Terms and Conditions of Sale
This page sets out the legal terms and conditions (“Terms & Conditions”) under which M.H. Alshaya Co. W.L.L. or its relevant affiliated company in your territory of residence sell any of the products (“Products”) listed on this website (“Website”) to you. We seek to comply with international standards in distance-selling and e-commerce at all times and if you have any concerns, please contact us.
By placing an order for Products through our Website, you are confirming that you intend to enter into a contract with us for the purchase of those Products. You place the order for your Products on the Website by clicking the ‘Confirm Order’ button at the end of the checkout process. During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed (which includes providing us with a valid phone number email address). We will then send you an email confirming receipt, the details of your order and the delivery costs which will be added to the purchase price (if applicable).
Please note that neither completion of the online checkout process nor our confirmatory email constitute our acceptance of your order. Our acceptance of your order will take place only upon receipt of full payment from you. You can review the orders you have placed and their current status at any time by visiting our Website and clicking on “Log In” at the top of the page followed by selecting “Track Your Order”.
If we cannot supply you with the Products you ordered for whatever reason, we will not process your order and will inform you of this. If you have already paid for the Products we will provide you with a full refund as soon as reasonably possible.
Delivery / collection
We can only process orders for delivery or collection within countries in which we are permitted to sell the Products. You may opt for the Products to either be delivered to your address or to be made available at one of our designated stores for your collection.
If you opt for collection at one of our stores, you will be asked to choose a designated store which is convenient for you. Note that you may only collect from a designated store of the same brand as the Products being purchased.
If you opt for delivery, please note that delivery charges and timescales vary depending on the type of Products ordered, the service you select and the delivery address.
We will try our best to either deliver the Products to your address or make the Products available for collection at the relevant store by the estimated delivery/collection date set out in our order confirmation email. If we are unable to meet our estimated delivery/collection date, we will contact you as soon as we can with a revised estimated date. We will inform you when the order is ready for collection or has been delivered to your address, as the case may be. If you have opted for collection at one of our stores, you must collect the order within 7 days of notification that the order is ready, failing which we reserve the right to cancel the order, return the Products to our warehouse and (if necessary and possible) process a refund to your payment card.
If you have selected delivery to your address and no one is available at the specified address at the time of delivery, our delivery company will contact you to arrange re-delivery. The Products will only be left with a third party (such as building caretaker or a maid) with your express authority.
All risk in the Products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order, or collected from our store (as appropriate). Occasionally, the supply of your Products may be delayed or prevented for reasons beyond our control (e.g. material shortages, import delays or higher than anticipated demand). Where this is the case, we will make every effort to keep you informed but shall be under no liability to you for such delay or failure.
AURA Loyalty Porgramme
Any resident or national of a country in which Alshaya operates the Programme may join the Programme free of charge, by downloading the AURA app and completing enrolment; or by presenting a valid mobile number and their legal name at any Alshaya outlet displaying the AURA logo at which point you will be issued with an AURA Card ('Card'), and will be required to complete full enrolment via www.aura-mena.com. If you wish to receive AURA benefits, you must complete the enrolment process by providing us with current, complete and accurate information as prompted by the applicable registration form, at which point you will be deemed a “Member” (and the term “Membership” is to be interpreted accordingly). You will also be asked to choose a password and a username.
For more information on our AURA Loyalty Programme please click here.
Once the eGift Cards are issued, the Alshaya Group of Companies will hold no responsibility or liability whatsoever for stolen or unauthorized use of the eGift Cards.
If you order a Product as a gift, we may offer you the opportunity to add a gift message to your purchase. If you choose to use the gift message service, you acknowledge and agree that:
- the gift message service is provided for your own personal and non-commercial use only;
- the gift message you instruct us to send on your behalf to a third party will not contain anything which could be construed as harassing, threatening, vulgar, abusive, obscene, defamatory, racist or which may cause embarrassment or distress to any person or which is otherwise unlawful or objectionable;
- you will not impersonate any person, including but not limited to any of our employees or customers;
- you are entirely responsible for the text and other content of your gift message and We accepts no liability for any such content;
- we do not pre-screen messages, but may monitor content from time to time for the purpose of guarding against unlawful or inappropriate gift message; and
- we have the right to refuse to send messages and to terminate access to the gift message service at any time and without liability to you.
From time to time, we may make available promotional offers on the Website and in such cases specific terms and conditions will apply. Such offers may be time-limited and orders may not qualify if they have not been fully processed by you within the stated time period. Promotions where you are eligible for a free item (e.g. buy one get one free), only apply to qualifying items displaying the offer message on their product information pages, and unless the promotions indicate otherwise, apply to the lowest-priced qualifying item. Offers may not be combined with other promotions, offers and voucher codes unless otherwise specifically stated. We reserve the right to amend or terminate a promotion at any time without notice.
H&M MEMBERSHIP TERMS & CONDITIONS
1.1 The H&M Loyalty Program (“Program”) is operated by M.H. Alshaya Co. W.L.L., a company registered in Kuwait with its registered office at P.O. Box 181, Safat 13002, Kuwait, and its affiliated companies (“Alshaya”, “We”, “Us” “our” as the case may be). For the purposes of these Terms & Conditions (“Terms”), the terms "We" and "Us" refer to Alshaya or to one of its affiliated companies in your territory of residence. When you purchase Products from our Website, you will be entering into a contract with either Alshaya or its relevant affiliated company in your territory of residence.
1.2 The Program is free of charge and no purchase is necessary to become a member.
1.3 By becoming a member of the Program you will be able to earn points which qualifies you to different tiers where you can take part of offers, services, events and much more organised by Us. As a logged in member, we will give you a tailor-made experience of the H&M brand including personalized offers and recommendations. As a member you will receive digital receipts for your purchases in our physical stores and online, you will be able to access your purchase history in your membership account ("My Account") which is accessible on kw.hm.com and in your app, and when placing items in your shopping bag online while logged in we will save the items there between your logged in visits. Please note that items stored in the shopping bag will not be reserved for you and may sell out. You will find more information about current offers under My Account.
1.4 You can find information regarding how We will process your personal data in the Privacy Notice. Our Privacy Notice is incorporated into these Terms and also governs your participation in the Program. Please read the Privacy Notice carefully to understand how we collect, use and disclose information about you, how to update or change the personal information you have provided to us, and how we communicate with you.
1.5 These Terms are produced in Arabic and English languages. To consult the Arabic language version please click here. If there is any discrepancy between the Arabic and the English texts, the English text prevails.
2.1 The Program membership (“H&M Membership”) is limited to individuals that are acting in a personal capacity and not in the capacity of a company, who have a current and valid email account and are considered an adult by local legislation in the applicable province or territory of residence.
By participating in the Program, you agree to be bound by these Terms, and you represent, warrant and covenant that you are either (a) over the legal age in the territory where you subscribe to the Program, and lawfully able to accept these Terms; or (b) if you are under the such legal age, that you have the permission of a parent or legal guardian to participate in the Program and that your use of the Program and its features is at all times under the supervision of a parent or legal guardian, who also agrees to be bound by these Terms.
We reserve the right to request written confirmation of such permission. Employees, officers, directors, agents and representatives of M.H. Alshaya Co. W.L.L. are eligible for membership but may be excluded from certain promotions.
2.2 Your Membership is personal, non-transferable and subject to these Terms as well as any other rules, regulations, policies, and procedures adopted by Us as approved by you upon taking part of offers, rewards, making purchases and other related services. We apply a limit of one Membership per person and registered email address.
2.3 Companies, groups, associations or other entities, or others making commercial or bulk purchases are not eligible for Membership. The Membership may not be used for reselling or profit.
2.4 It is your responsibility, and a condition for your Membership, to keep your email address and contact details up to date.
2.5 You are responsible for all activity that is conducted through your Membership account. This means you are also responsible for making every effort to keep your login details, such as e-mail address and password, secure and private. We advise using a unique password that has not used on any other account. If your password or account is compromised, we advise you change it quickly or reach out to Customer Services for further assistance.
2.6 To learn more about how to join the program, please go to
https://www.kw.hm.com/en/member/ You will be required to provide the following information and to follow the steps to create an Account:
Mandatory information: Full Name (first and last name), email address, and password.
Optional information: By adding some additional information to your Account you will earn more points and get a more personalized experience:
- Date of birth: We will use this information to give you special treat on your birthday.
- Gender: We will use this information to send you personalized offers.
3 H&M LOYALTY PROGRAM IN Kuwait
3.1 The Program is limited to purchases made online at kw.hm.com or in the app and in physical H&M-, and H&M HOME-stores, as applicable in Kuwait. You can only earn points by shopping as a logged in member or by performing other point awarding activities in Kuwait as communicated from time to time by Us. Please note that you will not earn points neither when purchasing gift cards, nor where you opt to donate at checkout.
3.2 The points you have earned are personal and cannot be transferred to another person or member.
3.3 The points earned on a purchase of an item will be deducted from My Account if you return the item.
3.4 To receive points you must provide the Member ID associated with your membership to the sales associate at a H&M or H&M HOME store, as applicable, or sign into My Account before making your purchase. You may view your balance and Member ID at any time by visiting My Account.
3.5 Please note that if you decide to use your AURA Account when purchasing an item instead of using your Membership, you will not receive H&M Membership points points.
4 POINTS, TIERS AND VOUCHERS
There are two levels of membership in the Program depending on the number of points that you accumulate in your Account:
• First tier: 0 points to 149 points
• Second tier: 150 points
4.1 The points you earn count toward the second tier membership as well as toward bonus vouchers. For every KWD 1 you spend, you will get 1 point.
4.2 The date when you join the Program and become a member will constitute the “Start Date” of each Membership Year. The “Membership Year” is the 12 months period following the Start Date of each year. The tier level of your membership is based on the points earned during the current or previous Membership Year whichever is the highest. If you are a new member, or do not have sufficient points to qualify you to the second membership tier level, your membership tier level will start at the first tier. If you reach the second tier during a Membership Year you will stay at the second membership tier level during the rest of the Membership Year and the following Membership Year. If during the Membership Year you do not accumulate sufficient points to qualify you to the second membership tier level, you will return to the first tier the following Membership Year.
4.3 After the end of each Membership Year all points counting towards the next membership tier level will expire. The points will be reset and start over at 0 at the beginning of each Membership Year.
4.4 Points counting towards vouchers are valid until the next Start Date.
4.5 When you have earned 50 points, a voucher of KWD 1 will be issued in your app or on your H&M account page. You can use the voucher both at H&M and H&M HOME, in store and online.
4.6 The Bonus Voucher will be issued between 0 to 15 days after you reach the bonus voucher threshold of 50 points. If a member returns items that were a part of a transaction which moved them over the voucher threshold, then the Bonus Voucher will be taken back, until you have reached the voucher threshold again. If a used that Bonus Voucher already and then returned the items, then the Bonus Voucher will not be reissued for the next threshold.
4.7 Vouchers cannot be exchanged for cash or used for purchases with a total value that is lower than the value of the voucher. The sum total of the purchase, after the voucher is applied, must exceed KWD 1. Products that are not for sale in store or online (non-commercial goods, such as shopping bags in store) do not count towards this sum.
4.8 Each bonus voucher is only redeemable once and is applied on all articles in the order. The discount is split between the articles so that the discount share per article remains the same for all articles in the order. The respective reduction of the individual articles of a purchase remains, even if some articles of the purchase are returned. The discount advantage of the bonus checks is not redistributed to the remaining articles of the order in case of a return.
4.9 In the case of a return, the discount advantage received through the bonus voucher (value of the bonus voucher) expires and the Member will lose such discount advantage. Only the amount paid for the article will be refunded, not the savings from the bonus voucher. If you use the bonus voucher in a physical H&M- or H&M HOME-store, as applicable, the bonus voucher must be redeemed at the checkout. Printouts or screenshots of the bonus voucher will not be accepted.
4.10 The bonus vouchers cannot be used to purchase Gift Cards, or be applied to past purchases.
4.11 For the avoidance of doubt, points and/or vouchers have no cash value, cannot be redeemed for cash and are void and Alshaya can take the necessary legal action in such cases. if sold, purchased, bartered, or exchanged for cash or other consideration, or if received or used in violation of these Terms.
4.12 Bonus Voucher can be re-issued by calling Customer Service only in two cases: a) if member cancels their online order within an hour and they have used a bonus voucher b) the online order was cancelled automatically by Alshaya. A member is then requested to call customer service and request a re-issuing of the Bonus Voucher.
5 CHANGES, TERMINATION AND/OR REMOVAL FROM H&M'S LOYALTY PROGRAM
5.1 You may cancel your Membership at any time by contacting Customer Service. Please note that by cancelling your Membership you will only be able to use the guest check-out option when shopping online or by creating a new Membership.
5.2 If you cancel your Membership this will be considered waiving any points which remain in My Account will be forfeited. Also, any credit applications will be canceled.
5.3 WE may, at our sole discretion, terminate, alter, limit, suspend or modify the Program, and/or the Terms at any time, in case of changes to applicable laws, changes in services provided by M.H. Alshaya Co. W.L.L. or introducing new services. Any such change will take effect after 14 days from the date on which you have been informed of such change either in My Account, on kw.hm.com, via mail or a combination thereof. Your continued access to or participation in the Program following any such changes or modifications confirms your acceptance of the Terms, as amended.
5.4 M.H. Alshaya Co. W.L.L. reserves the right to make minor changes to the Program and its Terms without providing you with prior notification, provided that these changes do not materially affect the Membership in a negative way. Please make sure to stay updated on the Terms. You will always find the latest version of the Terms and Conditions on kw.hm.com.
5.5 Any proven abuse of the Program, proven or reasonably assumed fraud, failure to follow the Terms, Membership inactivity, any misrepresentation or any conduct detrimental to our interests may subject you to Membership revocation and will affect eligibility for further participation in the Program. If your Membership is revoked, any points in My Account will automatically expire.
5.6 We reserve the right to restrict your access to browse and shop via your Membership on kw.hm.com at any time without notice any time and at our sole discretion for whatever reason. Reasons for restriction may include, but are not limited to, the following: (1) Frequent and/or high rates of returns deemed unusual; (2) Behaviours(s) demonstrating the intention to resell and/or make a profit through the purchasing of our products; or (3) Suspected multiple accounts and/or the registration of a new account by a previously suspended user. We also reserve the right to cancel orders placed via your Account for the same reasons, and to cancel orders placed in guest check-out with the same billing address, shipping address or method of payment. If your access has been restricted or order cancelled and you think we’ve made a mistake, please get in touch with Customer Service.
6 LIMITATION OF LIABILITY
6.1 We shall not be liable for any system failure or malfunction of the H&M Loyalty Program or any consequences thereof. We accept no liability for any loss or damages arising from suspension, variation or termination or in any other way relating to the Program, except for any liability which cannot be excluded by law.
7 APPLICABLE LAW AND JURSICTION
7.1 These Terms and Conditions shall be governed by the applicable laws in the territory in which you are registered to use our Website (assuming it is a territory in which we operate) and shall be subject to the exclusive jurisdiction of the courts of that relevant territory..
7.2 We adhere to applicable local dispute resolution regulations by competent authorities for the settlement of potential customer complaints.
For more information, please see Customer Service.
7.3 The invalidity or unenforceability of individual contractual provisions shall not affect the validity of the remaining contractual provisions. In such case, the ineffective or unenforceable provision shall be replaced by the parties by an effective or practicable new provision.
8 CONTACT US
8.1 If you have any questions regarding the H&M Loyalty Program you may contact Customer Service at M.H. Alshaya Co. W.L.L..