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Terms & Conditions

Terms and Conditions of Use for Second Hand Souq Platform

1. Definitions

  • Platform: The website and mobile application owned by Second Hand Souq Company.
  • Company: Second Hand Souq Company, licensed by the Ministry of Commerce and Industry in the State of Kuwait to conduct the activity of trading in movable goods.
  • User: Any natural or legal person who registers, browses, or uses the platform—whether as a seller or a buyer.
  • Seller: Any user who lists a used item on the platform for sale.
  • Buyer: Any user who purchases an item displayed on the platform.
  • Services: Include electronic services for buying and selling used items and related delivery and installation services.

2. Acceptance and Enforcement

By using the platform or creating an account, the user acknowledges having read and accepted these terms and conditions and any applicable privacy policy. The terms shall also appear during any sale or purchase transaction.

3. Eligibility

The user must be at least 18 years old and legally capable of entering into binding contracts.

If the user represents a company or organization, they confirm they are authorized to legally bind it.

4. Account Creation and Data Security

  • The user must provide accurate and up-to-date information, and keep their username and password confidential.
  • The user is responsible for all activities under their account.
  • The company reserves the right to suspend or terminate accounts in cases of misuse or suspected violations of these terms.

5. Nature of the Platform's Role

  • The platform provides an electronic interface that facilitates buying and selling between sellers and buyers.
  • The contract of sale is considered to be between the seller and buyer directly; the company is not a party to that contract.
  • The company may offer additional services such as delivery or installation for separate fees and is responsible for those within the limits stated in these terms.
  • The company does not guarantee the accuracy of listings or the condition of items; verification is the responsibility of the users.

6. General User Obligations

  • Users must provide truthful and accurate information.
  • It is prohibited to list or sell any illegal or banned items, such as weapons, drugs, or restricted goods.
  • Users must comply with all Kuwaiti laws and regulations.
  • Users are fully responsible for any content or advertisements they publish on the platform.

7. Seller's Obligations

The seller must:

  • Provide accurate and complete details of the listed item, including type, size, color, and year of manufacture (if applicable).
  • Specify the item's condition (used/new) and degree of usage.
  • Disclose any defects or faults, visible or hidden, that might affect the item's value or functionality.
  • Not mislead buyers with false data or inaccurate photos.

If the seller violates any of these:

  • The company may remove the listing, cancel the sale, or suspend the seller's account.
  • The seller bears full liability for damages or losses incurred by the buyer or company.
  • Listing approval is considered an acknowledgment of data accuracy and a waiver of company responsibility for verification.

8. Buyer's Obligations

The buyer must:

  • Pay the full price of the item and service fees (delivery, installation if applicable) using approved payment methods.
  • Be available at the agreed time and location for delivery. If absent or refusing without valid reason, the buyer bears extra costs (e.g., re-delivery, storage).
  • Inspect the item upon delivery to confirm it matches the listing.
  • Notify the company immediately if any visible defect or major discrepancy is found.

Buyers are prohibited from misusing refund or return procedures. Fraudulent or abusive behavior may lead to account suspension.

The company bears no responsibility for misuse of the item after receipt.

9. Company Rights

  • The company may refuse or remove any listing that violates these terms.
  • It may suspend or terminate any user's account for violations or misuse.
  • It reserves the right to amend these terms at any time, and changes take effect upon publication on the platform.

10. Delivery and Installation Services

  • Delivery services are provided for a stated fee based on published pricing policies.
  • The company may send qualified technicians for installation if requested.
  • The company ensures reasonable care during service but is not liable for post-delivery misuse or damage caused by the buyer.

11. Return and Refund Policy

  • Once the buyer receives and inspects the item, confirming receipt, they cannot return or refund it unless defects or misrepresentation exist.
  • If, upon inspection, the buyer finds major defects or the item differs significantly from its description, they may refuse receipt, and the item shall be returned immediately to the seller.
  • The company will refund the buyer within 48 hours of rejection confirmation.
  • The seller bears all consequences of providing false information or concealing defects.
  • If a buyer refuses delivery without valid reason, they forfeit delivery fees and may face account action.

12. Payment Policy

  • The buyer must pay the full item price plus service fees (delivery, installation if any) through the approved payment gateway at checkout.
  • Payments are held temporarily by the platform until the buyer confirms receipt of the item.
  • After confirmation, the platform transfers the seller's net payment within 24 hours, after deducting:
    • The platform's commission
    • Delivery service fee
    • Installation fee (if applicable)
  • Upon payment completion, the buyer's obligation toward the seller is considered fully settled.

13. Privacy Policy

  • The company collects user data solely to improve services and facilitate transactions.
  • It does not disclose personal information to third parties without user consent, unless required by law or a court order.
  • Users may access, edit, or delete their data through account settings at any time.

14. Limitation of Liability

  • The company shall not be liable for direct or indirect losses resulting from transactions between users.
  • Its liability for delivery and installation services is limited to gross negligence or proven fault of its staff.
  • In all cases, the company's maximum liability is limited to the amount of the service fee paid.

15. Notifications

  • Any notice sent to the user's registered email or in-app notifications shall be considered valid.
  • Notifications are deemed delivered at the time of sending, unless proven otherwise.

16. Governing Law and Jurisdiction

These terms are governed by the laws of the State of Kuwait, and Kuwaiti courts have exclusive jurisdiction over any disputes arising from or related to them.