Terms & Conditions
This page tells you information about us and the legal terms and conditions (“Terms & Conditions”) under which we sell any of the products (“Products”) listed on our website, mobile or tablet application, or any other platform (collectively referred to as “Website”) to you.
Information about us
This Website is owned and 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 (“We” or “Us” as the case may be). For the purposes of these Terms & Conditions, 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.
Terms and conditions
These Terms & Conditions apply to your use of the Website. By accessing, browsing, using or registering on our Website, you confirm that you have read, understood and agree to these Terms & Conditions in their entirety. Please check this page regularly to determine whether our Terms & Conditions have been updated - any new terms will automatically be effective when they are published on this Website.
We reserve the right to:
- amend our Terms & Conditions;
- refuse any user access to our Website;
- terminate user accounts;
- modify or withdraw (temporarily or permanently) this Website without notice; or
- cancel customer orders at our discretion.
You may register as a customer of the Website and as part of the registration process you will need to select a password which is in accordance with our password policy. You are solely responsible for the security of your password and account. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password. We would be storing your information to be able to make your experience with our brand better.
All copyright, trademarks and other intellectual property rights in all material, content or software supplied as part of our Website, including emails or any other form of communication with you is protected by international copyright and database right laws and shall remain at all times vested in Us or, where relevant, our franchisors/licensors.
You are permitted to use this material only as expressly authorised by Us or our franchisors/licensors. You may not extract and/or utilise the whole or any part the Website without our express written consent.
The brand names and logos indicated on our Website and all related emails are owned either by Us or by our franchisors/licensors in the territories in which we operate.
We may provide the functionality to allow customers to provide Product ratings and reviews (“User Content”) in relation to the Products. If so, customers are solely responsible for such User Content, and you warrant that any User Content you post is accurate and that you are the sole author. We do not necessarily review User Content prior to it being posting and it may not reflect our views or opinions. You hereby assign to us all intellectual property rights in any User Content you post on the Website. We make no warranty as to the accuracy or reliability of such User Content. We reserve the right to remove User Content which in our sole opinion is deemed to be incorrect, offensive, illegal or otherwise unacceptable. User Content which provides negative reviews of Products will generally be deemed acceptable when objective, not otherwise in breach of these Terms & Conditions and posted by a verified customer.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on our Website, we make no warranties, whether express or implied in relation to its accuracy or in relation to any transaction that may be conducted on or through the Website, in our stores or with customer services (including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade).
Although our Website follows high levels of Information Security Standards, we make no warranty that our Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, We disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms & Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms &Conditions.
Nothing in these Terms & Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
These Terms & Conditions set out the entire agreement between you and Us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
Any matter that arises out of your use of our Website 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.
If you breach these Terms & Conditions and we take no immediate action, this does not mean that We will not be entitled to assert our rights and remedies at a later date.
Each provision of these Terms & Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
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..