Vegetables & Fruits
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4.500 KD
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Terms & Conditions
CUSTOMER TERMS
These Customer Terms set out the terms and conditions on which the Products are sold to the Customers through the Marketplace owned and/or operated by foaqa or any of its companies. These Customer Terms, together with the Site Terms of Use, the Privacy Notice, and the Cookie Notice, and any additional terms as determined by foaqa, as updated or amended by foaqa from time to time, form the Agreement of sale to the Customer.
Capitalized terms used in the Agreement have the meanings given to them in the Definition Section of these Customer Terms. If there is any conflict between the documents forming the Agreement, the precedence shall be for these Customer Terms, the Site Terms of Use, the Privacy Notice, and then the Cookie Policy.
1. AGREEMENT AND SELLERS
1.1 By submitting an Order through the Marketplace, the Customer agrees to be bound by the Agreement. It is strongly advisable, and it is the Customer’s sole responsibility, to read the Agreement before submitting any Order on the Marketplace. In addition, foaqa reserves the right to change the terms of the Agreement at any time. Any such changes will be deemed to have taken effect when posted on the Marketplace.
1.2 To submit an Order, the Customer must create an Account on the Marketplace. For more information on Account creation, the Customer must refer to the Site Terms of Use. foaqa reserves the right to cancel any Order and close an Account if the Customer breaches the Account creation terms as set out in the Site Terms of Use.
1.3 The Products made available through the Marketplace are either sold by foaqa or the Sellers as indicated in the Product Description. Products sold by Sellers may be subject to different terms in addition to the ones specified to them in the Agreement. It is the Customer’s responsibility to check those different terms before submitting an Order for such Products.
2. PRICES AND ORDERS
2.1 The Customer agrees to pay the full amount for the Product as indicated in the Product Description at the time of the Order receipt on the Marketplace, in addition to any installation and shipping charges or other charges that may be applicable to the Order. While foaqa aims for all prices of the Products to be accurate at all times, errors may occur. If an error in the price of Products is discovered, foaqa will, at its sole discretion, either (1) inform the Customer as soon as possible and give the Customer the option of reconfirming the Order at the correct price or canceling such Order, or (2) cancel the Order and process the refund if payment was already made by the Customer. The Customer acknowledges that this is the sole recourse entitled to the Customer in case of a pricing error.
2.2 All prices are shown in Kuwaiti Dinar and exclude taxes (if applicable), shipping, and installation charges, unless expressly stated otherwise in the Agreement.
2.3 Once the Order is successfully submitted and accepted on the Marketplace, the Customer will receive an Order confirmation via email with the Order details. The Customer acknowledges that foaqa may not retain all Order details, therefore, it is advisable for the Customer to retain the Order details and the email confirmation for its record.
2.4 The risk of loss and damage of the Products shall pass to the Customer upon the first attempt of delivery of the Products to the Customer’s address as specified in the Order. The title of the Products shall remain with foaqa or the Seller (as the case may be) until payment for the Product is made and received in full. foaqa reserves the right to cancel any Order at any time before dispatching the Order.
3. PAYMENT
3.1 The Marketplace offers several types of payment, such as via KNET, VISA, Mastercard, or Apple Pay, which may vary at foaqa’s sole discretion. The applicable type of payment for an Order will appear at the last stage before submitting the Order.
3.2 In case of payment via card, whether at the time of Ordering or delivery, by placing an Order, the Customer authorizes foaqa or its third-party payment processor to process and validate the card details for the amount of the Order. To ensure that the card is not being used without the Customer’s consent and to validate the card and the Customer’s details, the Marketplace will direct the Customer to the payment gateway page that will ask the Customer to enter its card details as required by the payment gateway operator. Furthermore, the payment gateway operator may validate the card details along with other information provided by the Customer against the payment gateway operator’s databases.
3.3 Responsibility to validate the Customer and its card information, and to rightfully authorize the transaction deducting payments from the card lies with the respective payment gateway operator and/or the issuing bank of the card and as per their terms and conditions. foaqa is not liable for any losses or damages occurring out of fraudulent transactions happening due to attacks or breaches on any payment gateway operator, attacks or breaches on issuing banks, or due to the Customer’s card details, PIN verification details, password verification details, or any other details authorizing purchase on the payment gateway being acquired by persons of malicious intent or individuals who may not be the rightful owners of the card.
4. PRE-ORDERS
4.1 For the Products sold by foaqa, foaqa may, at its sole discretion, allow pre-Ordering by Account owners for such new Products in advance prior to the launch. Payment for the pre-Ordered Product must be made in full at the time of pre-Ordering.
4.2 In addition to these Customer Terms, the pre-Order may be subject to additional terms, and in case of any inconsistency between these Customer Terms and the additional terms, the latter shall prevail unless decided otherwise by foaqa.
4.3 The official launch date for the pre-Ordered Product will appear on the Product Description and may also be published on the Marketplace. Standard delivery timelines will commence as soon as the pre-Ordered Product is available.
4.4 Active online discount promotions running during a period prior to the release date of the pre-Order are inapplicable to the pre-Ordered Product. Online discount promotions will not be applied to pre-Orders where the release date does not coincide with the promotion.
4.5 foaqa reserves the right to change the release date as it deems fit without any liability towards the Customers. Furthermore, foaqa reserves the right to cancel all pre-Orders without any liability to the Customers except for the refund of their payment as per foaqa’s refund terms.
5. EASY CREDIT
5.1 For the Products sold by foaqa, foaqa may, through one of its companies, at its sole discretion, offer the Easy Credit option. The Customer acknowledges and agrees that the Easy Credit prices appearing on the Product Description are approximate and subject to change due to several factors, such as the Customer’s credit status and history.
5.2 Furthermore, the Customer acknowledges and agrees that the provision of Easy Credit, its prices, and installments are subject to additional terms and conditions that will be provided to Customers to conclude the Easy Credit sale; and in case of any inconsistency between these Customer Terms and the additional terms, the latter shall prevail unless decided otherwise by foaqa.
6. TRADE-IN
6.1 For the Products sold by foaqa, foaqa may, at its sole discretion, offer the Trade-in option. The Customer acknowledges and agrees that the Trade-in calculation appearing on the Marketplace is approximate and subject to change due to several factors, such as the actual status of the used product.
6.2 Furthermore, the Customer acknowledges and agrees that the provision of Trade-in, its calculation, and the Customer’s eligibility are subject to additional terms and conditions that will be provided to Customers to conclude the Trade-in transaction; and in case of any inconsistency between these Customer Terms and the additional terms, the latter shall prevail unless decided otherwise by foaqa.
7. DISCOUNT COUPONS AND GENERAL PROMOTIONS
7.1 From time to time, and as part of foaqa’s promotional activities, foaqa may, at its sole discretion, issue discount coupons to Customers who hold Accounts on the Marketplace, which can be redeemed solely by the Account owner, or apply discounts or promotional sales for certain or all Products sold by foaqa on the Marketplace. The discount coupons and the discount or promotional sales may have additional terms applicable aside from those stated in these Customer Terms; and in case of any inconsistency between these Customer Terms and the additional terms, the latter shall prevail unless decided otherwise by foaqa.
7.2 Unless otherwise stated in writing, the discount coupons are redeemable only for the Products sold by foaqa on the Marketplace. Furthermore, the discount coupons are valid during the promotional periods for which they are issued as indicated in their terms.
7.3 Discount coupons cannot be partially used, used twice, or exchanged for shopping credit. Only one discount coupon can be used per transaction.
7.4 foaqa reserves the right to suspend, stop, or exclude without any advance notice, the use of one or all discount coupons on special promotions that it offers on the Marketplace from time to time.
8. WARRANTY TERMS AND CONDITIONS
8.1 All Products sold by foaqa will be covered under a minimum one (1) year manufacturing warranty. The Customer acknowledges and agrees that foaqa’s liability under this warranty is strictly limited to the repair or replacement of the Product, at foaqa’s sole discretion, as deemed appropriate. The below terms apply to the warranties of all Products sold by foaqa:
A) No warranty covers repairs caused by negligence, abuse, misuse, improper installation, breakage, spillage of liquids, or other repairs arranged outside the authorized service center of the Products’ brand.
B) The warranty is only valid for the original purchaser and is non-transferable.
C) The warranty is only valid when the product is used for the intended purpose, in compliance with the user manual instructions provided by the manufacturer.
D) Warranty claims must be supported by the original purchase invoice.
9. DELIVERY
9.1 This Article 9 applies only to Products sold by foaqa or by Sellers whose delivery is fulfilled by foaqa. In other cases, the Sellers’ delivery terms will apply. Foaqa will make reasonable efforts to contact the Customer prior to delivery to schedule it. The payment and receipt of the Order must be completed by the Customer holding the Account, and the Customer shall provide proof of identity when requested by foaqa’s appointed delivery partner.
9.2 If the Customer is not at the specified delivery address at the time of delivery, the Order will be returned to foaqa’s warehouse. The Customer must then contact foaqa customer care to reschedule delivery. If the Customer does not contact customer care within a reasonable time, as determined by foaqa, the Order will be deemed canceled.
9.3 The Customer acknowledges that the exact delivery time depends on the accuracy of the delivery address details provided. Foaqa will deliver the purchased Products as soon as possible from the time of order confirmation.
9.4 The Customer will have the opportunity to review, change, update, or add delivery address details every time they place an order.
9.5 While foaqa will make reasonable efforts to deliver Orders within the estimated delivery time, it shall not be liable for any delays or failures to deliver within that timeframe.
9.6 The timeline for delivering Orders and associated charges may vary based on delivery area, season, Products, and delivery options, which will be determined at the time of sale. The following terms are provided for reference only:
A) Large home appliances, televisions, and items requiring installation can only be delivered during daytime hours, up to 4 PM.
B) 3-Hour Express Delivery:
A delivery charge of 1.000 KD applies, which is non-refundable in cases of incorrect delivery details or if the Customer is unreachable via the provided contact number. Deliveries made under the 3-Hour Express Delivery option cannot be rescheduled. If rescheduling is necessary, please contact foaqa customer service, and the Order will be deferred to the regular delivery schedule.
Delivery performed under 3-Hours Express Delivery cannot be rescheduled. If a reschedule is required, please contact foaqa call center on 6991922 and the Order will be deferred to the regular delivery schedule.
The 3-Hour Express Delivery is not available for the following areas:
– Al Wafrah
– Sabah Al Ahmad
– Nuwaiseeb
– Khiran
– Port of Shuaiba
– Mina al zour
– Bnaider
– Al-Julaia’a
– Dubaeya
– Mina Abdullah Refine
– Mina Abdullah
– Ali Sabah Al Salem
– Umm Al Hayman
– Al Khiran Pearl City
– West Industr Shuaiba
– Shuaiba
– Shalayhat Al Dubaiya
– Residential Khairan
– Sebya
– Om Al Naqui
– Umm al Aish
– Shumaymah
– Al Maghasil
– Kabed
- C) 1-Hour Super Express Delivery:
A 1.500 KD delivery charge applies which is non-refundable in the event of wrong delivery details or the Customer being unreachable via the provided contact number; however, the charge will be refunded if delivery takes place later than the promised time.
Delivery performed under 1-Hour Express Delivery cannot be rescheduled. If a reschedule is required, please contact foaqa call center on 6991922 and the Order will be deferred to the regular delivery schedule.
1-Hour Express Delivery is not available for the following areas:
– Al Wafrah
– Sabah Al Ahmad
– Nuwaiseeb
– Khiran
– Port of Shuaiba
– Mina al zour
– Bnaider
– Al-Julaia’a
– Dubaeya
– Mina Abdullah Refine
– Mina Abdullah
– Ali Sabah Al Salem
– Umm Al Hayman
– Al Khiran Pearl City
– West Industr Shuaiba
– Shuaiba
– Shalayhat Al Dubaiya
– Residential Khairan
– Sebya
– Om Al Naqui
– Umm al Aish
– Shumaymah
– Al Maghasil
– Kabed
– Ali Al Salem Airbase
– Abdali
– Al Matla`
– Salmy
9.7 Orders can only be delivered within Kuwait and must be signed upon delivery by the Account owner or an authorized representative who is at least 21 years old. The Customer must ensure that the delivery address is accurate and complete, including the governorate, block number, street number, building number, contact person’s name, and contact number, to enable prompt and timely delivery.
9.8 If there is a change in the delivery address or schedule after order confirmation, the Customer must contact foaqa customer service.
9.9 The Customer will be notified of the status and time of delivery. Foaqa will attempt to contact the Customer before scheduling delivery to provide information on delivery timings. While foaqa will make reasonable efforts to accommodate the Customer’s preferred delivery times and dates, the Customer acknowledges that such timings are indicative. Actual delivery times may vary due to uncontrollable delays.
9.10 In the event of the Customer’s absence, delivery is considered complete if any family member or household cleaner residing at the same address signs the invoice/delivery note. Products are deemed delivered in good condition upon acceptance of the delivery note by the Customer or their representative.
9.11 Purchased Products that are not requested for delivery or that fail to be delivered due to the Customer’s absence will be resold after one (1) month from the purchase date, and in this case, foaqa will refund the Customer the invoice value, deducting 20%.
10. INSTALLATION
10.1 This Article 10 applies only to Products sold by foaqa. The foaqa installation team will conduct a quality check in the Customer’s presence. If the Customer wishes to leave the Product unboxed for installation at a later date, they assume responsibility for its safety, and foaqa will not be liable for any damages or missing parts thereafter.
10.2 The following terms apply to air conditioner installations:
A) Foaqa is not responsible for dismantling or installing old units or using old gas pipes for new units. B) Foaqa will not perform any tasks involving crushing, drilling, or altering ceilings, aluminum, glass, or similar materials; the Customer must prepare the installation area. C) Foaqa is not liable for damages arising from hidden electrical, plumbing, or other extensions inside walls or ceilings that were not reported. D) The Customer must install a PVC pipe (sleeve) with a minimum diameter of 3 inches for concealed piping within walls. E) The maximum installation height for outdoor units is 3 meters. F) The distance between the indoor unit and the electrical point must not exceed 1.5 meters. G) Air conditioning units sized 18,000 to 36,000 BTU include 5 meters of gas piping for free; additional meters will incur a charge of 6 KD each. H) Air conditioning units sized 12,000 BTU or less include 3 meters of gas piping for free; additional meters will incur a charge of 5 KD each. I) Air conditioning units of 36,000 BTU or larger require an external power supply point of 30 amps.
10.3 The foaqa installation team will not penetrate glass, ceilings, or aluminum barriers for safety and maintenance reasons.
10.4 Foaqa currently does not provide installation services for water heaters.
10.5 An installation fee of 5 KD applies for televisions between 32 inches and 43 inches.
11. RETURN AND REFUND
11.1 For Products sold by foaqa, we are committed to providing high-quality Products. However, if the Customer needs to return or exchange a Product, it must be done as follows:
A) Products can be returned or exchanged within fourteen (14) days of delivery. The Customer must retain the delivery receipt and a copy of the Order, accessible via their Account, as proof of purchase for any after-sales queries.
B) Returned or exchanged Products must be in their original condition at the time of delivery, saleable and merchantable. It is the Customer’s responsibility to inspect the Products carefully upon delivery before unpacking, using, or installing. Unless a manufacturing defect or non-compliance with specifications is discovered (and was not apparent at delivery), foaqa may reject returns of Products not in their original condition.
11.2 All sizes and measurements of Products are approximate. Changes in specifications may occur, and foaqa may provide a substitute of equal or better quality at the same price. If the Customer is unsatisfied with the substitute, they can return or exchange it under these terms.
11.3 Foaqa reserves the right to reject returns or exchanges for Products sold at a discount or during promotional sales. Additionally, certain Products that come into contact with skin or are considered sensitive (e.g., digital cards, software, personal care items, etc.) are not eligible for return unless they have a manufacturing defect.
11.4 Refunds will be processed through the original payment method. For card refunds, processing may take 4-6 weeks, depending on the payment gateway’s policy.
11.5 For Products sold by Sellers, most offer returns within 14 days of delivery confirmation. The Customer is responsible for checking the return terms applicable to each Seller’s Products. All returns will be conducted through pickup from the Customer’s address, and foaqa will not accept returns at its showrooms.
11.6 Items sold by Sellers are not eligible for replacement or exchange. Returns for Seller Products must be fulfilled by foaqa, or they will be returned directly to the Seller. Processing returns may take up to one week, and up to two weeks for cross-border Orders.
12. SPECIAL TERMS FOR PRODUCTS SOLD BY SELLERS
12.1 Certain sections of this Agreement do not apply to Products sold by Sellers. The Customer acknowledges that Sellers are independent third parties and that any transaction for their Products is governed by the Seller’s terms and conditions as specified in the Product Description.
12.2 The process for placing an Order with a Seller is the same as placing an Order with foaqa. The Customer will add items to their cart and complete the checkout process. Payment is processed immediately, and foaqa transfers the invoice value to the Seller.
12.3 The Product Description will indicate who will fulfill the Order. If not fulfilled by foaqa, it will be fulfilled directly by the Seller.
12.4 The Customer may cancel a Seller Order from their Account prior to shipment. Cancellations are not accepted once the Order ships.
12.5 Sellers aim to maintain stock availability, but items may be unavailable at the time of Order. In such cases, the Seller will refund the Customer.
12.6 Sellers set their own prices, and prices for similar Products may vary.
13. DISCLAIMER, INDEMNITY, AND LIABILITY
13.1 To the fullest extent permitted by law, foaqa disclaims all warranties and representations regarding the Marketplace, Products, and services provided, including implied warranties of merchantability or fitness for a particular purpose. The Customer agrees that their use of the Marketplace and the purchase of Products are at their own risk.
13.2 The Customer shall indemnify and hold foaqa, its service providers, and Sellers harmless from any liabilities or claims resulting from the Customer’s misuse of the Marketplace or Account.
13.3 Foaqa is not liable for any incidental, indirect, consequential, or special damages. Its aggregate liability shall not exceed the value of the Product related to the claim.
13. DISCLAIMER, INDEMNITY, AND LIABILITY
13.1 To the fullest extent permitted by law, foaqa disclaims all warranties and representations, express, implied, or statutory, regarding the Marketplace, the Products, the delivery and installation services, or the accuracy, currency, or completeness of the information provided by foaqa. This includes implied warranties of merchantability or fitness for a particular purpose and non-infringement of intellectual property rights. The Customer expressly agrees that their use of the Marketplace and the purchase of Products are at their own risk.
13.2 The Customer shall defend, indemnify, and hold harmless foaqa, its service providers, and Sellers, along with their officers, employees, and agents, from any liabilities, costs, damages, injuries, claims, suits, judgments, causes of action, and expenses (including attorneys’ fees, court costs, and out-of-pocket expenses) incurred as a result of any harm or damage caused by the Customer’s misuse of the Marketplace or the Account.
13.3 In no event shall foaqa be liable for any incidental, indirect, consequential, punitive, or special damages, or for any loss of revenue or profits, or any other claim (whether caused by negligence or otherwise). Foaqa’s aggregate liability arising from any claims under this Agreement shall not exceed the value of the Product giving rise to the claim.
14. GENERAL PROVISIONS
14.1 The Customer acknowledges and agrees not to resell or export any purchased Products to any embargoed country or person according to US, European Union, or UK export control laws and regulations. The Customer agrees that Products purchased from the Marketplace shall not be used for activities related to the design, development, production, or use of nuclear weapons or weapons of mass destruction. The Customer is responsible for ensuring that Products are not sold, leased, or otherwise transferred to end-users engaged in these activities and shall be liable for any such activity. Foaqa assumes no liability for any Product exported or used in violation of this provision.
14.2 Foaqa may, at its sole discretion, change the terms of this Agreement at any time. No waiver of any term or condition, or of any breach of this Agreement, shall be deemed a continuing waiver or a waiver of any other term or condition or any later breach. All rights and remedies conferred by this Agreement or by law are cumulative and may be exercised singularly or concurrently.
14.3 The Customer may not assign this Agreement or any rights or obligations without the prior written consent of foaqa. Foaqa may assign or delegate any third party as it deems fit and may assign this Agreement, partially or entirely, to any third party.
14.4 This Agreement shall be governed by and construed in accordance with the laws of the State of Kuwait. All disputes arising under or in connection with this Agreement shall be resolved amicably through discussion between the Parties. If unresolved, the matter will be submitted to the competent courts of the State of Kuwait for final and exclusive resolution.
14.5 The defined terms used in this Agreement shall have the meanings set forth in this Section:
A) “Account” means the Customer account on the Marketplace; B) “Affiliate” means any person or entity that directly or indirectly controls, is controlled by, or is under common control with another person or entity; C) “Agreement” means these Customer Terms, the Site Terms of Use, the Privacy Notice, and the Cookie Policy, along with any incorporated terms and policies; D) “foaqa” refers to foaqa General Trading Company; E) “Applicable Law” means any law, statute, regulation, or ordinance having the effect of law in the State of Kuwait; F) “Control” means the possession of more than 50% of the power to direct or cause the direction of management and policies of a person or entity; G) “Cookie Notice” means the terms regulating cookie usage on the Marketplace; H) “Customer” means the buyer of Products sold on the Marketplace; I) “Customer Terms” means the terms and conditions contained in this document; J) “Marketplace” means the online e-commerce platform operated by foaqa, accessible at www.foaqa.com, and any associated applications; K) “Order” means an order placed by a Customer on the Marketplace to purchase a Product; L) “Privacy Notice” means the terms regulating data privacy on the Marketplace, available on [foaqa Privacy Policy link]; M) “Product” means any item displayed and sold by foaqa or a Seller on the Marketplace; N) “Product Description” means the information related to a Product as displayed on the Marketplace; O) “Seller” means any seller who displays and sells Products on the Marketplace; P) “Site Terms of Use” means the terms regulating the use of the Site; Q) “Trade-in” means the trade-in option that may be offered by foaqa at certain locations, subject to additional terms and conditions.
