Terms & Conditions

These Terms and Conditions (the “Terms”) govern your use of the website wearekobyko.com (and any successor or assignee website) (jointly, the “Website”), owned and operated by Nazgul Nejmi Trading LLC and/or its affiliates (“we”, or “us”), having its registered address at Horas Business Centre, Sadaf restaurant building, Al Makhtoom street, office no.5, Dubai, U.AE.

These Terms, together with our Privacy or Cookie Policy and any policies or rules made available on the Website at any time or mentioned in the Terms (including terms of Stripe and Aramex), is a binding agreement between you (“Customer” or “you”) and us as modified or amended.

By clicking accept on the Terms & conditions checkbox, you hereby agree to be bound by these Terms, Privacy Policy and Cookie Policy, and all applicable laws and/or regulations, which may be in effect from time to time.

We reserve the right to change these Terms, Privacy Policy and Cookie Policy, and any other policy applicable to the use of Website and Services. These changes are effective immediately upon posting. When amendments come into effect, the changed Terms and/or Privacy or Cookie Policy shall supersede the previous version of the Terms and/or Privacy or Cookie Policy or any other policy or convention mentioned in these Terms. By continuing to use the Website and Services after modifications enter into force, the Customer indicates to agree to be bound by such modifications.

 

1. DEFINITIONS

1.1       In these Terms, the following capitalized terms have the following definitions:

“Customer” means a user of our Services and Website, being an individual or legal entity     that uses our Services and Product(s) in order buy the Product.

“Product” means sustainable bags and accessories being sold by us.

“Services” has a definition given in clause 3.1.

 

2. ACCEPTANCE OF THE TERMS
   • If you do not agree to be bound by these Terms, Privacy and Cookie Policies, and any applicable terms, laws and regulations, you shall not use or access this Website and our Services. Please read them attentively.
   • You acknowledge and agree that we may revise these Terms at any time and in our sole discretion by posting the relevant revised and restated Terms on the Website with or without notice to you or consent from you. We reserve the right to modify, suspend or terminate the Website and/or any portion thereof, including any Service, and/or your use of the Website, or any portion thereof, at any time for any reason with or without notice to you or consent from you.
   • By continuing to access or use the Website and Services, you are indicating that you agree to be bound by the revised Terms. If you do not agree to continue to use the Website and/or Services on the basis of the revised Terms, please cease to use our Website and/or Services.

 

3. DESCRIPTION OF THE SERVICES; PURCHASING THE PRODUCT(S)
   • We provide the Products and an online platform where you can buy the Product(s) we produce (the “Services”).
   • In order to buy the Product(s) through our Website, you are required to first fill the online form on the Website indicating required details about you, such as your name, e-mail, contact number, address and the date of birth. Some of the required details about you may need to be confirmed.
   • You agree to provide true, accurate, current, and complete information about yourself as requested by the Website's online form, and you agree to maintain and promptly update the filled data (including, without limitation, your e-mail address and your shipping address) to keep it true, accurate, current and complete. You are fully responsible for the correctness of the information you provide. Any losses or damages caused by the information provided by you will be within your responsibility.
   • In order to buy the Product(s) on our Website, after you register, you need to choose the Product(s), select the details and go onto the check-out page where the necessary and final information will be given regarding the Product(s), its price, shipment and other details.
   • On the check-out page, you need to finally confirm your choice of purchase and pay the Product price and any Additional Fees subject to Section 4 of this Terms. We send you an e-mail or SMS confirmation that we have accepted the purchase. You have not successfully purchased the Product until we send you the e-mail or SMS confirmation, even if you are already charged the purchase price.
   • While using the Website, if any product is sold out, you can choose an option to be notified when the Product is back in stock. We will make such notification using the contact information provided by you.
   • You hereby confirm that any communication with us initiated from you (including regarding the damaged or lost Product(s)) may be online via e-mail on customercare@kobyko.com, unless otherwise directed by us.

 

4. PAYMENT SYSTEM
   • You have two options when buying the Product(s): pay the purchase price online or via cash on delivery (COD). If you choose an online payment, you will be redirected to the check-out window of payment gateway called Stripe. If you choose COD, paragraph 4.5 will apply.
   • Payment of the purchase price by you shall be governed by the terms of Stripe and you shall comply with them. Therefore, we strongly encourage you to read them carefully on the following link: [Link of Stripe terms]
   • We shall not, at any time and in any event, be responsible for Stripe’s services. In paragraphs 4.4-4.5, you can find the terms of or about Stripe which we expressly want you to know. However, this does not release you from the obligation to read the terms of Stripe.
   • Stripe is the front-end technology responsible for sending your information to our acquiring bank, where the transaction is then processed. While using Stripe, different payment methods will be offered and you shall choose between them. Payment options offered by Stripe are as follows: Cards (Stripes accepts all major debit and credit cards from customers in every country), Wallets, Bank Debits and Transfers, Bank Redirects, Buy Now, Pay Later, Cash-Based Vouchers.
   • As you can find in our Privacy Policy too, all card numbers are encrypted on disk with AES-256. Decryption keys are stored on separate machines.
   • If you choose COD, the purchase price will be collected from you by cash upon delivery of the Product. In such case, you shall sign the relevant form confirming that you have paid the purchase price.
   • Besides the Product price, you will be charged Shipping Fee (as defined below) and VAT (together, “Additional Fees”).
   • You are solely responsible for any additional taxes or customs (if applicable).
   • For the avoidance of doubt, we do not make any representation or warranty regarding the information given in paragraphs 4.4 and 4.5 and it is provided “AS IS”. You have to, at all times, check the Stripe’s terms for the newest and accurate information.

 

5. SHIPPMENT OF THE PRODUCT
   • In order for the Product(s) to be shipped, we use the services of logistics company called Aramex Emirates L.L.C (“Aramex”).
   • For shipping services, you will be charged with shipping fee (“Shipping Fee”).
   • Please read the terms of Aramex on the following link: https://www.aramex.com/ae/en/terms-of-use
   • In paragraphs 5.5-5.9 you can find the terms of or about Aramex which we expressly want you to know. However, you are solely responsible for reading the terms and complying with them.
   • You will get the purchased Product(s) within 5 working days after the order has been confirmed by us, unless there is a Force Majeure event. Products will be delivered within 9am-5pm, from Monday to Saturday.
   • Aramex’s liability towards Customer for loss or damage to a shipment in transit will be governed by the following conventions: Warsaw and Montreal Conventions (Airfreight), Hague Visby Rules (Sea freight) and Convention on the Contract for the International Carriage of Shipment by Road (“CMR”). In the event that the aforementioned conventions do not apply for any reason whatsoever, then Aramex’s liability towards Customer for loss or damage to a shipment in transit (courier services) will not exceed up to an amount equivalent to Twenty-Five United States Dollars (USD 25) for each lost or damaged domestic shipment, and up to One Hundred United States Dollars (USD 100) for each lost or damaged international shipment. We may decide to remunerate the remained loss (if applicable) to our Customers on our own.
   • The orders shall be delivered to the address provided by you. If you know that you will not be available to sign the package receipt form at the time of delivery or if for any other reason you prefer not to sign such a form, you can choose the option of “Signature Release” on the shipping page at the check-out on our Website. In this case, you will not be required to sign the package receipt form upon delivery of the Product(s). Please note that in this case, you take the full responsibility and liability for package and/or Product loss or damage and waive the right to request any remuneration for loss or damage of the Product(s) and/or package from us or from Aramex. Notwithstanding anything to the contrary in this paragraph 5.7, even if you have selected the “Signature Release” option on the check-out page on our Website, the orders of high value may still need the signature from you upon receipt. We, in our sole discretion, decide which products shall request your signature in any case.
   • If, at the time of delivery of the Product(s), you are not able to pick them up, the courier of Aramex will try to contact you at least 2 times on your WhatsApp number or by SMS. The courier will try to deliver the order 2 more times. Aramex will make its commercially reasonable efforts to communicate with you and give the order to you on the address indicated by you through our Website. If you are still unavailable to pick the order, the order will be returned back by Aramex.
   • If you selected COD as the payment method, you will have to sign the relevant form confirming your payment upon delivery. Airway bill and shipment records will involve the information that you have selected COD as a payment method.
   • Notwithstanding anything to the contrary in paragraphs 5.5-5.9, the delivery options may vary from time to time based on different aspects and you shall check them on the check-out page in the process of purchasing the Product(s). In addition, it is not our responsibility if the Product shipment is being delayed because of Force Majeure or any other reason beyond our control.
   • For the avoidance of doubt, we do not make any representation or warranty regarding the information given in paragraphs 5.5-5.9 and it is provided “AS IS”. You have to, at all times, check the Aramex’s terms for the newest and accurate information.

 

6. REFUND POLICY  
   • You shall have 30 calendar days from the day of receipt of the Product to request a refund. Request for refund shall be made via your e-mail used to register on the Website. After these 30 days have passed, your request for a refund will not be taken into consideration regardless of the reason of requesting refund or reason of being late to request a refund.
   • Refund means returning the same amount of money to you as you paid in the Product (excluding any commissions). The third-party (including bank) commissions may be deducted. You will be charged international shipping fees in case your refund request of an internationally shipped Product is accepted by us. Local (UAE) returns of the product(s) will be free.
   • After we receive your refund request, we shall have -- business days to review the request and give a refund or reject giving such refund via email. We will not be obliged to explain the reason of rejecting the refund. Such feedback can be given by us at our free will.
   • The method used by you to purchase the Product will be used by us in order to give a refund, unless otherwise decided by us.
   • In case of refund, you are obliged to return the Product back to us on our expense using Aramex.
   • The Customers who repeatedly buy the Products and then request refund, may, in our sole discretion, be restricted from requesting refund or using our Services or Website. We shall, in our sole discretion, decide who shall be deemed to be such Customers.

 

7. PERMITTED USE OF THE WEBSITE AND SERVICES
   • During the term of your use of the Website and Services, we grant you a non-exclusive, revocable, non-transferable, non-sublicensable license to access the Website and use the Services.
   • Except as otherwise explicitly provided in these Terms, or as may be expressly permitted by applicable law, the Customer will not, directly or indirectly:

• reproduce, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of the Services or its technological features or measures;
• use the Services for any illegal purpose or in violation of any laws and regulations, and your applicable laws;
• circumvent or disable any security or technological features or measures of the Services;
• use our intellectual property rights without express prior written authorization or in violation of these Terms;
• use the Services with an intent to build a competitive product or service, or copy or substantially copy any ideas, features, functions, organization, structure, application program interface, graphics, or user interface of the Services;
• copy, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on the Services (collectively, “Content”) or compile or collect any Content as part of a database or other work;
• use any automated tool (e.g., robots, spiders) to access or use the Services, or to store, copy, modify, distribute, or resell any Services;
• circumvent or disable any rights management, usage rules, or other security features of the Services;
• use the Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, the Services; or
• remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of the Services or any Content.
  • If you breach any of these terms and conditions, your right to use the Services will be suspended or terminated in accordance with these Terms.

 

8. WEBSITE AND SERVICES AVAILABILITY

We use commercially reasonable efforts to maintain our Website and Services on a twenty-four (24) hours a day, seven (7) days a week basis. However, our Website and Services may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance, repairs, or replacements that we undertake from time to time. Our Website and Services can be unavailable due to causes beyond our reasonable control, such as failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures. We have no obligation of notice prior to any such unavailability.

 

9. TERMINATION AND SUSPENSION
   • We may at any time and for any or no reason delete or suspend your right to use the Service with or without notice to you. If you have conducted any fraudulent and/or illegal activity, we reserve the right to take any necessary legal action and you may be liable for monetary losses to us. Without limitation, we may delete or suspend your right to use the Service if you violate these Terms, any of our policy or any applicable laws. We may also delete or suspend your right to use the Service if we have any reasons to believe that you have been engaged in inappropriate and/or offensive behavior.
   • Any and all sections which by their nature should survive the expiration or termination of these Terms shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms.

 

10. PROPRIETARY RIGHTS

We are the sole owner and lawful licensee of all text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, intellectual property rights and other content (collectively “Proprietary Material”) available on the Website. You acknowledge and agree that Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. It is expressly prohibited to use such Proprietary Material, other than as permitted therein, without our prior written consent.

 

11. WARRANTY DISCLAIMER
    • You acknowledge and agree that all access and use of the Website and Service is at your own risk. We cannot guarantee and do not warrant that the Website and Service are error-free, free of viruses, worms, free of harmful, illegal or other inappropriate language.
    • We do not warrant that the Website or Service will always be accessible and useable. We shall not be liable to you if the Website or Service is inaccessible or unusable in whole or in part, for any reason. We are not responsible for any of our service providers.
    • All content, including software, products, services, information, text and related graphics contained within or available through the Website are provided “AS IS” and “as available”. Under no circumstances shall we be liable for any errors or omissions in the content or information on the Website. We do not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained on the Website for any purpose.

 

12. NO LIABILITY

Under no circumstances shall we, including our subsidiaries, affiliates, or licensors, be liable to you, any person or entity whatsoever for any direct, indirect, incidental, consequential or punitive damages or any damages or losses whatsoever. You agree to hold us, including our subsidiaries, affiliates, or licensors, harmless from any damage, claims and/or controversies that have arisen out of or in connection with your or any other party’s use of or inability to use the Service.

 

13. GOVERNING LAW AND DISPUTE RESOLUTION
    • These Terms shall be governed by and construed in accordance with the laws of the UAE and the applicable laws of the UAE, without regard to conflict of law principles.
    • Notwithstanding the specified agreement on jurisdiction, we and the Customer shall, if any dispute arises, attempt to settle it by mutual negotiations.
    • The jurisdiction and venue for actions related to these Terms will be Dubai, the UAE, and both parties submit to the personal jurisdiction of those courts.
    • Any proceeding will be held in the English language, unless otherwise agreed to by the parties.

 

14. MISCELLANEOUS
    • Independent Contractors. The relationship of the parties established by these Terms is that of independent contractors, and nothing contained in these Terms shall be construed to give either party the power to direct or control the day-to-day activities of the other, or to create or be deemed to create an employment relationship, joint venture, partnership, or other agency between the parties.
    • Invalid Provision. If any provision of these Terms is held to be invalid, non-binding, or unenforceable, the remaining provisions shall remain valid and be enforced. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable, or non-binding provision, given the contents and purpose of these Terms.
    • Force Majeure. Neither party will be liable for delays or any failure to perform under these Terms due to causes beyond its reasonable control and to the extent not occasioned by the fault or negligence of the delayed party, including: fire; explosion; flood or other natural catastrophe; governmental legislation, acts, orders, or regulation; terrorist acts; or strikes or labor difficulties (each a “Force Majeure Event”). Any delay as a result of a Force Majeure Event shall last only as long as the Force Majeure Event remains beyond the reasonable control of the delayed party; provided, however, that the delayed party shall use its best efforts to minimize the delays caused by any such Force Majeure Event. Customer shall notify us in writing promptly after discovery of Force Majeure and the expected time of termination of Force Majeure.
    • Entire Agreement. These Terms constitute the entire agreement between you and us regarding its subject matter and supersedes any and all prior written or oral agreements between you and us.

 

Contact us

For any questions

Please contact us at:

customercare@wearekobyko.com