Terms & Conditions

Last updated — August 15, 2023

Please read these Terms and Conditions (the “Terms”) carefully before using our services.

Interpretation and definitions

Interpretation

Words with the initial letter capitalized have meanings defined under the following conditions. The following definitions will have the same meaning regardless of whether they appear in singular or in plural form.

Definitions

For the purposes of these Terms:

Affiliate

means an entity that controls, is controlled by, or is under common control with a party, where “control” refers to ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.

Account

means a unique account created for you to access our Service or parts of our Service.

Country

refers to: Kuwait

Company

(referred to as “the Company”, “We”, “Us”, or “Our” in these Terms) refers to Obu Nutrition Co. LLC, Hawally, Kuwait.

Device

means any device that can access the service, such as a computer, a cell phone, or a digital tablet.

Goods

refer to the items offered for sale through the service.

Orders

mean a request by you to purchase goods from us.

Promotions

refer to contests, sweepstakes, or other promotions offered through the service.

Services

refers to the website, accessible from www.obunutrition.com

Third-party social media service

means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.

You

means the individual accessing or using the service, or the company, or other legal entity on behalf of which such individual is accessing or using the service, as applicable.

Website

refers to Obu Nutrition, accessible on obunutrition.com

Acknowledgments

These are the terms governing the use of this service and constitute the agreement between you and the company. These terms set out the rights and obligations of all users regarding the use of the service.

Your access to and use of the service is conditioned on your acceptance of and compliance with these terms. By accessing or using the service, you agree to be bound by these terms. If you disagree with any part of these terms, then you may not access the service.

You represent that you are over the age of 18. The company does not permit those under 18 to use the service.

Your access to and use of the service is also conditioned on your acceptance of and compliance with the Privacy Policy of the company. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the application or the website. Please read our Privacy Policy carefully before using our service.

Placing orders for goods

By placing an order for goods through the service, you warrant that you are legally capable of entering into binding contracts.

When you place an order for goods via our service, you confirm that:

• You have the legal capacity to enter into binding contracts.

• You possess the legal authority to use any credit or debit card(s) or other payment methods associated with any order.

• By submitting your details, you authorize us to share this information with third-party payment processors to facilitate the successful completion of your order.

• All the information you provide to us is accurate, current, and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Delivery Timeframes

Estimated Delivery Times by Country

We strive to deliver your order as swiftly as possible. Below are our estimated delivery timeframes for specific countries:

Kuwait: 1-2 business days

Bahrain: 2-3 business days

United Arab Emirates: 2-3 business days

Saudi Arabia: 4-7 business days

Qatar: 5 business days

Oman: 5 business days

Potential Delays

Please note that the above-mentioned delivery times are estimates and subject to the availability of products and other factors beyond our control. There may be situations where delivery could be delayed due to customs clearance, local logistics, or other unforeseen circumstances. We appreciate your understanding and patience in such cases.

By placing an order on our website, you acknowledge and agree to these estimated delivery timeframes and the possibility of potential delays.

Your information

To place an order for goods available on the service, you may be asked to supply certain information relevant to your order, including, but not limited to, your name, email, phone number, credit card information, billing address, and shipping information.

You represent and warrant that:

• you have the legal right to use any credit card(s) or other payment method(s) in connection with any order

• the information you supply to us is true, accurate, current, and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of your order.

Order cancellation

We reserve the right to refuse or cancel your Order at any time for specific reasons including, but not limited to:

• Goods unavailability

• Errors in the description or prices of Goods

• Errors in your Order Suspicion

• Suspicion of fraud or unauthorized or illegal transactions

Your order cancellation rights

Purchased goods can be returned only in accordance with these Terms and Conditions and our Returns Policy.

Our Returns Policy is an integral part of these Terms and Conditions. Please review our Returns Policy to understand your rights regarding the cancellation of your Order.

To exercise your right to cancel, the Goods must be returned in the same condition that you received them, with all instructions, documents, and packaging intact. Goods that are damaged or not in the same condition as you received them, or which have been used or opened beyond the original packaging, are not eligible for a refund.

We will process your refund no later than 14 days from the day on which we receive the returned Goods. We will use the same means of payment as you used for the Order, and you will not incur any fees for this reimbursement.

You will not have any right to cancel an Order for:

• Goods made to your specifications or clearly personalized

• Goods which, by nature, are not suitable for return, deteriorate rapidly, or where the expiry date has passed

• Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery

• Goods which, after delivery, are, by their nature, inseparably mixed with other items

• Digital content not supplied on a tangible medium if the performance began with your prior express consent, and you acknowledged your loss of cancellation right

Availability, errors, and inaccuracies

We continuously update the offerings of Goods on our Service. However, the Goods available through our Service may occasionally be mispriced, described inaccurately, or unavailable. We may also experience delays in updating information on our Service and in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Pricing policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The quoted prices may be adjusted by the Company subsequent to accepting an Order in the event of any factors affecting delivery that are beyond the control of the Company. This includes, but is not limited to, government action, variations in customs duties, increased shipping charges, higher foreign exchange costs. In such an event, you will have the right to cancel your Order.

Payments

All goods purchased are subject to a one-time payment. Payments can be made through various methods we have available, such as debit cards, Visa, MasterCard, American Express cards, or online payment methods (e.g., PayPal and Go Tap).

Payment cards (credit or debit) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your order.

Promotions

Any promotions made available through the Service may be governed by rules separate from these Terms. If you participate in any promotions, please review the applicable rules and our Privacy Policy. If promotion rules conflict with these Terms, the promotion rules will apply.

User accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Links to other websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“As is” and “as available” disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied:

• As to the operation or availability of the Service, or the information, content, and materials or products included thereon

• That the Service will be uninterrupted or error-free

• As to the accuracy, reliability, or currency of any information or content provided through the Service

• That the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Governing law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For european union (EU) users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United states legal compliance

You represent and warrant that:

• You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and

• You are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to these terms and conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact us

For questions about this Privacy Policy, contact us at hello@obunitrition.com or +96566655930