re-credit your account in such sum as soon as we are able. In the event that products are recalled in transit, we will process your refund/re-credit once the products have been returned to us.
By confirming your purchase at the end of the order process, you agree to accept and pay the full amount payable for the product(s) as set out in your order, including any delivery charges applicable to that order.
PRICES AND PAYMENT POLICY
The price of the products shown on the Website and delivery charges are shown in your local currency and are inclusive of any applicable taxes or import duties.
Delivery charges will be added to the price of the products and will be indicated in your local currency, separately on the order form during the check-out process.
If you are a customer whose credit/debit card is not denominated in Kuwait dinars the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
We accept the following forms of payment:
- credit/debit card: VISA/MASTERCARD/AMERICAN EXPRESS
All credit/debit card payments are subject to validation checks and authorization by the issuer. If the issuer of the credit/debit card refuses to authorize payment, we will not be liable for any delay or non-delivery. We will cancel your order and contact you for an alternative method of payment.
The details on the credit/debit card used to make the payment must match the exact ID information of the cardholder as held by the issuer. Payment will be debited and cleared from your account upon completion of the shipping of your order by Tumi. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it.
No credit/debit cards’ details will be stored, sold, shared, rented or leased to any third parties except by our online payment gateway service provider.
We take reasonable care to make the Website secure. Rest assured that your card number will be protected using SSL (Secure Socket Layer). SSL is a security technology that encrypts your card details and provides a secure connection between Internet browsers and websites, allowing you to transmit private data online. We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
Tumi delivers to the State of Kuwait.
Tumi will deliver your order to the address specified in your order.
Orders may not be shipped to P.O. boxes, AFO/FPO addresses or to any address outside Kuwait.
Estimated delivery times: two (2) to four (4) business days.
The delivery time starts from the moment you have received a shipping email confirmation.
If no one is available to accept delivery of the order, you will have the option to arrange for an alternative delivery date or be given additional information about the collection of your order from the courier company.
CANCELLATION, RETURN & EXCHANGE POLICY
It is our intention to ensure our customers are satisfied with their purchases from us.
We fully understand that sometimes you might change your mind regarding your purchase. If you change your mind before receiving your order, just call our Customer Service Team at 22200221to cancel your order and we will use all reasonable endeavors to cancel it providing your order has not yet been processed. If your order has already been processed, such cancelation will be treated as a return. Please refer to our Return section below for further information. In all circumstances, you can always contact our Customer Service who will be happy to assist you.
You may return the product(s) to us and receive a store credit note either:
- by courier: You have to notify our customer care by phone 22200221 or email us at email@example.com to request a return, free of charge for one return per order. Our customer care service will schedule the pick up of your parcel from your home address.
- by visiting the Tumi store in Kuwait.
In case of an exchange for product(s) for a lower price, including if it is an item received as a gift, a store credit will be given to you for the price difference.
In case of an exchange for product(s) for a higher price, you will need to pay the difference by cash or card.
All products must be returned to us unused and with all Tumi tags, if any, still attached and in the same condition as received, in their original box and packaging, along with the original invoice within 15 days of receipt of your order. We will not accept any returns if the original packaging has been opened or tampered with.
Returns that are damaged or soiled may not be accepted and may be returned to you.
Once we have received and inspected the returned product(s) and approved the return by email to you we will issue a store credit note which can either be used in our physical stores or on our Website.
If you receive a wrong product, or a product received by you is damaged or defective, or if you simply wish to return your please contact our Customer Service which will assist you.
Products are damaged or defective if they are received damaged or where a manufacturing fault occurs within six (6) months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be damaged or defective. Where possible, we will offer to repair defective items.
For all defective items outside of our Return Policy, please contact our Customer Service Team at 22200221. Should you receive an item that is not in perfect condition please contact us immediately.
Please send all items you wish to return from an order in the same shipment to ensure your return is processed as quickly as possible.
If you paid by credit/debit card, we will process the refund by crediting the same credit/debit card used when the order was placed. Please note that refunds can take up to ten (10) business days to show on your account due to varying processing times between payment providers;
If you received an item as a gift and wish to exchange it, please contact our Customer Service who will be happy to assist you in your request. All products must be unused and with all Tumi tags still attached and in the same condition as received, in their original box and packaging, with the original invoice within 15 days of the date of the receipt of your order.
By buying products through our Website, you acknowledge and agree that Tumi carries no product liability save as described in the preceding paragraphs in relation to returning and exchanging the products or refunding/crediting the price paid, and that full liability for the products rests with the manufacturer. The terms of the manufacturer’s product liability are found in the product’s package or in the notice that accompanies the products.
All copyright, trademarks, trade names, trade dress, designs, the “look and feel” of the Website, other intellectual property and material, rights on and relating to the Website including software and all HTML and other code contained in the Website, page headers, images, texts, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads and video clips (collectively, the “IP”) are and shall at all times remain vested in Tumi, Inc. and/or are the property of their respective owners, and are protected by the laws of Kuwait and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on our Website for your personal, non-commercial use only as expressly authorized by Tumi, Inc. and/or its third party licensors provided, however, that you (i) do not modify or alter the IP in any way; and (ii) do not provide or make available the IP to any third party in a commercial manner. You will not acquire any copyright, trademark or other proprietary rights whatsoever in the IP. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Website or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP or our Website. The IP may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the IP is strictly prohibited.
Tumi, Inc. is the exclusive owner an Allied Enterprises L.L.C. is a licensee of the IP (as applicable) and is the exclusive licensee of the www.tumi.com.kw domain name.
Tumi provides no warranty as to the accuracy of the content on the Website, nor does it warrant that such content is error free or reliable or that your use of the content will not infringe the rights of third parties. Tumi does not warrant that the functional aspects of the Website or its content will be error free or that the Website, its content or the server that makes it available are free of viruses or other harmful components. If your use of the same results in any damage or the need for servicing or replacing property, material, equipment or data, Tumi is not responsible in any way for those costs. Tumi makes no warranty regarding the Website’s content, software, text, downloads, graphics or links, or any results from using the Website and you bear the entire risk of the completeness, accuracy or usefulness of any content on this Website. Tumi reserves the right to withdraw any content from the Website at any time and for any reason. Removal may be immediate and without notice. You confirm that Tumi is not liable to you or any third party for any such withdrawal.
We endeavor to provide an accurate description of the products on our Website and to display the colors of the products as accurately as possible. We cannot guarantee that your monitor’s display of any color will be accurate.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Tumi and we accept no responsibility for any such views expressed in any media.
You agree, at our request, to defend, indemnify, and hold harmless Tumi and its affiliates, including their officers, directors, agents, suppliers and licensors from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Website, any breach by you of these Terms and Conditions or the use by any other person accessing the Website using your Internet account. Tumi reserves the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you hereunder, and such right and indemnification will survive these Terms and Conditions and your use of the Website.
You acknowledge that (i) it is technically impossible that the Website will be provided free of defaults and that Tumi cannot take any responsibility for this, (ii) that defaults may lead to the temporary unavailability of the Website, and that (iii) the operation of the Website may be adversely affected by conditions and performances outside Tumi’s control, such as, for example, transmission and telecommunication links between Tumi and you and between Tumi and other systems and networks.
Tumi may at any time, temporarily or permanently modify or interrupt, all or part of the Website in order to perform maintenance work and/or make improvements and/or changes to the Website. Tumi is not liable for any modification to or suspension or interruption of the Website.
OUR WEBSITE IS PROVIDED BY TUMI ON AN “AS IS” AND “AS AVAILABLE” BASIS. TUMI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TUMI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, REASONABLE CARE AND SKILL OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TUMI DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON OUR WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
Nothing in these Terms and Conditions is intended to affect your rights as a consumer under the laws of Kuwait.
The use of the Website or any of the Services or products available thereon is at your own risk, and unless otherwise stated in these Terms and Conditions, you assume full responsibility and risk of loss resulting from your use of the Website or any of the Services or products available thereon.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL TUMI OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TUMI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL TUMI BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU TOWARDS THE PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITES AND CLAIMS IN EXCESS OF THIS LIMITATION.
We reserve the right to modify these Terms and Conditions at any time without notice to you. Any modifications of these Terms and Conditions will be effective once published on our Website. Your continued use of the Website (or any of our other websites) following such change shall signify your agreement to be bound by the modified Terms and Conditions. Please read the Terms and Conditions and check back often. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the Website.
These Terms and Conditions constitute the whole legal agreement between you and Tumi and govern your use of the Website and all Services and products available thereon and completely replace any prior agreements between you and Tumi in relation to the same.
You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you and Tumi may stop providing the same (or any features within them) to you or to users.
You understand that Tumi grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials and Tumi reserves the right to revoke these exceptions either generally or in specific cases.
You understand that you are solely responsible for (and that Tumi has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which Tumi may suffer) of any such breach.
If Tumi does not exercise or enforce, or delays in its exercise or enforcement, of any legal right or remedy, this will not be taken to be a formal waiver of Tumi’s rights.
You and Tumi are independent contractors, and these Terms and Conditions, including but not limited to submission or distribution of Your Content, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and Tumi. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set out in the Terms and Conditions. Neither party shall advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liability or obligation on behalf of, or in the name of, the other party, unless specifically provided for in these Terms and Conditions.
If any of the provision of these Terms and Conditions is held to be illegal or unenforceable, the other terms of these Terms and Conditions shall not be affected and shall remain in full force and effect.
These Terms and Conditions are reproduced in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will prevail.
These Terms and Conditions are governed by the laws of Kuwait and all disputes arising hereunder are subject to the exclusive jurisdiction of the Kuwaiti courts.
CONTACT US - CUSTOMER SERVICE
If you have any questions about the Terms and Conditions or any aspect of your order, please contact our Customer Service by email at firstname.lastname@example.org or by telephone at 22200221every day from 10AM to 10 PM (KWT TIME).