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T E R M S  &  C O N D I T I O N S 

1. Introduction 

1.1 Kinga Fila Skincare and Beauty Trading LLC ("Kinga Fila", "we", "us" or "our") owns and operates the King Fila website located at “www.kingafila.com” ("Website"). References to “you”, “your”, “yours” or “User” are references to the person(s) and/or business entity accessing the Website. 

 

1.2 Please read these Terms and Conditions (“Terms”) carefully as they govern our relationship with you and your use of the Website. By using the Website, Users are agreeing to our Terms, which may be updated from time to time.

 

2. Accessing the Website

 

By accessing the Website, you agree to comply with the Terms and our Privacy Policy (together as “Legal Terms”). If you do not agree to our Legal Terms, do not access, view, or otherwise use any of our services or register with us. You would need to have an account with our Website (“Account”) in order to use some parts of our services. However, Users will be free to browse through the Website without an Account.

 

3. Scope 

 

3.1 We allow our Users to buy beauty and personal care products, perfumes and cosmetics and related accessories (“Products”) listed on the Website. 

 

3.2 Further, for anything posted on the Website, the Users grant an unlimited, exclusive, irrevocable, worldwide, perpetual, royalty-free license to use, advertise, market and commercialize these in any manner by us. 

 

3.3 We have the right, in our sole and absolute discretion, to delete or move any Product that is or may be available through the Website for any reason or for no reason at all.

 

4. Products

 

4.1 The images on the Website are for illustrative purposes only and colours of the Products may vary slightly from the images displayed on the Website. We do not guarantee that the images are accurate, but we make every effort to show them as close as possible to the original item.  

 

4.2 Product specifications are given as a guide to Users and to give an approximate idea of the Products. 

 

4.3 We reserve the right to change the price of any Product, discontinue a Product or make changes to the specifications at any time, without notice. 

 

4.4 Once the Products have been put in transit by us through the shipment company as per the order placed on the Website, the Products shall only be subject to the present Terms.

 

5. Account

 

5.1 For creating Account, Users shall have the option of using their Gmail, Facebook account, and email address apart from our own create account service. In case any Gmail or Facebook account is used by the User for creating an Account, relevant personal information as required to create Account may be shared with us.

 

5.2 When you create an Account, you represent and warrant that:

 

a) If you are an individual, you are of the age of majority under applicable law, unless permitted with a parent or legal guardian's supervision (including that parent or guardian agreeing to the Legal Terms on behalf of the User);

 

b)  If you are representing a company, organisation or any other legal entity (“Entity”), you have the authority to bind the Entity to these Terms;

 

c)  You are capable of entering into and performing legally binding contracts under applicable law; and

 

d) All information which you provide is accurate, up to date, truthful and complete.

 

5.3 In case there is any change in the information provided to us, you warrant to promptly notify us about the requisite Website changes and/or updates about your information.

 

5.4 Unless expressly permitted by us and subject to the Legal Terms and any other additional terms as we determine, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or username and password (“ID”) to another party and must not use another User's Account without their permission. You are solely responsible to keep your ID or other personal information safe and you should not share it with anyone. In case of any unauthorised use of the ID of any User, we will have no liability towards the same.

 

6. Payment

 

6.1 We may offer you the option to pay for the Products online with a credit or debit card or any other approved method of payment through the Website.

 

6.2 All credit/debit card payments are subject to validation by the issuer. If the issuer of the card refuses to authorise payment, we will cancel your order and contact you for an alternative method of payment. Further, we cannot be held responsible if this should result in a delay in dispatching your order.

ALL PRICES DISPLAYED ON OUR WEBSITE ARE IN AED.

 

7. Posts by the Users, third-party copyrights

 

7.1 The Website may also include public areas in addition to writing reviews and/or rating area that allows you to post/ transmit/ upload (“Post”) your content to the Website (collectively “Content”).

 

7.2 As a User, you warrant, that any Post made by you is your original creation. Further, it is a Post that:

 

a) you either own or are the licensee, having necessary permissions and rights to use the Content you Post as well as have the right, power and authority to grant the rights set out in the Legal Terms to us; 

 

b) we are entitled to use your Content in accordance with the Legal Terms, that we may lawfully permit other Users to view your Content on the Website, without any payments (including any royalty payment) to you or any third party. We are also entitled to use your Content on our Instagram or Facebook page in accordance with the Legal Terms without any payments (including any royalty payment) to you or any third party; and

 

c) has obtained all consents and releases from all people who are identifiable in your Post.

 

7.3 Further, you must ensure that copyrights are respected accordingly and that you do not copy, paste, upload or integrate copyrighted content in any form. You waive all moral rights you may have in it and you warrant that you have obtained a waiver of all others’ applicable moral rights.

 

7.4 Some of the content used on the Website (such as, but not limited to, images and/or audio-visual material) may be the copyrighted works of third-party service providers, who reserve all their rights in such content. These third parties shall be entitled to the benefit of the Legal Terms in respect of their content as if they were “we” and shall be bound accordingly.

 

7.4 The Website and the Products available through the Website may contain links to other third-party websites ("Third-Party Websites"), which are completely unrelated to us. If you link to Third-Party Websites, you may be subject to those Third-Party Websites’ terms and conditions and other policies. 

 

8. Conduct 

 

8.1 We are committed to prioritizing the safety of our Users who are buying Products using our Website. Whilst we endeavour to provide best possible experience and safety to our Users, we also rely upon our Users to help us achieve this. Thus, as a User, you warrant that any Content Posted on the Website, does not:

 

a) violate any applicable law, policy or regulation;

 

b) infringe any of the intellectual property rights and other legal rights of any party;

 

c) harass, degrade, intimidate or is hateful towards any individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation;

 

d) impersonate any person or Entity, including, but not limited to, our employees, or falsely states or otherwise misrepresents an affiliation with a person or Entity; and 

 

e) appear to be false, deceptive, misleading, deceitful or misinformative.

 

8.2 We have a zero-tolerance policy towards any negative or offensive comments, information or Content which violates the present clause. If we come across any violation, which we will decide in our sole discretion, of conduct from the Users including, but not limited to, disrespectful comments on posts, reviews or direct messages which are harassing, bullying, abusive, body shaming, sexual advances, or threatening message including death threats or hate speech or any type of harming behaviour, it may result in us taking any or all of the following actions:

 

a) immediate, either temporary or permanent, withdrawal of your right to access the Website;

 

b) immediate, temporary or permanent, removal of any of your Posts including Content posted on the Website;

 

c) issue a warning to you;

 

d) legal proceedings against you for compensation of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs);

 

e) any further legal action against you;

 

f) disclosure of such information to law enforcement authorities as we reasonably believe to be necessary; or

 

g) any other action we may consider to be appropriate.

 

9. Reporting Offensive Content/ Intellectual Property Right Infringement 

 

We endeavour to make our Website free from any harmful, offensive, illegal or infringing Content or Product. If you have any concerns about any Content or Product that appears on the Website or you believe that such Content or Product is harmful, offensive or infringes your rights (such as your intellectual property rights), please contact us via email at kinga.beauty@icloud.com with the following information:

 

a) the location/ details about the harmful/ infringing/ offensive content;

 

b) a brief description of why you consider the content to be harmful, offensive or infringing and a statement by you that you, under good faith, believe that the disputed use is not authorized by the intellectual property owner, its agent, or any law (if applicable); and

 

c) your contact details, including your address, telephone number, and email address.

10. Shipment

10.1 We deliver our Products throughout the UAE and GCC.

10.2 There are areas within the UAE which are ‘out of delivery’ areas and therefore have a flat fee over and above the usual fee for shipment. Please see the ‘out of delivery’ area list here [add hyperlink of the list]. 

10.3 The Products are usually dispatched within seven (7) working days of placement of order on the Website.

a) Shipment for UAE: We endeavour to deliver your orders within seven (7) working days of dispatch.

b) Shipment for other GCC countries: We endeavour to deliver your order within fourteen (14) working days.

 

Customs, import duties, local delivery or storage charges in your destination country must be paid by the person receiving the order.

Shipping fees, Handling Charges, and Taxes :

ALL APPLICABLE FEES, HANDLING CHARGES, AND TAXES FOR YOUR ORDER ( EXCLUDING CUSTOMS DUTIES PAYABLE BY YOU TO YOUR LOCAL CUSTOMS AUTHORITY ) ARE INCLUDED IN THE PRODUCT PRICE. YOU WILL BE SOLEY RESPONSIBLE FOR THE PAYMENT OF  ALL SHIPPING FEES, HANDLING CHARGES, TAXES AND DUTIES ON YOUR ORDER. PLEASE CAREFULLY REVIEW ALL AMOUNTS BEFORE SUBMITTING YOUR ORDER. 

CUSTOMS DUTIES :

Cross  border deliveries can attract duties in the destination country. Please note that our product price do not include any applicable importation duties which may be imposed by customs in your country. 

 

10.4 Products will be shipped using our reliable local couriers and may change depending on the area where the Product is to be shipped. However, Products cannot be delivered to just a P.O. Box and any order placed on the Website must be accompanied with complete address.

 

10.5 Our courier partners will attempt to deliver the Products as per orders only three times by contacting you on your phone number provided to us. If there is no contact with you for the order, the order will be held with us for fourteen (14) days, during which you will be responsible to make contact with us/courier partner company for a specific delivery date and time. After the period of fourteen (14) days, we shall be returning the product to the manufacturer considering the storage and shelf life of the Products and you will have to pay the full price of the Products if you wish to obtain it.

 

10.6 We do not accept any liability for any loss incurred by you due to late delivery, non-delivered or incorrectly delivered goods.

 

10.7 You can raise a claim for discrepancy in delivery, damage, tampering or non-delivery of the Products within seven (7) working days of delivery date in writing by writing us at kinga.beauty@icloud.com. For such claims, our liability is limited to, and subject to our discretion, have the Products replaced and offer a refund of the amount equivalent to the price of the Products only. Our liability does not extend to any indirect or consequential loss.

 

10.8 We try to meet all delivery times but sometimes there may be delays, for example, because of postal/carrier delays, logistics or bad weather or any other act of God (Force Majeure). We will keep the Users updated as much as we can, and Users would be able to track their shipment progress.

 

11. Cancellation, Return or Refund 

 

11.1 We offer refund and/or return policy based on our refund policy mentioned herein.

 

11.2 In case the Product is found to be severely damaged, lost, never shipped or is not found to be as described, or a different Product is sent altogether, we will refund the amount to the extent allowed under applicable law, to the buyer.

 

11.3 We offer a seven (7) days return back policy in case the Product is found inaccurate, not matching the description or found defective. However, we do not accept:

 

a) Products damaged by misuse or showing signs of usage;

 

b) Products that have been used or altered, unless they are defective;

 

c) Accessories, if their packaging has been opened, unless they are defective;

Please return your Products in their original packaging, within seven (7) days of delivery with their respective original labels attached to it. You will ensure that you have included the original invoice and all the accessories that were delivered with your order to you.

WE ADVISE YOU TO USE TRACKABLE SHIPPING SERVICE WHEN RETURNING THE PRODUCT TO US. WE WILL NOT BE RESPONSIBLE FOR  ANY LOST PARCELS OR PARCELS THAT GET DAMAGED IN TRANSIT, AND WE WILL NOT BE ABLE TO  OFFERV YOU A REFUND. 

 

11.4 Any refunds approved under this refund policy shall be subject to a small fee for payment gateway which will be deducted from the total amount paid initially through the Website to us before the remaining amount is refunded. 

 

12. Suspension and Termination

 

12.1 We can, in our sole discretion, change, modify, suspend or discontinue, temporarily or permanently, the whole or any part of the Website at any time for any reason, including an Account being inactive for specific period and without advance notice. You are authorized to access the Website only to the extent you comply with the Legal Terms and we reserve our right to suspend or terminate any User’s Account, in our sole discretion, without notice and without liability, for:

 

a) violation (which we will decide in our sole discretion) of applicable laws or the Legal Terms by you; or

 

b) for any reasonable reason, and without advance notice.

 

12.2 You have full discretion and authority to revoke, terminate or cancel your account at any time, by asking us to terminate the account via kinga.beauty@icloud.com. Once you terminate your account or it is terminated in our sole discretion, you will lose all information associated with your Account. 

 

12.3 You have the option to “deactivate” your Account at any time through the [insert section/ hyperlink] section of your Account. However, your information will be stored with us, till you seek termination of your Account.

 

12.4 We will not be responsible to any User or any third party for any damages that may result or arise out of such suspension or termination of an Account and/or access to the Website. Termination of the Account and/or access to the Website shall be without prejudice to any rights or obligations which arose prior to the date of termination. The right to immediate termination for good cause remains unaffected.

 

13. Limitation of Liability and Indemnity

 

13.1 While we provide rules for User conduct, we do not control or direct Users' actions on our Website and are not responsible for the Content Posted on the Website. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information that may be encountered on the Website. We are not responsible for the conduct, whether online or offline, of any User.

 

13.2 You expressly agree that, to the extent permitted by applicable laws, we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from your use of or your inability to use, the Website or any of the Content and Product on the Website, or from errors, mistakes, or inaccuracies in the materials on the Website, even if we have been advised of the possibility of such damages.

 

13.3 Your use of the Website is at your sole risk. The services are provided on an “as is” basis. We disclaim all warranties, conditions, or duties of every nature whatsoever except expressly provided for each Product. 

 

13.4 The services on the Website may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer, mobile device or other electronic device). We shall not be responsible for any delays, delivery failures, damages, or losses resulting from such problems.

 

13.5 We make no representation or guarantee as to the accuracy or authenticity of the information contained in any Third-Party Website, and your linking to any other websites is completely at your own risk.

 

13.6 You agree to indemnify and hold us and our holding company, subsidiaries, affiliates, partners, officers, directors, agents and employees from any claim or demand, including administrative and legal fees), arising out of your use of or connection to the Website, from any breach by you of the Legal Terms, your improper use of our Website or your breach of any law/ rights of any third party.

 

13.7 For the sake of clarity, indemnification obligation will survive termination, modification or expiration of the Legal Terms and your use of the Website.

 

14. Disclaimer

 

14.1 THE WEBSITE IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND. WE AND OUR RESPECTIVE AGENTS/ EMPLOYEES DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS TO THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO THE WEBSITE.  

 

14.2 INFORMATION ON THE PLATFORM IS PROVIDED ON AN “AS IS” AND "AS AVAILABLE" BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW. WE, OUR RESPECTIVE AGENTS/ EMPLOYEES DO NOT GIVE OR MAKE ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RESPECT OF (I) SUCH INFORMATION BEING CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THE WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, IN RESPECT OF THE WEBSITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT IS ASSUMED SOLELY BY YOU.

 

14.3 YOU WILL USE THE SERVICES OFFERED BY US ON THE WEBSITE AT YOUR OWN RISK AND WE DO NOT ACCEPT ANY RESPONSIBILITY FOR ANY LOSSES THAT YOU MAY SUFFER AS A RESULT OF THE USE OF THE WEBSITE. 

 

14.4 WE DO NOT ACCEPT ANY RESPONSIBILITY FOR ANY INJURY CAUSED BY ALLERGIES OR ANY OTHER CAUSES THAT YOU MAY SUFFER AS A RESULT OF USE OF THE PRODUCTS.  

 

14.5 WE DISCLAIM ANY AND ALL LIABILITY WITH RESPECT TO THE CONTENT MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE CONTENT UPLOADED BY USERS OR THE THIRD-PARTY CONTENT AND SERVICES. 

 

15. Privacy and Data Protection

 

We will process your personal data to the extent you have explicitly given us such information and is further described in our Privacy Policy . Please review our Privacy Policy for more information about how we gather, process and manage personal data received from you.

 

16. Confidentiality

 

We shall not share your confidential information/ data with any third party (other than our affiliates, including our courier service to contact for pickup/ delivery as well as financial information needed for payment gateway in order to process payments) unless you have provided your express consent. We maintain strict security standards and procedures with a view to preventing unauthorized access to your confidential information/ data by anyone, including our staff. The same shall solely be used as may be necessary for performing our obligations and in accordance with the Terms.

 

17. Waiver

 

Our failure to exercise/ enforce any right or require performance of an obligation in the Terms shall not constitute a waiver of such right or provision. No waiver by either us or by you of any breach of any term or provision in the Legal Terms, express or implied, shall operate as a waiver of another breach of the same or of any term or provision of the Legal Terms, express or implied. Headings in the Legal Terms are for convenience only and have no legal effect.

 

18. Severability 

 

If any term or condition contained herein is or may become, under any written law, or is found by any court or administrative body or competent jurisdiction to be illegal, invalid, prohibited or unenforceable then such term or condition shall be ineffective to the extent of such illegality, being void, invalidity, prohibition or unenforceability. Further you and us agree that the court should endeavour to give effect to the intention as reflected in the provision. However, such invalidity or unenforceability shall not affect the other Legal Terms which shall remain in full force and effect. If any part of the Legal Terms is so found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the term in question shall apply with such modification as may be necessary to make it valid and enforceable.

 

19. Entire Agreement

The Legal Terms represent the entire understanding, which are the complete and exclusive statement of the mutual understanding between you and us, concerning your use of the Website. Any and all previous courses of dealing, written or oral understandings, discussions, representations, correspondence and communications between us and you relating to the matters covered by the Legal Terms are hereby superseded. You agree that you have not relied upon, and will have no remedy in respect of, any warranty, statement, representation or understanding made by us or any other party unless it is expressly set out in the Legal Terms.

 

20. Future Amendments

 

You agree that we have exclusive right to amend, without notice, the Legal Terms at any time by posting the relevant amended and restated Legal Terms on our Website. You should review the Legal Terms regularly to ensure that you are aware of any changes we make. Your continued use of the Website after the amended Legal Terms are posted on the Website constitutes your agreement to, and acceptance of, the amended Legal Terms. If a User does not agree with the changes, he remains free to not access, view, or otherwise use any of our services or register as a User.

 

21. Right to refuse services

 

We reserve our right to refuse any and/or all our services to any User without giving any reason or explanation thereto, and cannot, under any circumstances, be held responsible for such refusal.

 

22. Governing Law and Disputes

 

The Legal Terms shall be governed by and interpreted in accordance with the laws of the Emirate of Dubai and the federal laws of United Arab Emirates, as applicable therein. Any dispute arising out of or in connection with the Legal Terms, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of Dubai.

 

23. Contact

 

Any queries or comments about the Website or Terms should be directed via kinga.beauty@icloud.com to us. 

 

Last Updated: 07.06.2022.

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