TERMS AND CONDITIONS
We reserve the right to change these Terms and conditions at any time. Any such changes will be deemed to have taken effect when posted on www.openflick.com (see date at the top) and it is your responsibility to read the Terms on each occasion you use www.openflick.com. By accessing www.openflick.com, registering an Account or using the Services offered by PAVS on the Website, you agree to be bound by the Terms. If you do not agree with all or any of the Terms, your sole recourse is to discontinue your use of www.openflick.com.
2. Account and Registered User
2.1 In order to access certain functions of the Service, including the ability to order Products, you may register and create an account on www.openflick.com, secured by a password (the Account). Any Account so created is personal and exclusive to you and is non-transferable to any third party.
2.2 If you register and create an Account, you are a “Registered User”. To be a Registered User, you must be 21 years of age and must provide true and accurate information (including your name, date of birth, e-mail address, credit/debit card details and other details) as requested during the Account creation process. Subject to applicable law, as a parent or guardian of a minor, 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. We may carry out further checks to verify your age with a registered credit reference (or similar) agency and, if we are unable to verify you are over 21 years, we may cancel your order.
2.3 By registering at and using www.openflick.com, 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).
3. Order process
3.1 As a Registered user, you may order 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 shipping costs or other charges that may be applicable to such order. You may see our Payment and delivery terms below, or refer to our Help & Services section on how to use www.openflick.com and for information on how to place an order. All orders that you place on www.openflick.com will be subject to acceptance in accordance with these Terms.
3.2 The “confirmation” stage sets out the final details of your order. Following that, we will send you an order acknowledgement e-mail, detailing the Products you have ordered. Please note that this e-mail is not an order confirmation or order acceptance by us.
3.3 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 or at the delivery of Products at your address, 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 (refer to ‘orders and returns’ section for details).
3.4 We may not retain details of your order for you to subsequently access on www.openflick.com. 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 and you will be directed to our Customer Service contact page or you may call our customer service hotline at +965-22322965.
3.5 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. PAVS will in good faith try to resolve any issues that may arise as a result of such errors. You agree to cooperate with PAVS to resolve such issues, and you agree that PAVS shall have full discretion to determine the appropriate resolution in such cases.
3.6 Parties other than PAVS may operate stores, provide services or sell their Products on www.openflick.com. Your purchase from these third party sellers are charged at the time you place your order and will be in accordance with the Terms as well as any other terms and conditions that such third party sellers may include. PAVS does not warrant the offerings of any of these third party businesses or individuals and purchasing from such third party businesses or individuals is done at your own risk and cost.
4.1 We take 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. We also accept cash or Card payment on delivery of the Products, subject to the conditions mentioned in Section 5 below. 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 if you have already paid for the Products.
4.2 To ensure that your Card is not being used without your consent, if you select Knet as your favored payment method we will direct you to the Knet payment gateway where you will be asked to enter your Card details (e.g. card number, expiration date, & pin code). Alternatively, if you choose Visa/MasterCard as your preferred payment method you will be directed to the MasterCard Internet Gateway Service website (MiGS), where you will be required 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. In performing these checks, Personal Information provided by you may be disclosed to a registered Credit Reference Agency (Knet or MiGS), which may keep a record of that information. You may note that this is done only to confirm your identity and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the applicable laws.
4.3 The price you pay for the Products ordered is the price displayed on www.openflick.com at the time we receive your order, subject to the following exceptions. While we try to ensure that all prices of the Products on www.openflick.com 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.
4.4 Payment can be made by any method specified at www.openflick.com.
4.5 Risk of loss or damage and Title to any Products you order on www.openflick.com 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.
4.6 All prices are shown in Kuwaiti Dinar (KWD) and include taxes (if applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise.
5. Payment on Delivery
As mentioned in Section 4.1 above, we also offer our Registered Users the option to pay for the Products ordered, either by cash or Card upon delivery at their address, should they opt for such service during the placement of order/checkout. However, any such payment on delivery shall be subject to the following:
5.1 Cash is to be presented to our authorized customer service representative for collection on the spot prior to receiving delivery of the Products ordered. Our customer service representative will also carry a mobile payment terminal for you to make payment by Card (KNet, Visa/Mastercard).
5.2 Upon receipt of full payment, the customer service representative will hand over the Products with the invoice and the delivery note.
5.3 It should be noted that we do not accept payments by cheque or gift vouchers or discount coupons in place of cash or Card when using Payment on Delivery option (Discount Coupons if applicable, should be applied prior to checkout).
5.4 To ensure prompt and timely delivery, the customer will be contacted at least 30 minutes prior to delivery.
5.5 Ordered Products cannot be withheld by the customer on credit. Payment for the Products ordered is to be made at delivery. It should be noted that the person taking delivery of the Products should be the Registered User who had ordered the Products or his/her authorized person, providing adequate proof of such authorization.
5.6 In the event where you are not at home or at the specified location for order delivery, the customer service representative will wait at the address mentioned for a grace period of one hour with your ordered Products. Inability to establish contact during that time will prompt him to depart and a call will be made again later in the day.
5.7 Delivery fees will be charged, and are to be taken into account with Payment on Delivery option.
5.8 If our customer service representatives are unable to reach the customer within 24 hours of placing the order; it will automatically be deemed as cancelled.
5.9 Payment on Delivery option is not available for all Products and Products covered under the Pre-Order category, but is available for select Products as can be seen on the Website during your purchase of Products.
6. Intellectual Property
6.1 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 www.openflick.com 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.
6.2 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 PAVS, unless otherwise noted. The Marks on www.openflick.com 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 PAVS, except for the sole purpose of identifying the Products or Services originating from PAVS.
6.3 You acknowledge and agree that the material and content shown at www.openflick.com 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 www.openflick.com 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.
6.4 The Website may provide the opportunity for Registered Users to post reviews and other comments, questions, suggestions, or other information (“User content”) on www.openflick.com. You warrant that any such User Content submitted by you to www.openflick.com is original (and does not infringe the copyright of others), and you hereby grant PAVS 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.
6.5 PAVS 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.
7. Liability and Indemnity
7.1 PAVS 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 www.openflick.com.
7.2 PAVS 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.
7.3 Although PAVS takes reasonable steps to prevent the introduction of viruses, worms or other malicious code to www.openflick.com, PAVS does not represent or warrant that the Website, or the Service or Products or materials that may be made available through www.openflick.com are free from such destructive features. PAVS is not liable for any damages or harm attributable to such features or arising directly or indirectly from such features.
7.4 In no event shall PAVS 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 PAVS 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 www.openflick.com, any information, hyperlinks or content contained therein, or Services included on or otherwise made available to you through www.openflick.com; (ii) your provision of information, personal or otherwise, to PAVS; (iii) the provision of Services by PAVS; or (iv) acts or negligence on the part of PAVS, its agents or employees.
7.5 TO THE FULLEST EXTENT PERMITTED BY LAW, PAVS DISCLAIMS AND EXCLUDES ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE WEBSITE OR PAVS’S SERVICES, OR WITH RESPECT TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION PROVIDED BY PAVS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY 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.
7.6 Notwithstanding anything herein to the contrary, PAVS’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.
7.7 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 www.openflick.com, 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. www.openflick.com 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 21 years of age you can use www.openflick.com only with the permission and involvement of your parent or guardian, subject to applicable law.
7.8 PAVS reserves the right to refuse Service, terminate Accounts, remove or edit content, or cancel orders anytime at their sole discretion.
7.9 By using www.openflick.com and/or the Service, you agree, to the fullest extent permitted by law, to indemnify and hold PAVS, 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 www.openflick.com or the Service, your non-compliance with applicable law or regulations in the jurisdiction in which you are accessing www.openflick.com or the Service, or any action taken by PAVS 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.
8. Miscellaneous Provisions
8.1 Your use of the Website and the contract between you and PAVS shall be governed by the law of Kuwait, without regard to the conflict of law rules and any dispute between you and PAVS will be resolved exclusively in the courts of Kuwait.
8.2 We have selected the Products on the basis that they will be used for personal use only. If you are planning to use them for business purposes you are advised to make sure that you are covered by a proper insurance plan. Where you decide to use the Products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions for a particular purpose.
8.3 PAVS shall be under no liability for any delay or failure to deliver Products or otherwise perform any obligation as specified in these Terms if the same is wholly or partly caused by events of Force Majeure and/or caused, whether directly or indirectly, by circumstances beyond its reasonable control. For the avoidance of any doubt, Force Majeure events shall, without being limited, mean and include events of war, riots, civil war, rebellion, earthquake, cyclones, flood or any other natural physical disaster and/or acts of God.
8.4 Any links or references to other Internet sites (“hyperlinks”) contained on www.openflick.com are provided by PAVS merely as a convenience to users of www.openflick.com, and PAVS is not responsible for the content or operation of any such linked Internet sites. Any hyperlinks to such linked Internet sites should no way be construed as an endorsement, representation or promotion by PAVS as to the content, representation, accuracy, products or services found or otherwise described in such linked Internet sites. Use of those linked Internet sites/hyperlinks is done at your own risk and cost.
8.5 You agree that you will not assign, transfer, or sub-contract any of your rights or obligations under these Terms or any related order for Products to any third party, unless agreed upon in writing by PAVS.
8.6 PAVS reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms or any related contract, to any third party.
8.7 If any part of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other Terms shall not be affected.
8.8 These Terms do not create or confer any rights or benefits enforceable by any person that is not a party, except a person who is a permitted successor or assignee, named as such under Section 8.5 or 8.6.
8.9 No delay or failure by PAVS to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of PAVS.
8.10 These Terms including the documents or other sources referred to in these Terms supersede all prior representations, understandings and agreements between you and PAVS relating to the use of www.openflick.com (including the use of Services and/or order of Products) and sets forth the entire agreement and understanding between you and PAVS for your use of www.openflick.com.
8.11 When you visit www.openflick.com or send us an e-mail, you are communicating with us electronically. You consent to receive communication from us electronically. We may communicate with you by e-mail or by posting notices on www.openflick.com. You agree that all agreements, notices, disclosures, and other communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.
9. Discount Coupons
As part of our promotional activities, we may issue Discount Coupons to our Registered Users from time to time, which can be redeemed by the Registered Users, subject to the following;
9.1 Discount Coupons distributed by us, if any, are redeemable only at www.openflick.com, unless stated otherwise.
9.2 Discount Coupons are valid during the promotional periods for which they are issued.
9.3 Discount Coupons are valid from their date of issue until the mentioned expiry date.
9.4 Discount Coupons if being used for online ordering, must be used prior to checkout.
9.5 It may be noted that a Discount Coupon cannot be used twice or partially used or exchanged for shopping credit.
9.6 Only one Discount Coupon can be used per order/online transaction. However, it may be noted that multiple Product purchases using one Discount Coupon is allowed.
9.7 All Discount Coupons issued are valid for use in Kuwait only.
9.8 Product orders exceeding the aggregate amount of a 500 KD per order, are not eligible for receiving Discount Coupons.
9.9 We reserve the right to exclude without any advance notice, the use of Discount Coupons on special limited-time promotions that we offer on the Website from time to time.
10. General Online Promotions
10.1 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, PAVS reserves the right to interpret and clarify any such inconsistency. Any decision made by PAVS in this regard shall be final and binding.
It is possible that we may, prior to the launch of new Products allow the Registered Users to reserve such Products in advance, however subject to the following conditions (Pre-Order’);
11.1 Your Pre-Order is also subject to the Terms.
11.2 You can find the official launch date for your pre-ordered Product on our Website and on the Product page.
11.3 We commence delivering Pre-Orders on the day of the advertised Product launch date, provided we have received full payment for such Pre-Order. Standard Delivery timelines (estimated to be within 24 hours) will commence as soon as the pre-ordered Product is available.
11.4 Payment for the Pre-Ordered Product will need to be made along with the Pre-Order.
11.5 Return or replacement of Pre-Ordered Products cannot be made, unless made in accordance with the Returns are Easy policy mentioned at Section 13, herein below.
11.6 Active online discount promotions running during a period that is prior to the release date of the Pre-Order are inapplicable on the Pre-Ordered Product. Online discount promotions will not be applied on Pre-Orders of which the release date of the Pre-Order does not coincide with the promotion.
12. Contact Us
13. Orders and returns
We are committed to providing high quality Products that we hope you enjoy using. Nonetheless we also know that, for one reason or another, there may be occasions when you need to exchange or return something you have bought. You must therefore make sure that you check your Products carefully at the time of delivery before they are used or installed. We also recommend that you keep your delivery receipt and copy of your order, which is accessible from your online profile at www.openflick.com, as proof of purchase.
All sizes and measurements of the Products are approximate but we do try to make sure that they are as accurate as possible. It may be occasionally possible that the Product specification from the manufacturer may change or we may have trouble with the supply of certain Products and may therefore supply a substitute of the same or better quality at the same price. If you are not satisfied with the replacement or substitute, you can return such Products in accordance with the conditions of this Section 13 or opt for either gift coupons or an exchange Product for the amount you had initially paid.
If you change your decision within five (5) days prior to the date of the ordering of the Products, we may accept return of such Products or allow their replacement, subject to the following terms and conditions:
- All Products we provide are covered by our five (5) day Orders and return policy
- If you would like to return something we have delivered or in process of delivery within the five (5) day window, you may contact our Customer Service Center and we will collect it free, if delivered. Your order number will count as your receipt.
- Products can be replaced or returned if they are not genuine or are counterfeit. It may be noted that we do not charge any extra fee for the return or replacement of Products.
- We may have the right of not accepting the return or replacement of Products, if they were sold during special promotions and/or sales.
- We have the right not to replace or return specific Products food items, undergarments etc. that come in contact with skin, unless for manufacturing defects or non-compliance with the prescribed specifications or standards or if the Product sold is different from the Product paid for by you. In such cases, we may provide alternative Products unless we agree otherwise with you.
- You may note that refunds are made in the same manner as you made the purchase or to your WebStore Credit account as you may choose or you have the option to accept gift coupons or exchange Product for the amount you had initially paid, as you may choose to specify when you contact our customer service center or fill the contact form on the Contact Us page.
- You may also note that refunds made on Knet, MasterCard, MIGs or Visa may take up to 4-6 weeks.
14. Delivery Information
Once you find the Products you would like to purchase on www.openflick.com, add them to your shopping cart and go through our quick and easy payment process (checkout). You will find that we deliver anywhere in Kuwait. Free delivery is applicable for orders located in Kuwait City only.
Exact delivery time will depend on the accuracy of the delivery address details you provide. We normally deliver the Products 30 minutes prior to time of order placement. We make every effort to deliver Products within the estimated delivery time, however, occasional delays are possible due to unforeseen circumstances. PAVS shall be under no liability for any delay or failure to deliver the Products within the estimated delivery time. You will have the opportunity to review, change, update, or add delivery address details every time you place an order (checkout). You can also specify a different delivery address while ordering and have your order delivered to your workplace, or a friend’s delivery address.
15. Delivery Address
Products ordered from www.openflick.com can be delivered only in Kuwait. We currently cannot deliver to any other location. All goods must be signed for by an adult aged 21 years or over, on delivery. You must ensure that you give the correct delivery address when printing the invoice that will enable prompt and timely delivery to you and other customers.
Therefore please ensure that you provide the following information:
- Area Name
- Block number
- Street number
- Contact person
- Contact person number
16. Change in Delivery Address
If there is a change in the delivery address after your invoice has been made, we cannot accept a direct phone instruction due to security reasons, you may contact our Customer Service Centre or email us with your order number and details.
17. Delivery Confirmation
We like to keep you informed of the status and time of your delivery. We will try to contact you before scheduling delivery to provide you information on delivery timings. We use our best efforts to accommodate your preferred delivery timings and date. However, you may note that such timings are for indicative purposes. The actual time of delivery may vary due to various uncontrollable delays that may occur.
18. Delivery and Installation Terms and Conditions:
In case of absence of the customer, delivery is considered complete if any family member or home representative domiciling at the same address of the customer signs the invoice/delivery note.
Products are considered as delivered in a good condition, on time, upon the acceptance of the delivery note by you or your representative.
For Delivery and Installation Products, our Delivery & Installation team will perform a quality check in your presence. You should ask for your Products to be delivered within one month of ordering otherwise we will have the right to resell the Product and refund the amount after deducting 20% of invoice value.
19. PAVS cannot be held responsible or liable by the Registered Users and/or any third parties for any reason whatsoever.
20. www.openflick.com Terms and conditions apply.
This Website, www.openflick.com is owned and operated by :
Premier Audio Visual Solutions Company S.P.C