Terms & Conditions

Terms and Conditions

Terms and Conditions, Policies available through the Website, form the agreement between the customer (you and your) and Ashraf WLL. These Terms apply to your access to and use of our website and to the ordering, purchase and delivery of Products from the Website.

By accessing the Website and/or submitting an Order, you agree to be bound by, and to abide by, these Terms and Conditions.  If you do not agree to these Terms and Conditions, then you must stop using the Website (including any content available on the Website and any services offered on the Website).

Ashraf WLL reserves the right in its sole and absolute discretion to modify the Terms and Conditions without providing notice to you, by posting an updated version of the Terms and Conditions on the Website.  If you are a Member, or you have otherwise agreed to receive communications from us via email, we will notify you of modifications to the Terms and Conditions via the email address which you gave us to receive email communications from us.  If these Terms and Conditions are amended, you must comply with the updated Terms and Conditions.  You agree that your continued use of the Website after such amendment constitutes acceptance of the amendments and evidences your agreement to abide by and be bound by such modifications.  As such, Ashraf WLL recommends and advises that you regularly check these Terms and Conditions for any amendments.

You should BE AWARE OF SEVERAL key terms

These Terms and Conditions, including any additional terms or Website Policies, form the agreement between you and Ashraf WLL.  The Terms and Conditions apply to use of our Ashraf WLL Store website and ordering, purchase and delivery of our Products.  In this summary we outline some of the key terms that apply to you, including terms regarding the supply of our Products to you.  This summary is designed to assist you by disclosing certain terms that affect you.  However it is not a substitute for reading and understanding the Terms and Conditions.  Please contact us if you have any questions.

Your information and data

Ashraf WLL collects personal information about you that is necessary for us to perform our functions and to provide you with a better service, including to process orders made by you, communicate special offers, run competitions, conduct market research and to comply with Ashraf WLL's legal obligations.

To use the Website, you will need to grant Ashraf WLL certain permissions and access to your Device.  This includes, for example, enabling the Website to use cookies.  Ashraf WLL may collect personal information and data relating you from your use of the Website and disclose such information and data to third parties in accordance with the Terms and Conditions, Ashraf WLL's Privacy Policy and applicable laws. 

Key points from Ashraf WLL's Privacy Policy include:

·         Disclosure of personal information: Ashraf WLL may disclose your personal information internally within the Ashraf WLL Corporation group of companies, to our service providers (eg IT service providers and marketing agencies) which may be located outside of Bahrain, and to anyone else to whom you authorize us to disclose your personal information.  Within Ashraf WLL, only designated Ashraf WLL employees or agents who need to carry out legitimate business functions for Ashraf WLL are permitted to view personal information and are bound by strict confidentiality guidelines.

·         Use and disclosure of credit information: Ashraf WLL may disclose your credit information for the purpose of assessing your application for credit, managing your relationship with us and collecting overdue payments.  Ashraf WLL may disclose your credit information internally within the Ashraf WLL Corporation group of companies, credit reporting bodies, Ashraf WLL's credit insurers and Ashraf WLL's insurance brokers.  Ashraf WLL may be entitled to disclose to a credit reporting body if you fail to meet your consumer credit obligations or if you commit a serious credit infringement.

We will not otherwise sell or distribute your personal information to third parties unless we have your consent (or are required by law to do so).  However, you should be careful when posting Content on the Website as it is considered public and Ashraf WLL is under no obligation of confidentiality regarding Content you post.

Limitations of our liability

Ashraf WLL's liability to you and certain third parties is limited under the Terms and Conditions.  These limitations of liability generally apply where Loss or liability:

·         is caused by your act, omission or breach of the Terms and Conditions (e.g. a failure by you to advise us of any change to your details, or to notify us if you believe your account has been breached);

·         is caused by circumstances outside Ashraf WLL's reasonable control (e.g. due to force majeure events or where Ashraf WLL is unable to achieve anticipated delivery timeframes due to factors beyond its control);

·         is caused by general risks associated with using the Internet, such as threats posed by viruses;

·         relates to the reliability or performance of the Website (e.g. if you are unable to access the Website due to a slow internet connection or there are too many users trying to access the Website);

·         is due to terminating your access to the Website or Membership under the Terms and Conditions;

·         is caused because of any delay in the delivery or change in delivery times of the Product(s); or

·         is due to any delay in processing a refund due to you.

To the extent permitted by law (including under the Bahrainn Consumer Law and the Consumer Guarantees), Ashraf WLL excludes all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom.  If you are a Consumer acquiring goods or services that are not PDH Good or Services, we limit our liability for a failure to comply with any Consumer Guarantee (except if that would cause all or part of this clause to be void) to, at our option:

·         for goods, repairing or replacing the goods or paying for them to be repaired or replaced; and

·         in the case of services, re-supplying the services or paying the cost of having the services re-supplied.

Your liability

Any transactions on the Website under your Membership ID are binding.  For this reason, you must:

·         keep your Membership ID and password secure and confidential at all times; and

·         promptly notify us if you have reason to believe that there has been a security breach of your account.

You will be liable for any charges incurred by us that are caused by your failure to state the Delivery Address correctly (e.g. redelivery fees).  If we do not receive your payment before the Product is delivered to you, we may reclaim the Product from you even if it has been delivered to you, and we may keep or re-sell the Product.

Termination of access

Ashraf WLL may suspend or terminate your Membership account, or remove your access to the Website, without notice for the following reasons:

·         if you have breached or we suspect that you have breached these Terms and Conditions;

·         if you have committed any act or omission which (a) has resulted or may result in Ashraf WLL incurring any liability; (b) causes or may cause damage to Ashraf WLL's reputation; (c) has or may have a negative impact on any other Member(s); or

·         if Ashraf WLL decides to change its My Ashraf WLL Life offering.

Ashraf WLL may ask you to cease any conduct we believe is contrary to your obligations under the Terms and Conditions, and you must immediately comply with our request.  If you fail to do so, we may terminate and block your access to the Website or the services provided by the Website.  Ashraf WLL also has the right to monitor, edit, disclose, delete and refuse to transmit or post any content submitted or published using the Website.

Modifications to Terms and Conditions

Membership is only effective when your online registration is accepted and communicated to you by Ashraf WLL via an email acknowledging the new Membership.  You will receive a Membership ID and will be required to create a password.  We may decline to provide you with a Membership ID or a password or to permit you to register a Membership ID or a password for the Website in our sole discretion.

You may use your My Ashraf WLL Membership ID and password for your transactions on the Website.

 

1.                  Membership account security

1.1              Membership is non-transferable.

1.2              You must keep your Membership ID and password secure and confidential, and you are responsible and liable for any activity on your Membership account as if that activity was by you.  This includes but is not limited to any and all Products purchased under your Membership ID.

1.3              Any transaction or use of the Website under your Membership ID which is authenticated by your password will be deemed to be undertaken by you, on your behalf or as your agent, with due authorization from you at all times.  Any transaction made on the Website under your Membership ID is binding on you.

1.4              Ashraf WLL reserves the right to suspend or terminate your Membership account without notice for any of the following reasons:

(a)           if you have breached or we suspect that you have breached these Terms and Conditions;

(b)           if you have committed any act or omission which:

(i)             has resulted or may result in Ashraf WLL incurring any liability;

(ii)            causes or may cause damage to Ashraf WLL's reputation;

(iii)           has or may have a negative impact on any other Member(s); or

(c)            if Ashraf WLL decides to change its My Ashraf offering.

 

2.                  Information you are required to provide

2.1              You are required to provide accurate and complete information about yourself when requested in order to obtain Membership or otherwise purchase Products from the Website.  You may update the information you have submitted online from time to time via the Website by updating your Membership Account or by contacting Ashraf WLL .

2.2              You must promptly inform Ashraf WLL if any of your contact or other details which you register with us change, including but not limited to:

(a)           your home address;

(b)           your contact number; and

(c)            your email address.

2.3              Ashraf WLL is not responsible or liable for any Loss resulting from any failure by you to advise Ashraf WLL of any change to your personal details.

3.                  Use of the Website

3.1              You must provide your own internet access and Device in order to use the Website.  You are responsible for all internet access, data download and other network charges arising from your use of the Website and you acknowledge and agree that we have no responsibility or liability for those charges.

3.2              You are responsible for the operation and maintenance of your Device and for ensuring that the Website is accessible from your Device.

3.3              We are under no obligation to monitor any transmissions made or content submitted or (where applicable) published using the Website.  However, we have the right to monitor, edit, disclose, delete and (where applicable) refuse to transmit or post any such transmissions and content.

4.                  Performance of the Website

4.1              We will use reasonable endeavours to generally make the Website available during our normal business hours.  However, the availability of the Website depends on various third party suppliers of both you and us, and accordingly, we do not warrant or guarantee that:

(a)           you will be able to use the Website at any time; or

(b)           your use of the Website will be continuous, uninterrupted, secure or error-free.

4.2              You acknowledge and agree that the Website may not be available for use from time to time, and that you may be disconnected from your use of the Website at any time for any reason, including if:

(a)           any network connection difficulties occur;

(b)           the systems providing those services are unavailable for any reason (including so that maintenance can be performed);

(c)            you breach any of these Terms and Conditions; or

(d)           we decide to terminate your access to those services.

4.3              We make no guarantee as to the reliability or performance of the Website.  The performance of the Website depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the Website and the systems that support it.

4.4              The information available through the Website is subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy.  You acknowledge and agree that you will make your own enquiries to determine whether the information you obtain through the Website is current, complete and accurate before using it.

5.                  Your obligations

5.1              You must not use (or attempt to use) the Website:

(a)           for any unlawful or dishonest activity, or any activity prohibited by these Terms and Conditions;

(b)           to access, transmit, publish or communicate material which:

(i)             is false, inaccurate, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or otherwise unlawful;

(ii)            is xenophobic, racist, abusive, harassing or hateful;

(iii)           is invasive of a person’s privacy or constitutes personal abuse directed at other users;

(iv)          constitutes spam, commercial advertising, the promotion of gambling or the promotion of your own site, business or organisation;

(v)            contains a virus or other harmful code;

(vi)          infringes a person's copyright or other rights (including any other intellectual property rights); or

(vii)         contains links to other sites that contain or promote the material identified in paragraphs (i) to (vi) above;

(c)            to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;

(d)           to transmit, publish or communicate bulk and/or unsolicited messages;

(e)           in any way that may bring negative exposure or harm to us, our suppliers or other users of the Website; or

(f)             in any way that may cause us, our suppliers or other users of the Website to incur liability to a third party.

5.2              We may ask you to cease any conduct which we believe is contrary to your obligations under these Terms and Conditions, and you must immediately comply with any such request.  If you fail to do so, we may terminate and block your access to the Website or the services provided by the Website.

6.              Security of the Website

6.1           To use the Website and its features as intended, you must:

(a)           enable the Website to use cookies; and

(b)           grant it any other permissions and access to your Device that it requires from time to time.

6.2           If you do not grant these permissions and this access, you may be unable to use the Website or some of its features.

6.3           The Website uses the internet to provide services and information.  By using the Website, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Device.

6.4           We do not warrant or guarantee the security of the Website.  You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.

7.              Third party links

7.1           The Website may contain links to other websites over which we have no control.  Those links are provided for your convenience only, and we are not responsible for their use, effect or content.  We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those websites, nor do we endorse any information, opinions, goods or services referred to on them.

8.              Placing Order for Products

8.1           All representations (in any material form) of Products for sale by Ashraf WLL on the Website constitute an invitation to treat. Accordingly, your placement of an Order on the Website constitutes an offer to Ashraf WLL on the basis of these Terms and Conditions which can be accepted or rejected by it in its discretion, and does not form a binding contract with Ashraf WLL.

8.2           To place an Order, you must:

(a)           submit a fully completed order form for the relevant Product(s);

(b)           confirm the Order details in accordance with the procedure on the Website; and

(c)            pay the full amount for the Product(s) (including any applicable taxes and delivery charges) using the payment facility on the Website.

8.3           Overseas payments will not be processed.

8.4           Your Order will be complete once you receive a Confirmation Email.

8.5           Ashraf WLL makes no guarantee, endorsement, representation or warranty, express or implied, that you will receive a Confirmation Email.  You agree that it is your responsibility to contact us if you have not received a Confirmation Email within 24 hours of placing an Order.

8.6           Ashraf WLL reserves the right to accept or reject any Order made by you for any reason (or no reason), including but not limited to, an error in the price quoted or an error in your Order.  We are not responsible or liable to you for any Loss you or any third party suffers as a result of the rejection of an Order.  We will notify you if your Order has been rejected either on the Website or by using the email address you provide to us.

9.              Availability of Products

9.1           Features and specifications of Products advertised, provided and made available on the Website are subject to change at any time without notice.  While we will use reasonable endeavors to do so, we do not guarantee that the information contained on our Website is always accurate and up-to-date, and in particular note the following:

(a)           weights, measurements, colours and sizes provided are only approximate;

(b)           any accessory featured with the Product is for illustration purposes only, and may be sold separately; and

(c)            specifications provided are subject to change from time to time due to refinements and improvements.

9.2           While Products advertised, provided and made available on the Website are generally available for purchase in Bahrain, to the fullest extent legally permitted nothing on the Website implies, represents or warrants that such Products are or will be available at the various local Ashraf WLL authorised representatives in Bahrain.  You should therefore check with your local Ashraf WLL authorised representative for specific product availability in your locality.

9.3           If any Product in your Order is out of stock or unavailable, Ashraf WLL will use reasonable endeavours to contact you within three Business Days of Ashraf WLL receiving the Order to arrange a full or partial refund, or to replace the Product with a comparable product in a similar price range (where available) with your agreement, or to come to an alternative arrangement as mutually agreed between you and Ashraf WLL.

9.4           Ashraf WLL reserves the right to discontinue or suspend the sale of any Product on the Website at any time, without notice to you.  Ashraf WLL disclaims and excludes any liability resulting from the discontinuance or suspension of any Product.

9.5           Ashraf WLL reserves its right to correct any errors to features and specifications, pricing, and any other information related to a Product published on the Website.

10.              Price

10.1           All prices displayed on the Website are quoted in Bahraini Dinar

10.2           Prices indicated on the Website for each Product do not, unless otherwise expressly stated, include delivery and handling charges.

10.3           All prices contained on the Website are subject to change at the sole and absolute discretion of Ashraf WLL without notice to you.

11.              Payment

11.1           Payment may be made by credit card, debit card

 

11.2           Payment of the full price of an order must be received and cleared by Ashraf WLL before Ashraf WLL accepts your Order.  If payment cannot be processed, your Order will be rejected, and you will be notified of this on the Website or to the email address you provide.

11.3           In paying or attempting to pay for the Product(s), you agree that you will not engage, and have not engaged, in any fraudulent conduct or contravened any law.

11.4           After your payment for the Order has been successfully processed, you will receive an email confirming that Order with an invoice that indicates the breakdown of the price of each Product and shipping/delivery fee payable by you, and the total invoice amount (Confirmation Email).  The date of this Confirmation Email will be deemed to be the date of the Order (Order Date).

 

12.              Delivery and Risk

12.1           Ashraf WLL only delivers Products ordered from the Website within Bahrain.  The delivery address specified in your order form (Delivery Address) must be within Bahrain and must not be a freight forwarding location or a PO Box.

12.2           The Product(s) included in your Ashraf WLL-confirmed Order will be dispatched to the Delivery Address.  If you do not state the Delivery Address correctly or do not provide a Delivery Address you will be liable for any extra charges incurred by Ashraf WLL (for example, redelivery fees).

 

12.3           Risk in the Product(s) passes to you on the date and time of delivery of the Product(s) to you.

12.4           If Ashraf WLL is unable to dispatch your Order for delivery to you within three Business Days of the Order Date, Ashraf WLL will contact you.

12.5           Ashraf WLL will not be liable to you for any Loss which you or any third party may suffer as a result of any delay in processing any refund due to you under clause 19.5.

12.6           Nothing in these Terms and Conditions attempts to limit or exclude liability for death or personal injury arising from Ashraf WLL's negligence or fraud.

12.7           You represent and warrant to Ashraf WLL that:

(a)           all information supplied by you to us is true, accurate, complete and up to date;

(b)           the nominated representative to receive the Product(s) in the event that you are unable to accept delivery is duly authorised by you;

(c)            you are above the age of eighteen (18) and have capacity to enter into a contract of purchase;

(d)           you have read, understood and accepted all the Terms and Conditions before placing an Order with us; and

(e)           you are not acting in contravention or any law or regulations.

13.              Exclusion and limitation of liability

13.1           You acknowledge and agree that your access to, and use of, the Website is at your own risk.

13.2           Except for any liability under the Consumer Guarantees, we exclude all responsibility and liability arising from or in connection with your use of the Equipment, including, without limitation:

(a)           any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses; and

(b)           any other Losses.

14.              Termination of Membership and suspension, withdrawal of or changes to the Website

14.1           Ashraf WLL reserves the right to, in its sole and absolute discretion, at any time, without notice to you and without liability, terminate your Membership or take other action it deems necessary or appropriate, if Ashraf WLL reasonably believes that you have breached these Terms and Conditions.

14.2           Ashraf WLL reserves the right to:

(a)           suspend your use of, or withdraw, the Website and any of its features or components; or

(b)           add to, amend remove, or disable access to, any part of the Website and any of its features or components,

in each case at any time and for any reason, without notice to you and without liability.

15.              Privacy

15.1           Unless restricted by applicable law, you agree that any and all personal information and data relating to you collected by Ashraf WLL from the Website from time to time may be used and disclosed for such purposes and to such persons as may be in accordance with these Terms and Conditions, Ashraf WLL's Privacy Policy and applicable legislation, including for the purposes of making available the Website, complying with our legal obligations, and improving the user experience in relation to the Website.

15.2           If you use the Website, the information that we may collect and store includes, without limitation:

(a)           the type of operating system and/or other software or firmware used by your Device;

(b)           the data you send and receive using the Website, and the type and quantity of that data;

(c)            the dates on which and times at which you use the Website; and

(d)           the IP and MAC address of your Device.

15.3           You agree that Ashraf WLL is under no obligation of confidentiality to you regarding the Content posted, uploaded or transmitted to Ashraf WLL by you on the Website unless agreed otherwise in a separate contract between yourself and Ashraf WLL or as required by law.

15.4           All areas and portions of the Website are considered public and, as such, you acknowledge and agree that there is no expectation of privacy or confidentiality.  Ashraf WLL reserves the right to maintain, and make use of chat logs, and any other means that it deems in its sole and absolute discretion necessary or appropriate, to ensure that users of the Website are complying with the Terms and Conditions and any applicable Website Policies.

15.5           You represent and warrant to us that the personal information you provide to us is complete and accurate.

15.6           See our Privacy Policy for more details on how Ashraf WLL deals with your personal information here.

16.              Intellectual Property

16.1           Ashraf WLL is the owner or authorised licensee of any and all Intellectual Property, rights and interests (including but not limited to copyright as applicable) in the Website and the Products.  All Contents of the Website, including, but not limited to, the text, graphics, links and sounds are the copyright of Ashraf WLL or its licensors.

16.2           All copyright and other Intellectual Property Rights in and used on the Website (including all trade marks, names and logos, whether registered or unregistered, appearing on the Website)  unless otherwise stated, are trade marks, service marks and Intellectual Property rights held by Ashraf WLL or companies within the Ashraf WLL Group.  No permission or license is granted to use any such trade mark, service mark or Intellectual Property right without prior written consent of Ashraf WLL, companies within the Ashraf WLL Group or its legal representatives (as the case may be).  You must not use or register as a trade mark, business name or domain name any trade mark, name or logo similar to those used by or associated with Ashraf WLL.

17.              Interpretation

17.1           In case of any conflict or inconsistency between any provision of these Terms and Conditions and any provision of any Website Policy, the provisions of these Terms and Conditions prevail over the provisions of the Website Policies.

18.              General

18.1           Severability – If any part of these Terms and Conditions is found to be void, invalid, unlawful or unenforceable, that provision is deemed to be ineffective only to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions.  The remaining Terms and Conditions remain in force and constitute a binding agreement between you and Ashraf WLL.

18.2           Relationship between the parties – Nothing in these Terms and Conditions constitutes the parties as partners or joint venturers or agents for the other party or give rise to any other form of fiduciary relationship between the parties.

18.3           No waiver – We do not waive a right, power or remedy in connection with these Terms and Conditions if we fail to exercise or delay in exercising the right, power or remedy.

18.4           Entire agreement – These Terms and Conditions, including any additional terms or Website Policies which may be applicable at different stages of usage of the Website, contains the entire agreement between the parties about its subject matter.  Any previous understanding, agreement, representation or warranty relating to that subject matter is deemed superseded by these Terms and Conditions and has no further effect.

18.5           Force majeure – To the extent permitted by applicable law and subject to clause 18, Ashraf WLL will not be liable to you for any failure to fulfil, or delay in fulfilling, its obligations caused by circumstances outside of its reasonable control.

18.6           Governing law – These Terms and Conditions are governed by the laws of Bahrain. 

18.7           Dispute resolution – If you have any issue arising out of these Terms and Conditions or in relation to the Website, an Order or Product(s), you agree to notify us in writing and use reasonable endeavours to resolve the matter through discussions or correspondence with us before commencing any court or tribunal proceedings.