Terms and conditions

  1. Introduction

Welcome to Obsession, These are the terms and conditions governing your access to and use of the website by-Obsession.com,(hereinafter referred as the “Site”) used in relation to providing services mentioned in this User Agreement (“hereinafter referred as “User Agreement” or “Terms and Conditions”). By accepting these Terms and Conditions including the linked information herein, and /or by using the Site whether for placing an order or not and / or by registering on the Site, you represent that you agree to comply with the Terms and Conditions with by-Obsession.com (“we”, “us” or “by-Obsession.com”) in relation to your use of the Site or any related services. By registering on the Site or by placing an order through the Site, you agree that you shall be considered as member of by-Obsession.com and you accept the terms and conditions of this User Agreement. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.

For the purpose of this User Agreement, by-Obsession.com shall mean Obsession Cosmatics Company for Marketing W.L.L (a Kuwaiti limited liability company).

Before you become or continue as a member of the Site, you must read, agree with this User Agreement and access and read all further linked information referred to in this User Agreement, as such information contains further terms and conditions that apply to you as a user/member of by-Obsession.com. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.

  1. Eligibility for Membership

by-Obsession.com wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content or allergy to some substances without the supervision of one of the legal guradian. Therefore, membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of by-Obsession.com under this User Agreement or at law, by-Obsession.com reserves the right to limit or withdraw access to the Site or the membership of any person if by-Obsession.com believes that person is under the age of 18 years or is not capable of entering a legally binding contract under the applicable laws. The Site is not available to persons whose membership has been suspended or withdrawn by by-Obsession.com Further, if you are registering as a business entity, you represent that you have the authority to bind that entity you are representing to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading.

  1. Your Account and Registration Obligations

When you become a member or register as a member of the Site or place an order through the site, you were or will be required to provide certain information and register a username (that do not violate the public morals)and password for use on this Site. You agree that all such information provided by you is true and correct.

  1. On becoming a member of the Site, you agree:

You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify by-Obsession.com of any unauthorized use of your password or account or any other breach of security. In no event will by-Obsession.com be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. You agree to reimburse by-Obsession.com for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site or otherwise by using your designated username and password, whether or not you authorized such access.
You will provide true, accurate, current and complete information about yourself as prompted by by-Obsession.com’s registration form ( Creating Account Data ).
You will maintain and keep updating the Account Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if by-Obsession.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of by-Obsession.com under this User Agreement or at law, by-Obsession.com has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
by-Obsession.com may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person’s authority to act on your behalf. You agree to provide any information and/or documentation to by-Obsession.com upon such requests. You acknowledge and agree that if you do not provide the requisite information and / or documents, by-Obsession.com without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.

  1. Electronic Communications

You agree that by-Obsession.com may communicate with you by email notification, any other messaging application or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically through any mode of communication satisfy any legal requirement that such communications be in writing. By accepting this User Agreement, you agree to authorize by-Obsession.com to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site, updates regarding you account and any orders placed by you through by-Obsession.com or any other information as considered appropriate by by-Obsession.com. If, at any time, you decide that you do not wish to receive promotional communications, you can option out ( cancel the news or unsubscribe to the newsletter) of receiving such promotional communications by clicking on the link at the bottom of any promotional email or through disabling notification option setting available on the Site.

  1. Amendments to this User Agreement

You acknowledge and agree that by-Obsession.com shall endeavor to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under this User Agreement (“Substantial Amendment”) in accordance with the terms of this User Agreement. You acknowledge and agree that by-Obsession.com at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site or by informing you through any modes of communication as mentioned in point number 5 of this User Agreement.

  1. Fees and Services

Membership on the Site is free. by-Obsession.com does not charge any fee for browsing.

by-Obsession.com may choose to change the fees for our services for promotional events (for example and not limited to, discount and offers) or may introduce new services, and such changes are effective in accordance with their terms.

Unless otherwise stated, all fees and charges shall be quoted in the currencies that are displayed on the Site. You agree to pay all fees and charges applicable to the order placed by you on the Site including charges incurred on its return and / or exchange, including any applicable taxes or charges, to by-Obsession.com or to the appointed delivery agent.

  1. Your Information

You grant by-Obsession.com the right to use any information or material, personal or otherwise, that you provide to by-Obsession.com and/or posted on the Site in the registration or purchase process, in the feedback area or through any e-mail or through any other mode of communication or by way of any other feature or use of the Site (the “Information”) for the purposes of operating and promoting the Site in accordance with the Privacy Policy.

  1. Use of the Site

By accepting this User Agreement, you confirm that all information and details provided by you to by-Obsession.com (including on creating the account) are true, accurate and up to date in all respects and at all times.

You agree that in using the Website you will not:

Use the Site in any way that causes, or is likely to cause the Site or access to the Site to be interrupted, damaged, or impaired in any way.

Use the Site for criminal, fraudulent or illegal activity or in any manner which would cause harm or distress to any third party.

  1. Copyright

All content included / published on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations and software, is the property and copyright work of by-Obsession.com, its content is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of by-Obsession.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws.

  1. Trademarks

by-Obsession.com and related Company logo, and other words and logos included / published on the Site are either unregistered trademarks or registered trademarks of Obsession Cosmetics Company and are protected by international and local trademark and other intellectual property rights and laws. Obsession Cosmetics Company trademark may not be used in connection with any product or service that is not part of it nor in any manner that disparages or discredits by-Obsession.com.

  1. Reporting abuse of by-Obsession.com

You shall report any kind of violations or possible violation of this User Agreement to by-Obsession.com using the contact detailed specified on the Site. If you believe that your personal information and rights have been violated, please notify by-Obsession.com. Without prejudice to any other rights and remedies of by-Obsession.com under this User Agreement or at law, by-Obsession.com may limit, suspend or withdraw a user’s access to the Site and/or a user’s membership of the Site. Furthermore by-Obsession.com can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.

  1. Return / Exchange of damaged goods order

In case of an item sold through the Site is returned or an exchange is requested, you agree to the following :

You shall request a return or exchange of the item within 1 Day from the date of delivery with an evidence of the damage that have happened to the items within a period as required under the law.
You shall complete the “Return / Exchange form” enclosed in your original order or as published on the Site and place it inside the return package or as instructed to you from the email from by-Obsession.com. You shall pack and seal your return merchandise securely with all shipping labels, unused and in original condition in which the products was delivered to you.
You shall call us on +965 41032398 or connect with by-Obsession.com through any other contact details as provided on the Site and request for a return / exchange of damaged goods and confirm the pickup location. You will be notified on the date of the pickup.
Your return will be processed promptly upon arrival, and by-Obsession.com and will send you a confirmation by email or other means of communication. The refund of amount paid of product shall be subjected to successful completion of quality checking of the product returned as per by-Obsession.com policies and standards. Once received, return packages are processed within the timeframe that is enough to inspect . The credit for the returned item shall be credited either in form of store credit or as a refund to the bank account according to your choice by you or as per applicable terms and conditions. The time to post a credit to your account can vary and is determined by the issuing bank. Please contact the issuing bank for details regarding processing of returns in case you are facing delays in getting your refund post the same has been processed by by-Obsession.com
An exchange requested for a product will be completed in following two steps:

  1. A new order will be processed for the item(s) requested in exchange subject to provision of para 13 of this agreement.
  2. A store credit will be issued for the item(s) returned. Return of item shall be subject to the provision of entire para 13 of this agreement.
    In case the product has been damaged and / or used post dispatched by by-Obsession.com or owing to hygienic reasons, by-Obsession.com reserve the right to accept or refuse the return or exchange of such product.
    Any charges, duties, taxes and fee related to the fulfilment of replacement / returned / exchange of an item shall be borne by you.
  3. International shipping and packaging:

by-Obsession.com will do it’s best to secure the free shipping policy by dividing the orders that exceed the taxation threshold from each country to a numbers of parcel in order to secure the free shipping policy.

In case of exceptional circumstances (not limited to war, market vulnerability, increase fuel prices, …) the cost of shipping will added to the items price.

  1. VAT (Value Added Tax) and Duty

VAT is a transaction-based tax and is applicable to certain products sold by by-Obsession.com depending upon the laws, rules and regulations applicable to the country of fulfilment and / or country of final delivery. You agree to bear the cost of VAT or any other tax, duty or fee associated with the fulfilment of the order from its place of supply to its place of delivery.

As a general rule, the supply of transaction will take place where the goods are located when the supply for delivery to the customer commences.

Orders fulfilled from outside of your country are fulfilled from by-Obsession.com or its affiliate located and / or registered and / or residing outside of your country. In such cases, Obsession Cosmetics Company will offer you an estimation of applicable import duties, taxes, and any other fees applicable and/or incurred / expected to be incurred during the fulfilment process (hereinafter referred as “Import Fee”). By accepting this User Agreement, you agree to authorize by-Obsession.com and / or its service partners including appointed delivery agent to use the Import Fee to pay the applicable taxes, duties or any other fee and charges applicable in relation to the fulfilment of order placed by you on your behalf (or the recipient’s behalf) to the appropriate authorities in country of supply and / or in country of final delivery. You agree that the payment of Import Fees is your responsibility as an importer and is levied based on the laws of the country into which the products are being shipped. The Import Fees Deposit will vary depending on the selected shipping method, and is only an estimation of the taxes, fees, and duties that may apply and isn’t an actual calculation.

by-Obsession.com or its affiliate shall be responsible to deliver the order to the appointed courier outside of your country at the place of supply and will not act as a clearing agent or delivery agent on your behalf. You agree that in such case, the responsibility of by-Obsession.com shall end as soon as goods are dispatched and you and/or the appointed delivery agent shall be responsible for successful and timely delivery and safeguard of the goods dispatched from the place of supply to your specified delivery address. You agree that by-Obsession.com shall not be liable for any delay in deliveries, damages, loss of goods or any other matter post dispatching the goods from its warehouse.

  1. Liability limitation

by-Obsession.com is not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of items which are or become unavailable.

by-Obsession.com accepts no liability for any errors or omissions on behalf of third parties.

by-Obsession.com excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.

  1. Privacy

by-Obsession.com takes reasonable measures (physical, organizational and technological) to safeguard against unauthorized access to your personally identifiable information and to safely store your personally identifiable information. However, the Internet is not a secure medium and the privacy of your personal information can not be guaranteed. by-Obsession.com has no control over the practices of third parties (e.g. website links to the Site or third parties who misrepresent themselves as you or someone else). You agree that by-Obsession.com may process your personal information that you provide to it for the purposes of providing the services through by-Obsession.com and for sending marketing communications to you. The Privacy Policy of this Site governs our collection, processing, use and any transfer of your personally identifiable information.

  1. Breach of User Agreement

Without prejudice to any other rights and remedies of by-Obsession.com under this User Agreement or at law or otherwise, by-Obsession.com may immediately and without liability: limit your activity, limit or withdraw your membership, and/or limit or withdraw your access to the Site:

If you breach this User Agreement;
If by-Obsession.com is unable to verify or authenticate any information you provide; or
If by-Obsession.com believes (in its sole discretion) that your actions may cause legal liability for you, other users or by-Obsession.com.
if by-Obsession.com has reasonable grounds to believe that you have breached any of the restrictions mentioned in this User Agreement.
If by-Obsession.com suspect fraudulent account activity or behaviour on your part.
by-Obsession.com may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with by-Obsession.com or use the Site in any manner whatsoever until such time that such user is reinstated by by-Obsession.com, Notwithstanding the foregoing, if you breach this User Agreement, by-Obsession.com reserves the right to recover any amounts due and owed by you to by-Obsession.com or any losses and damages directly or indirectly caused by you to by-Obsession.com or to Obsession Cosmetics Company and to take such steps including legal action and/or the initiation of criminal proceedings against you as by-Obsession.com or Obsession Cosmetics Company in its sole discretion deems appropriate. Our failure to act with respect to a breach by you or others does not constitute a waiver of by-Obsession.com’s right to take any actions with respect to that, or subsequent or similar breaches. by-Obsession.com does not guarantee that it will take action against all breaches of this User Agreement.

  1. Withdrawal of Access and/or Membership

Without prejudice to any other rights and remedies of by-Obsession.com under this User Agreement or at law or otherwise, by-Obsession.com may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.

  1. No Warranty

by-Obsession.com provides the Site and its services on an “as is” and “as available” basis without any representation or endorsement and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. by-Obsession.com makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. by-Obsession.com makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that by-Obsession.com has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.

  1. Limitation of Liabilities

To the extent permitted by law, by-Obsession.com, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages or loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement, howsoever arising, including negligence or otherwise and whether or not by-Obsession.com has been advised of the possibility of such losses or damages.

If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to by-Obsession.com and by-Obsession.com shall treat any such unauthorized use as violation of the terms and conditions of this User Agreement.

  1. Indemnity

You agree to indemnify and hold by-Obsession.com and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of by-Obsession.com or any third party.

  1. Relationship and Notice

None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and by-Obsession.com and you shall have no authority to bind by-Obsession.com in any manner whatsoever.

  1. Disputes

If any dispute, claim, controversy or difference (including in relation to any tortuous or statutory claim) (“Dispute”) arises out of or inconnection with or in relation to this User Agreement, including without limitation any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt to amicably settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date when a party first sends to the other party a written notice of the Dispute.

  1. Transfer of Rights and Obligations

You hereby grant by-Obsession.com the right to, and irrevocably acknowledge and agree that by-Obsession.com may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates or any other party without requiring your further specific agreement and/or consent. In such cases, by-Obsession.com agrees to use all reasonable endeavors to provide notice to you of any transfer by way of a posting on the Site or any other modes of communication as mentioned in clause 5 of this User Agreement. You may not at any time, without the prior written consent of by-Obsession.com, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to anyone.

  1. General

If any clause of this User Agreement is deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and by-Obsession.com with respect to the subject matter hereof.

No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.

  1. Governing Law

For orders fulfilled from by-Obsession.com ( Obsession Cosmetics Company ), the terms and conditions of this User Agreement shall be governed by, and construed in accordance with, Kuwait law. This clause will survive any expiry or cancellation of this User Agreement for any reason.