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Purchase Policy and Buyer Rights – Kush One Platform

Effective Date: __ / __ / 20__
Last Updated: __ / __ / 20__

Article 1: Scope of the Policy

This Policy governs search, ordering, purchase, and supply processes conducted through the Kush One platform, and defines the Buyer’s rights and obligations toward the Seller and the Platform.

It forms an integral supplement to the General Terms of Use and the privacy, seller, payment, shipping, refund, and complaints policies.

Article 2: Nature of the Relationship

As a general rule, Kush One acts as an electronic intermediary connecting the Buyer with the Seller. The contract of sale or supply is formed directly between them.

The Platform is not a seller, manufacturer, supplier, or guarantor of the Product, unless it expressly states that it is the selling party in a specific transaction.

Article 3: Buyer Eligibility

The Buyer must:

  1. Have the required legal capacity.
  2. Provide accurate and up-to-date information.
  3. Use a lawful and authorized payment method.
  4. Obtain necessary approvals when purchasing on behalf of an establishment.
  5. Comply with the law and Platform policies.

Article 4: Basic Buyer Rights

The Buyer is entitled to:

  1. Clear and accurate information about the Product and Seller.
  2. Know the price, currency, fees, and additional costs.
  3. Receive the Product according to the agreed specifications, quantity, and condition.
  4. Obtain an invoice or document evidencing the transaction.
  5. Know the warranty, maintenance, and after-sales service terms.
  6. Inspect the Product and report defects or non-conformity.
  7. Submit a complaint and request a remedy under this Policy.
  8. Protection of data and payments under approved policies.
  9. Freedom from misleading advertising or unlawful commercial practices.

No agreement may diminish any mandatory right provided by law.

Article 5: Product Information

A product page must, according to its nature, include:

  • Name, description, and basic specifications.
  • Brand, model, and country of origin.
  • Product condition: new, used, or refurbished.
  • Price, currency, taxes, and fees.
  • Available quantity and minimum order quantity.
  • Preparation and delivery lead time.
  • Warranty and after-sales services.
  • Shipping, installation, and training terms.
  • Known material defects or restrictions.

The Buyer must review this information before submitting an order.

Article 6: Used and Refurbished Equipment

When purchasing used or refurbished equipment, the Buyer is entitled to know:

  1. Year of manufacture and technical condition.
  2. Period of use or operating hours, where available.
  3. Prior repair or refurbishment work.
  4. Known defects.
  5. Replaced or missing parts.
  6. Available technical inspection results.
  7. Any warranty offered.

Ordinary wear or a previously disclosed defect is not grounds for rejection unless the Product differs from the agreed condition.

Article 7: Request for Quotation

A request for quotation does not constitute a commitment to purchase.

A quotation must state:

  • Product description and quantity.
  • Price and currency.
  • Taxes and fees.
  • Shipping, insurance, and installation costs.
  • Validity period.
  • Payment schedule.
  • Delivery date.
  • Warranty and after-sales services.

The quotation becomes binding after acceptance under approved procedures, unless the parties agree otherwise in writing.

Article 8: Placing an Order

Submitting an order constitutes an offer by the Buyer to purchase according to the information and terms displayed at the time of the order.

The transaction is finally formed only upon Seller acceptance and order confirmation, or according to the mechanism specified within the Platform.

An order may be refused before acceptance due to unavailability, an obvious pricing error, inability to perform, or suspected violation or fraud.

Article 9: Pre-Purchase Verification

Especially for equipment and production lines, the Buyer should:

  1. Define the intended purpose precisely.
  2. Review capacity and production output.
  3. Verify power source and operating requirements.
  4. Confirm availability of space and infrastructure.
  5. Review installation and training terms.
  6. Confirm availability of spare parts and maintenance.
  7. Request inspection or technical advice where needed.

The Platform is not responsible for selection of an unsuitable Product due to information or requirements not disclosed by the Buyer.

Article 10: Prices and Fees

The price is binding according to order confirmation or the accepted quotation.

Prices do not include shipping, insurance, installation, customs, or taxes unless expressly stated.

The Seller may not add undisclosed fees after order acceptance.

Article 11: Payment

The Buyer undertakes to pay amounts due through approved methods and on the specified dates.

It is prohibited to use:

  • A payment method owned by another person without authorization.
  • Funds of unknown or unlawful origin.
  • Inaccurate banking details.
  • Sham or fraudulent payment operations.

The Platform or payment provider may request additional verification or suspend the operation upon suspicion.

Article 12: Payment Protection

Where the Platform provides a payment hold or protection service, the amount may be temporarily retained until delivery confirmation or expiry of the inspection period.

Holding the amount does not transfer ownership to the Platform. Release is subject to the transaction terms, the Payments Policy, and dispute settlement.

Article 13: Shipping and Delivery

The following must be specified:

  1. Shipping party.
  2. Place of delivery.
  3. Expected timeframe.
  4. Shipping and insurance costs.
  5. Responsibility for loading and unloading.
  6. Required documents.
  7. The party bearing transport risk.

The Buyer must provide accurate details and a suitable delivery location, and must attend or authorize a person to receive on the Buyer’s behalf.

Article 14: Delay in Delivery

Where delay is expected, the Seller must notify the Buyer and state the reason and new date.

The Buyer may request cancellation and refund of amounts paid if delay exceeds a material agreed period and an alternative date is not accepted, unless the delay is caused by the Buyer, force majeure, or a cause beyond the Seller’s control.

Article 15: Inspection upon Receipt

Where practicable, the Buyer must inspect:

  • Number of packages and quantity.
  • Integrity of packaging.
  • Apparent damage.
  • Brand and model.
  • Serial number.
  • Accessories and documents.
  • General condition of the Product.

Apparent damage or shortage must be noted in the delivery document, photographed, and reported to the Seller and the Platform within twenty-four (24) hours of receipt.

Acceptance of delivery does not preclude a claim for latent defects or non-conformity that could not be discovered by ordinary inspection.

Article 16: Technical Inspection

The Buyer may request a technical inspection before shipping or upon receipt. The parties’ agreement must specify:

  1. The inspection body.
  2. Its scope and criteria.
  3. Its cost.
  4. The effect of its result.
  5. Responsibility for repair or re-inspection.

Inspection does not relieve the Seller of fraud, concealment of material defects, or breach of agreed specifications.

Article 17: Installation and Trial Commissioning

If the transaction includes installation or trial commissioning, technical delivery is not complete until:

  1. The Product is installed at the agreed site.
  2. Operational tests are performed.
  3. Conformity with basic specifications is established.
  4. Staff training is provided where included.
  5. A receipt or commissioning report is signed.

Any reservations must be recorded in the report before signing.

Article 18: Warranty

The Buyer is entitled to written warranty terms, including:

  • Warranty period and start date.
  • Covered parts and services.
  • Exclusions.
  • Maintenance location.
  • Expected repair timeframe.
  • Transport responsibility.
  • Availability of spare parts.

Warranty terms may not be used to relieve the Seller of liability for material defect, non-conformity, or fraud.

Article 19: Non-Conformity of the Product

A Product is non-conforming if:

  1. It differs materially from its description or images.
  2. It is of a different model, quantity, or condition.
  3. It lacks an agreed function or accessory.
  4. It cannot be used for the purpose for which the Seller confirmed suitability.
  5. It is defective or unsafe.
  6. It breaches approved specifications or documents.

According to the circumstances, the Buyer may request repair, replacement, completion of shortage, price reduction, or cancellation and refund.

Article 20: Reporting Defects

The Buyer must report:

  • Apparent damage or shortage within twenty-four (24) hours of receipt.
  • Non-conformity discoverable by inspection within three (3) business days.
  • A latent defect upon discovery and within the warranty period or the statutory period.

Delay does not extinguish the Buyer’s right if the Buyer proves the defect was latent or that the Seller deliberately concealed it.

Article 21: Cancellation before Shipping

The Buyer may request cancellation of an order before shipping, according to the order status and actual costs incurred by the Seller.

Cancellation is free of charge if caused by:

  1. Seller non-acceptance of the order.
  2. Product unavailability.
  3. Change of price or terms after the order.
  4. Seller inability to perform.
  5. Unacceptable material delay.

Article 22: Returns and Refunds

A Product may be returned and its value refunded if:

  1. It is not delivered.
  2. It arrives damaged or incomplete.
  3. It differs from its description or specifications.
  4. A material defect is established.
  5. A different Product is shipped.
  6. The Product or its source is shown to be unlawful.
  7. The Seller or Platform acknowledges the right of return.

Where practicable, the Product must be returned in the condition in which it was received, with its accessories and documents.

Article 23: Non-Returnable Products

The following products are not returnable merely for a change of mind, unless defective or non-conforming:

  1. Products made to special specifications.
  2. Products specially imported for the Buyer.
  3. Production lines whose manufacture or installation has commenced.
  4. Opened or used medical consumables.
  5. Sterile products after packaging has been opened.
  6. Used software or digital licenses.
  7. Products whose condition changed due to misuse.
  8. Used products whose condition and defects were disclosed.

Article 24: Return Costs

The Seller bears return costs if caused by defect, non-conformity, or performance error.

The Buyer bears the costs if the return is at the Buyer’s request, where return is permitted and the Seller is not at fault.

Article 25: Refund Timeframe

The amount is refunded after acceptance of the refund request and receipt of the Product, or after impossibility of delivery is established.

Where possible, refund is made to the original payment method, after deduction of lawful disclosed fees. No fee may be deducted if the refund is caused by Seller breach.

The time for the amount to appear is subject to bank or payment-provider procedures.

Article 26: Installment Purchase or Financing

If purchase is financed or paid in installments by an independent party, the relationship is subject to that financier’s terms.

The Platform is not a financing or guarantee party unless licensed and it expressly states otherwise.

Cancellation of a purchase order does not automatically cancel the financing contract except under its terms.

Article 27: Large Commercial Transactions

For purchases of factories, production lines, and high-value equipment, a separate supply contract is recommended specifying:

  • Technical specifications.
  • Payment stages.
  • Inspection terms.
  • Delivery schedule.
  • Installation and commissioning.
  • Acceptance tests.
  • Training and warranty.
  • Spare parts.
  • Delay penalties.
  • Governing law and dispute resolution.

In the event of conflict, the special contract terms prevail to the extent permitted by law, without prejudice to the Platform’s rights and fees.

Article 28: International Transactions

In cross-border purchases, the parties are responsible for determining:

  1. Trade and delivery terms.
  2. Export and import responsibility.
  3. Customs and taxes.
  4. Insurance and shipping.
  5. Certificates of origin and conformity.
  6. Currency and exchange rate.
  7. Governing law and dispute resolution.

The Buyer is responsible for obtaining import or use licenses falling on the Buyer.

Article 29: Buyer Obligations

The Buyer undertakes to:

  1. Provide accurate data and requests.
  2. Pay amounts due when payable.
  3. Not abuse the Refund Policy.
  4. Not submit fabricated complaints or evidence.
  5. Preserve the Product during a dispute.
  6. Cooperate in inspection or return.
  7. Not use Seller data for unlawful purposes.
  8. Not complete the transaction off-Platform for the purpose of circumvention.

Article 30: Abuse of Buyer Rights

A request may be refused or an account suspended upon proof of:

  • Falsely claiming non-receipt.
  • Substituting the Product with another product.
  • Deliberately damaging the Product.
  • Using the Product and then requesting return without a legitimate reason.
  • Submitting misleading documents or images.
  • Repeating unfounded claims.
  • Fraud or collusion with a Seller or carrier.

This does not prevent a good-faith Buyer from exercising legitimate rights.

Article 31: Complaints

A complaint is submitted through the approved channel and must include:

  1. Order number.
  2. Description of the problem.
  3. Requested remedy.
  4. Images or videos.
  5. Delivery document.
  6. Correspondence and invoice.
  7. Inspection report where needed.

The Seller must respond within the period specified by the Platform.

Article 32: Dispute Settlement

The Platform may:

  1. Request additional documents.
  2. Suspend remittance of the amount.
  3. Refer the Product for inspection.
  4. Propose repair, replacement, or refund.
  5. Allocate shipping and inspection costs according to responsibility.
  6. Close the complaint if the complainant fails to cooperate.

Platform procedures are an internal amicable settlement process and do not make it a court, arbitrator, or guarantor of the Seller’s obligations.

Article 33: Limitation of Platform Liability

As an electronic intermediary, the Platform is not liable for Product manufacture, quality, or suitability, or for the Seller’s performance of its obligations, except to the extent of an express undertaking by the Platform or liability that may not be excluded by law.

This does not affect the Platform’s right to take measures to protect the Buyer or to suspend the Seller or disputed amounts.

Article 34: Data Protection

Buyer data is used to fulfill orders, payments, shipping, support, and fraud prevention in accordance with the Privacy Policy.

The Seller may not use Buyer data outside the scope of the transaction or for marketing without the Buyer’s consent.

Article 35: Governing Law and Dispute Resolution

This Policy is governed by the laws of the Republic of Sudan.

Disputes shall be settled amicably within thirty (30) days from the date of notice. If that is not possible, the competent Sudanese courts shall have jurisdiction, unless there is a written agreement on arbitration or another lawful mechanism.

Article 36: Amendment of the Policy

The Platform may amend this Policy for legal or operational reasons. Amendments will be published with their effective date.

Amendments that diminish agreed rights do not apply retrospectively to confirmed orders, unless required by law.

Article 37: Contact

Buyer requests and complaints should be directed to:

Kush Integrated Solutions Co. Ltd.
Kush One Platform

  • Customer Service Email: __________
  • Complaints Email: _______________
  • Phone: ______________________________
  • Registered Address: __________________________
  • Business Hours: _____________________________

A unified timeline for complaints, inspection, and refunds should be adopted by product category, because industrial equipment and production lines cannot be subject to the same periods as medical consumables or furniture.