TERMS & CONDITIONS
Section 1: Introduction
Welcome to HELIO (www.helio.company). These are the terms and conditions governing your access to and use of the website HELIO.net and its related sites, services, sub-domains, apps and tools (collectively referred to as “Website“). The Website is owned and operated by HELIO Company (referred to as “HELIO” or “we” or “our” or “us”). The Website is provided as a service to you (the “Service”) and is intended to allow its users to browse and/or order products and other goods or services (the “Products”). As a user of this Website (referred to as “you” or “your“), you acknowledge that your use of this Website for any reason, including any transactions you make (“use” or “using“) is subject to our terms and conditions mentioned below, which without being limited, include other important hyper-linked sections like the Privacy Policy, etc. (collectively the “Terms”).
Section 2: User Account and Registration
- In order to access certain functions of the Service, including the ability to receive & utilize Online Store Credit and redeem eGift Cards, you must register and create an account on the Website, secured by a password (the “Account”). Any Account so created is personal and exclusive to you and is non-transferable to any third party.
- If you register and create an Account, you are a “Registered User”. To be a Registered User, you are above the legal age for purchasing products in your country of residence and must provide true and accurate information (including your name, e-mail address and other details) as requested during the Account creation process. Subject to applicable law, as a parent or guardian of a minor aged, you may permit such minor to use your Account, on the basis that you remain fully liable for use of the Account and for any use of the Service by such minor through your Account.
- By registering at and using the Website, you warrant that the information provided by you in the course of the registration process is true and accurate and you undertake to ensure that such information is kept updated. You are responsible for maintaining the confidentiality of your Account and agree to accept responsibility for all activities that occur under your Account. In the event that you have any concerns regarding your Account or become aware of any misuse then you must inform us immediately (see Contact Us for more information and contact details).
- As a Registered User or Guest User, you may order and purchase Products through the Service. If a payment is applicable to your order for a Product, you agree to pay the full amount for that Product as indicated during the order process, including Delivery & Installation costs or other charges that may be applicable to such order. You may see our Payment and delivery terms below. All orders that you place on the Website will be subject to acceptance in accordance with these Terms.
- The “confirmation” stage sets out the final details of your order. Following that, we will send to you an order acknowledgement e-mail, detailing the Products you have ordered. You may note that this e-mail is not an order confirmation or order acceptance by us.
- After acceptance of your order, completion of the contract between you and us will take place on dispatch of the Products ordered to you if you have paid through your Card, however subject to our receiving full payment for the Products, unless we have notified you that we do not accept your order or you have cancelled it.
- We may not retain details of your order for you to subsequently access on the Website. Therefore, we suggest that you print these Terms and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders, you may Contact Us.
- From time to time there may be errors in the pricing of the Products that appear on the Website or during the order process. There may also be errors in transmission resulting in interruption of your purchase. HELIO will in good faith try to resolve any issues that may arise as a result of such errors. You agree to cooperate with HELIO to resolve such issues, and you agree that HELIO shall have full discretion to determine the appropriate resolution in such cases.
- All Products purchased online from the Website will be delivered in Kuwait only.
- After acceptance of your order and confirming the payments, the delivery timeline will be as followed but can be subject to delay due to product availability:
- Order placed & payment received by 6pm
- Easy to carry products will be delivered on the same day.
- Heavy products (including products requiring Installation) will be delivered on the next day.
- Order placed & payment received after 6pm
- Easy to carry products will be delivered on the next day.
- Heavy products (including products requiring Installation) will be delivered on the next day.
- Order placed & payment received by 6pm
- We receive payment from your credit or debit card (“Card”) at the time we receive your order for the relevant Products, after we have checked your Card details. Products are supplied subject to availability. In the event that we are unable to supply the Products, we will inform you as soon as possible and a full refund will be given where you have already paid for the Products.
- To ensure that your Card is not being used without your consent, if you select K-Net, MC/VISA as your favored payment method we will direct you to the Tab Company payment gateway where you will be asked to enter your Card details (e.g. card number, expiration date, & pin code). We may validate your name, address, and other Personal Information provided by you during the order process against appropriate third party databases. By accepting the Terms, you consent to such checks being made. All information provided by you will be treated securely and strictly in accordance with the applicable law.
- Responsibility to verify the Customer and Customer’s Card Information, and to rightfully authorize the transaction deducting payments from the card lies with the respective payment gateway and /or the issuer bank of the card being used. HELIO is not liable for any losses or damages occurring out of fraudulent transactions happening due to attacks or breaches on any payment gateway, attacks or breaches on issuer banks, or due to 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 persons who may not be the rightful owners of the card.
- The price you pay for the Products ordered is the price displayed on the Website at the time we receive your order, subject to the following exceptions. While we try to ensure that all prices of the Products on the Website are mentioned accurately, it is possible that errors may occur. If we discover an error in the price of Products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling such order. If we are unable to contact you, we will treat the order as cancelled. If you cancel and have already paid for the Products, you will receive a full refund.
- Payment can be made by any method specified at the Website (including K-Net, Visa/MasterCard Credit Cards, Online Store Credit and eGift Cards). All prices are shown in Kuwaiti Dinar (KD) and include taxes (if applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise
- Risk of loss or damage and Title to any Products you order on the Website shall pass to you on delivery of the Products at the address provided with your confirmed order or on the date of first attempted delivery by us, however subject to us having received full payment for the Products.
- Online discount sales/ promotional sales are applicable towards those Products that are shown as such on the Website, from time to time. Sale of such Products shall be subject to the terms and conditions as shown for those Products on the Website at the time of such sale and also the Terms mentioned herein.
- In the event of any inconsistency being noticed between the terms of such discount sales/promotional sales and the Terms mentioned herein, HELIO reserves the right to interpret and clarify any such inconsistency. Any decision made by HELIO in this regard shall be final and binding.
- Any eGift Card (also referred as “Gift Card”) purchased can ONLY be used on the Website and ONLY be used at www.helio.company.
- Any eGift Card purchased will ONLY be delivered to the email address provided during Order process.
- All eGift Cards purchased are valid for 1 year from the date of purchase.
- In order to use and/or redeem eGift Card, you are required to register a new account on the Website or sign into existing user account on the Website.
- The eGift Card will be used as one of the Payment Methods to purchase Products on the Website with the exception of purchasing a new eGift Card(s) with existing eGift Card(s).
- Any eGift Card(s) purchased cannot be returned, exchanged and/or refunded.
- Any amount that remains as balance after the expiry of the eGift Card will not be refunded under any circumstances and therefore this balance amount will no longer be accessible on the Website. Therefore, it is your responsibility to redeem and utilize the balance amount before the expiry of the eGift Card(s).
- Items purchased at reduced price during sale or promotion period can be exchanged or refunded within 3 days of the delivery on these items.
- The product and packaging, including labeling, must be undamaged and complete that the product can immediately be made available for resale at the full retail price along with original receipt.
- Ensuring that we do care about our customers, and for hygiene and safety reasons Lingerie, under Garments, Accessories, Cosmetics, Toiletries & Swimming Goggles cannot be refunded or exchanged, unless there is a clear manufacturing defect.
- The product cannot be exchanged or refunded if they are not in original condition.
- Product will be refunded or exchanged only with same amount stated on the Order Confirmation Email sent after online order placement.
- Any delivery and Installation amount charged at the time of Order placement will not be refunded, unless there is a clear manufacturing defect.
- Any eGift Card(s) purchased cannot be returned, exchanged and/or refunded.
- If the products are faulty or not as described on our Site; or
- If your reason for return is due to an error on our side, such as an error in pricing or description, a delay in delivery etc.
- In all other circumstances, we will refund the product amount (excluding the amount paid for the original delivery fees).
- If you paid by K-Net, you can choose to have a refund by K-Net or as Online Store Credit.
- If you paid by credit/debit card, you can choose to have a refund by K-Net or as Online Store Credit.
- If the refund is to your credit/debit card, within fourteen (14) days from the day on which we receive the product back in our Warehouse;
- If your refund is as Online Store Credit, you will receive the refund immediately after your product is received back in our Warehouse center and inspected by our team; or
- If you have cancelled your order before Product(s) are dispatched for delivery, the amount will be refunded to your credit/debit card or as Online store credit based on your choice of refund and the above terms and conditions.
- You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material and/or content only as expressly authorized by our licensors or us.
- All Product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g., all capital letters), (collectively, “Marks”) are trademarks owned by or licensed to HELIO, unless otherwise noted. The Marks on the Website are variously protected by the laws of the State of Kuwait and other countries. Use of any of these Marks may not be made without the prior written consent of HELIO, except for the sole purpose of identifying the Products or Services originating from HELIO.
- You acknowledge and agree that the material and content shown at the Website is made available for your personal non-commercial use only and that you may download such material and content only for the purpose of using this Website. You further acknowledge that any other use of the material and content of the Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
- The Website may provide the opportunity for Registered Users to post reviews and other comments, questions, suggestions, or other information (“User Content”) on the Website. You warrant that any such User Content submitted by you to the Website is original (and does not infringe the copyright of others), and you hereby grant HELIO a perpetual, irrevocable, non-exclusive, royalty free license to use such User Content so submitted, without any further recourse to you, and you hereby waive all rights in such User Content. You agree that you will not post any content that is contrary to public moral or is defamatory, inflammatory, that infringes copyright, or that may otherwise breach common decency or be contrary to law.
- HELIO has the right but not the obligation to monitor and edit or remove any activity or User Content, and takes no responsibility and assumes no liability for any User Content posted by you or content posted by any third party.
- HELIO does not warrant that the Website or any of the Services or Products available through it will be uninterrupted or free from errors. There may be delay, omissions, interruption, and/or inaccuracies in materials or Service available through our Website.
- HELIO makes no representation or warranties about the accuracy, completeness, timeliness, reliability, or non-infringement of any content on the Website or Services available through it.
- Although HELIO takes reasonable steps to prevent the introduction of viruses, worms or other malicious code to the Website, HELIO does not represent or warrant that the Website, or the Service or Products or materials that may be made available through the Website are free from such destructive features. HELIO is not liable for any damages or harm attributable to such features or arising directly or indirectly from such features.
- In no event shall HELIO be liable to you or to any third party for any direct, incidental, indirect, special or consequential losses, damages whatsoever (including, but not limited to, lost profits, business interruption, loss of programs or other data on your information system), even if HELIO has been advised, knew, or should have known of the possibility of such damages, arising out of or related to: (i) your use of or reliance on the Website, any information, hyperlinks or content contained therein, or Services included on or otherwise made available to you through the Website; (ii) your provision of information, personal or otherwise, to HELIO; (iii) the provision of Services by HELIO; or (iv) acts or negligence on the part of HELIO, its agents or employees.
- TO THE FULLEST EXTENT PERMITTED BY LAW, HELIO DISCLAIMS AND EXCLUDES ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE WEBSITE OR HELIO’S SERVICES, OR WITH RESPECT TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION PROVIDED BY HELIO, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF A PATENT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION AND LINKS CONTAINED THEREIN, IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY THAT IT WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
- Notwithstanding anything herein to the contrary, HELIO’s aggregate liability (whether in contract, tort or otherwise) for any loss or damage that you may incur on any account whatsoever, arising out of your use of the Website, shall be limited to a sum equal to the amount paid or payable by you for the Product(s) in respect of one incident or series of incidents attributable to the same cause.
- We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you. If you use the Website, you are responsible for maintaining the confidentiality of your Account and its password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. The Website is not intended for selling Products to children, but only to adults who can purchase with a Card or other permitted payment method. If you are under the legal age allowed for purchasing products in your country of residence then you can use the Website only with the permission and involvement of your parent or guardian, subject to applicable law.
- HELIO reserves the right to refuse Service, terminate Accounts, remove or edit content, or cancel orders anytime at their sole discretion.
- By using the Website and/or the Service, you agree, to the fullest extent permitted by law, to indemnify and hold HELIO, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of the Website or the Service, your non-compliance with applicable law or regulations in the jurisdiction in which you are accessing the Website or the Service, or any action taken by HELIO as part of its investigation of a suspected violation of these Terms or as a result of it’s finding or decision that a violation of these Terms has occurred.