Terms And Conditions

GENERAL 

Welcome to https://www.buildexstores.com !!! This document is a part of Contract between Company (defined hereunder) and User(s). And is applicable and enforceable ipso facto by the act of Users usage of Our Website itself and the said Contract is valid even though it is not containing signature as is hereby expressly agreed by and between the Parties hereto. This website is owned by Al Khalili  having its registered office at # 433, Way # 4006, PB 1869, PC 112, Muscat, Sultanate of Oman

These Terms and Conditions govern Your (the User’s) use of (Company) Website located at the domain name (Website address). By accessing and using the Website, the User(s) agrees to be bound by the Website Terms set out hereunder.  These terms and conditions along with the Privacy Policy constitute Your binding obligations with Company.

We reserve the right, at Our sole discretion, to change, modify, to add to or remove any portion of these Website Terms, at any time without any prior notice to You. You shall ensure to review these Website Terms periodically for updates/changes. Your continued use of the Website following the posting of updated Website Terms with changes will mean that You accept and agree to the revisions.

 

DEFINED TERMS  

Al Khalili’, ‘Us’, ‘We’, or ‘Our’ refers to Al Khalili, along with its directors, legal heirs, administrators, representatives, agents, personnel, employees and assigns.

You’, ‘Your(s)’, and ‘User(s)’ here refers to any individual viewing, accessing, and Using the Website as well as Data Subject.

‘Customer(s)’ shall mean any Person using the Services/Products (as defined herein) of Al Khalili offered through the Website/Mobile Application or otherwise and shall include without limitation Data Subject.

“Person(s)” means and includes any natural or legal person including without limitation to Company, Limited Liability Partnership, partnership firm, Trust, sole proprietorship, Association of Persons etc.

Data Subject(s)’ shall mean any Person(s) whose Personal Data/Personal Information is being collected and/or used by Al Khalili

‘Party/Parties’ User(s)/Customer(s) and Al Khalili shall be individually referred to as Party and together referred to as Parties herein specifically and throughout the Contract generally.

‘Minor’ shall be a person who is not of the age of majority as per the Applicable Law.

‘Privacy Policy/Policy’ shall mean and include the Privacy Policy of the Company available at: https://www.buildexstores.com  through which the Company collects/ discloses the User’s information.

‘Website Terms’ shall mean and include these presents.

Site/ Website/ Platform/ Online Portal(s)  here refers to the Website of the Company: https://www.buildexstores.com and shall also include without limitation any of its other websites and/or wherever the context justifies, Mobile Application (also referred to as “App”)/ mobile sites/software applications and/or other online portal(s)/platform(s) through which Company offers its Services/Products.

 

 ‘Third Party(ies)’ refers to any individual or legal entity who is not a party to this Privacy Policy and/or Website Terms.

 

Personal Data/Personal Information’ means any information relating to an identified or identifiable natural Person (‘Data Subject’);

Data Subject(s)’ shall mean any Person whose Personal Data/Personal Information is being collected by Al Khalili.

‘Data Controller’ shall mean and include any Person who collects/controls/ the Personal Data and shall have such meaning as may be assigned to this term under Applicable Data Protection Law of Oman, Qatar, or UAE respectively, as the case may be.

‘Data Processor’ shall mean and include any person who processes Personal Data and shall have such meaning as may be assigned to this term under Applicable Data Protection Law of Oman, Qatar or UAE respectively, as the case may be and may include without limitation the Data Controller. 

Cookies’ means a small text file that the Website places on the device of the User, while browsing the Site.

Personal Information/Personal Data’ means Personally Identifiable Information, any information relating to an identified or identifiable natural person, who can be identified, including but not limited to name, job profile, e-mail address, phone number, business address, location, social media links, which is or was publicly available and is collected and retained by the Al Khalili.

‘Services’ shall mean a variety of service offerings over the Website/Websites/ Mobile applications and other software made available by Company, for conditional use for the specific purposes by its Customers/ Users/prospective Customers.

 

‘Product(s)’ means the equipment, parts, materials, supplies and other goods manufactured and supplied by Al- Khalili.

‘Contract/Agreement’ shall mean and include Website Terms, Privacy Policy, and EULA (in so far as Mobile Application is concerned.

‘Consent of the Data Subject means any freely given, informed and implied, or express indication of the Data Subject's wishes by which he or she, by a statement or by a clear affirmative action or by silence signifies agreement to the processing/transmitting of Personal Data relating to him or her and shall be subject to mandates of Applicable Data Protection Law.

Provided, however, that consent also includes implied consent implied by silence/no reply by Person whose data or data relating to whom is being gathered, where such consent is not expressly prohibited by Applicable Data Protection Law.

 

‘Mobile Application/Application/ App” shall mean and include ‘Al Khalili’ mobile/ tablet/ web application which is available for download from the Authorized Source (as defined hereunder).

 

‘Authorized Source’ shall mean the source or the website from where the downloading/installing of the App is expressly permitted by Al Khalili by defining on Our Website/Platform/Online Portal(s).

 

‘Force Majeure’ means and includes any Vis Major and also any circumstance beyond the reasonable control of the party hereto, including without limitation, the following: any act of nature or the public enemy, accident, explosion, fire, storm, earthquake, flood, drought, perils of the sea, the elements, insect/snake bite, casualty, strikes, lock-outs, labor troubles, riots, sabotage, embargo, war (whether or not declared), governmental laws, regulations, orders, or decrees, unavailability of raw material, pandemic, ransomware attack, or seizure.

Applicable Law’ shall mean any applicable and relevant law, statute, rule, regulation, ordinances, treaty, judicial precedent, order, judgment, decree, the injunction, permit, or decision of the government, court, or other legislative body, having jurisdiction over or otherwise governing these presents, as may be in force from time to time, without regard to conflict of law principles.

Applicable Data Protection Law’ shall mean any mandatorily applicable and relevant law, statute, rule, regulation, ordinance, treaty, judicial precedent, order, decree, judgment, injunction, permit or decisions of the government, decisions of the court or equivalent for having the effect of law in Oman, Qatar and UAE, as the case may be, and applicable international law, as may be in force from time to time.

‘Al Khalili’ For the purposes of this Agreement and Website Terms ‘Al Khalili’ shall mean and include a group of companies namely:

Al Khalili United Enterprises LLC, having registered number 1024353

 

1.   USER REPRESENTATION

By using Our Website, You represent and confirm that You are of the age of majority under the Applicable Law or You are otherwise competent to enter into a legally binding agreement in the jurisdiction in which You are accessing Our Website as well as per the Applicable Law.


2.   WHAT IF YOU ARE A MINOR OR A PERSON WHO IS INCOMPETENT TO CONTRACT?

In case You are a Minor or a person who is otherwise incompetent to enter into an agreement under Applicable Law, it shall be presumed that You are accessing the Website under the supervision of a legal guardian who is capable of understanding and agreeing to this Website Terms and who shall be liable in case of a violation/ non-observance by You of these Website Terms.

 

3. USER CONDUCT

- You shall use the Website only for lawful purposes and in accordance with these Website Terms.

- You agree not to use the Website in any way that violates any applicable federal, state, local or international law or regulation 

- You agree not to use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other Party’s use of the Website

- You agree not to use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

- You agree not to Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

- You agree not to - use any device, software, or routine that interferes with the proper working of the Website and introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

- You agree not to otherwise attempt to interfere with the proper working of the Website.

 4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US?

- After placing an order, You will receive an online notification from Us acknowledging that We have received Your order. Please note that this does not mean that Your order has been accepted. Your order constitutes an offer to buy a Product or Service. All orders are subject to acceptance by Us. The contract between us will only be formed when you receive the Products and/or Services (as applicable).

- In the case of Products/Services, the contract will relate only to those Products/Services which You receive. A contract for any other Products which may have been part of Your order will be formed when You receive those other Products/Services.

-Irrespective of whether You commit any breach/ violation of any of the terms contained in Our Website Terms/ Privacy Policy, We may at any time at Our sole discretion and without giving any reason or any prior notice, terminate or temporarily suspend Your access to all or any part of the Website.

 

5. INTELLECTUAL PROPERTY

You agree and acknowledge that Al Khalili owns all the rights, title, and interest in and to Website including without limitation to its design, content etc. The intellectual property rights ("Intellectual Property Rights") and materials published on this Website including (but not limited to) software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings, and flash animation, are owned by Al Khalili, any other material which is published on the Website by any of the partners, associates, and sponsors of Al Khalili  is owned by the respective partners, associates, and sponsors or by Al Khalili. Users shall not modify, copy, share, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Website either in whole or in part without express prior written consent and license from Al Khalili. User(s) confirms and undertakes not to display or use the names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights of any Third-Party on Al Khalil’s Website. User(s) agree to indemnify and hold harmless Al Khalili, its directors, employees, affiliates, and assigns against all costs, damages, loss, and harm including without limitation, towards litigation costs and counsel fees, in respect of any Third Party, claims that may be initiated against User(s)/Al Khalili including without limitation for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights on Al Khalil’s Website  by either other User(s) or through the User's commissions or omissions or by anyone acting through/for/on behalf of Users or by Third Party.

 

6. LIMITATION OF LIABILITY

In no event shall Al Khalili, its respective officers, partners, directors, employees, members or representatives (and all successors and assigns of any of the foregoing) be held responsible and liable on account of any loss or damage sustained by You by including but not limited to:

(1) errors, mistakes, or inaccuracies in any content/ information on the Website.

(2) any personal injury or property damage related to Your use of the Al Khalili’s Services/Website/Products;

(3) any special or consequential damages that result from the use of, or the inability to use, the materials, Products/Services of Al Khalili’s Site/Website/Platform.

(4) Al Khalili  shall not be liable to the other Party (You) including without limitation to User(s) for exemplary, punitive, special, incidental, indirect or consequential damages including without limitation, interruption of business, lost profits, lost or corrupted data or content, lost revenue arising out of this Agreement (including without limitation the software application license/Website/Services/Products, the use of the software applications license/Website/Services/Products or the inability to use software application/Website/Services/Products), even if the Party (You) has(ve) been advised of the possibility of such damages. In no event, if at all, shall the aggregate liability of Al Khalili or any Third Party (engaged by Al Khalili ) arising out of or in connection with these Website Terms, EULA (subscription terms for use of Mobile Application), the Privacy Policy, the Services/Products provided, including any license, use, or other employment of the Service, whether such liability arises from any claim based on breach or repudiation of contract, breach of warranty, tort, or otherwise, exceed the total amount actually paid by You (acting as User(s), Customer(s) or otherwise) for the transaction relating to the particular Product/Service giving rise to such claim. 

(5) events beyond the reasonable control of Al Khalili , including any internet failures, equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, earthquakes, explosions, acts of god, epidemic, pandemic  war, terrorism, intergalactic struggles, governmental actions, changes in Applicable Law orders of courts, agencies or tribunals and other causes/events of Force Majeure and/or non-performance/delayed/only partial/sub-standard performance of/by Third parties,  by Users or any Third Party or entity during the course of access/usage of the Al Khalili  Services/Products/Website/Platform by User or anyone acting through User or for User.

7. DISCLAIMER

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE/PRODUCTS OR SERVICES PROVIDED BY US, IS AT YOUR OWN RISK, AND THAT ALL INFORMATION, CONTENT, AND OTHER MATERIALS CONTAINED WITHIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH/IN THE FORM OF OUR WEBSITE/ PLATFORM/ PRODUCTS/ SERVICES ARE BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT FOR THE PRODUCT/SERVICE WARRANTY, IF ANY, SOECIFIED EXPRESSLY IN WRITING ON THE SPECIFIC PRODUCT OR SERVICE.

WE DISCLAIM ANY LIABILITY ASSOCIATED WITH THE USE OF THE WEBSITE/PLATFORM BY YOU WHICH RESULTS IN ANY THIRD PARTY INTELLECTUAL PROPERTY VIOLATION OR ANY OTHER CLAIM.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, DUE TO YOUR USE OF THE WEBSITE/PLATFORM OR ANY SERVICES/PRODUCTS OBTAINED THROUGH THE WEBSITE/PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

COMPANY (WE) DOES NOT MAKE ANY WARRANTY OR REPRESENTATION THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES/PRODUCTS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, AND THAT DEFECTS WILL BE CORRECTED.

YOU SHALL BE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES THAT YOU MAY SUFFER, WHICH MAY ARISE DUE TO YOUR ACCESS TO THE COMPANY WEBSITE BY CONDUCTING AN ILLEGAL ACT OR DUE TO NON-CONFORMITY WITH THESE WEBSITE TERMS, PRIVACY POLICY, EULA, AND/OR OTHER RULES AND REGULATIONS IN RELATION TO OUR PRODUCTS/SERVICES.

8. LINKS TO OTHER WEBSITES

Our Website contains a number of links to other websites and online resources that are not owned or controlled by the Company.

The company has no control over Third-Party Websites/online portals, and therefore cannot assume responsibility for the content or general practices of any Third Party Websites and another service or data security. Therefore, We strongly advise You to read the Website Terms and Privacy Policy of any website that You visit as a result of the following link that is posted on Our Website/Platform. The links do not signify that We endorse the website(s).

 

9. FORCE MAJEURE

We shall have no liability for delays or failures in the delivery of performance(s) of Our obligations to You resulting from any act of God (such as tornados, earthquakes, hurricanes, floods, fire or other natural catastrophe) strikes, lockouts or other industrial disturbances; war, terrorist acts, riot, or other civil disturbance; ransomware attacks, pandemics/epidemics; or other similar forces which We could NOT, by the exercise of reasonable diligence, have avoided or otherwise have foreseen. Our performance will be deemed to be suspended for the period that the event which is beyond Our reasonable control (Force Majeure event) continues and We shall at Our own discretion use Our reasonable attempts to minimize any delay caused by such the event which is beyond Our reasonable control.

10. PRIVACY POLICY

Our Privacy Policy, which sets out how We will use Your Personal Information can be found at https://www.buildexstores.com. By using this Website, You consent to the collecting/processing described therein and warrant that all data provided by You is accurate.

11. SUSPENSION OF ACCESS/TERMINATION

Irrespective of whether You commit any breach/ violation of any of the Website Terms contained herein/ of Our Privacy Policy, We may at any time at Our sole discretion and without giving any reason or any prior notice, terminate or temporarily suspend Your access to all or any part of the Website/Mobile Application.

12. DISPUTE RESOLUTION

Refer to Privacy Policy.

13. MISCELLANEOUS

Indemnification

You shall indemnify and hold harmless Al Khalili, its affiliates and their respective officers, directors, lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees arising out of any way related to Your breach of any of the provisions of these Website Terms.

Severability

In the event any provision or part of these Website Terms is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire provisions will be inoperative.

Announcements and Notices

To notify You of matters relating to Our Services/Products We will use the email-address and other contact details You provide Us when You register on Our Website.

Entire Agreement

These Website Terms  and Privacy Policy and wherever the context justifies, the EULA for Mobile Application along with disclaimers on the Website constitute the entire agreement between Al Khalili and You in relation to Your use of this Website https://www.buildexstores.com and supersede all prior agreements and understandings with respect to the same.

14. CHANGES TO WEBSITE TERMS

We may revise and update these Website Terms from time to time in Our sole discretion. All changes are effective immediately when We post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Website Terms means that You accept and agree to the changes. You are advised to visit and keep visiting the Website frequently so as to be aware of the changes carried out by Us.

15. GOVERNING LAW

These Website Terms shall be governed by and construed in accordance with the Applicable Law of Oman, Qatar, and UAE subject to the international principles of conflict of laws. You agree, as We do, to submit to the exclusive jurisdiction of the courts in Oman.

16. GIFT / PROMO VOUCHER CONDITIONS

• Each promo voucher can only be used and redeemed one time.

• Each promo voucher can be redeemed against one order. 

• Promo vouchers cannot be set against shipping costs.

• Promo voucher cannot be clubbed with any other offers

• If you exercise your right to return, the discounted purchase price will be refunded. No claims can be made for reimbursement or the replacement of the promo voucher.

• Resale of promo vouchers are prohibited.

• We are not responsible if a promo voucher is lost, stolen, damaged, or destroyed and no replacement will be provided in these circumstances

If problems unexpectedly occur with a promo voucher, please contact us by e-mail: Customercare@BuildexStores.com. Please describe the problem as precisely as possible, quoting details including your customer number, the voucher code, any system error messages, and the browser that you are using.

17. CASHBACK VOUCHER CONDITIONS

• Each promo voucher can only be used and redeemed one time.

• Promo vouchers cannot be set against shipping costs and VAT

• Promo voucher cannot be clubbed with any other offers

• If you exercise your right to return, the cashback voucher cannot be claimed  

No claims can be made for reimbursement or the replacement of the promo voucher.

• Resale of promo vouchers is prohibited.

• We are not responsible if a promo voucher is lost, stolen, damaged, or destroyed and no replacement will be provided in these circumstances

- Offer Valid till 30.09.2021

- Vouchers can be redeemed only on buildexstores.com