About these terms
Sawghat, at sawghat.com, is operated by [LEGAL ENTITY NAME — to be provided by the owner], registered under number [REGISTRATION NUMBER — to be provided by the owner], at [REGISTERED ADDRESS — to be provided by the owner] ("Sawghat", "we", "us"). It lets people living outside Afghanistan buy goods for someone inside Afghanistan and pay for them by card in US dollars.
Sawghat is the seller of everything you order. We buy the goods, keep them in our own warehouses in Afghanistan, check and approve every order, pack it, and deliver it to the recipient. These Terms of Use are the whole agreement between you and Sawghat for using the site and for every order you place. Where these terms refer to a numbered section, they mean a section of these terms. If you have a question about them, write to support@sawghat.com.
1. What Sawghat is
Sawghat lets people living outside Afghanistan buy goods for someone inside Afghanistan (the "recipient") and pay for them by card in US dollars. You can buy a package that we have put together, with its exact contents shown, or build your own basket from the products we offer. You can also add fresh gifts, such as cakes, flowers and trays, which we buy fresh for your order and pack in the same box. Everything in an order is delivered together, as one box, inside Afghanistan.
2. Who can use it
Sawghat is for buyers paying from outside Afghanistan. To place an order you must be at least 18 years old, and you must:
- be signed in to a Sawghat account with a verified email address. You sign in with your email address and a one-time code that we email to you; a new address opens a new account. We ask for your date of birth when you first sign in;
- be connected from outside Afghanistan. When you pay, we look up the country of your network (IP) address. If it is in Afghanistan, or we cannot tell where it is, for example because you are using a VPN or a proxy, you cannot pay until we can confirm that it is outside Afghanistan;
- pay with a card issued outside Afghanistan. We check the country that issued your card before anything is charged, and again on the payment itself.
Sawghat does not take payments from inside Afghanistan.
3. Orders we may refuse or cancel
We may refuse an order, or cancel it and release or refund your payment in full, if it fails any of the checks in section 2, if the country that issued the card cannot be confirmed, or if it fails our sanctions and compliance screening. By placing an order you confirm that neither you nor the recipient is subject to sanctions, and that you are not buying for or on behalf of anyone who is. We may check orders, buyers and recipients against sanctions lists and other compliance requirements. Where the law does not allow us to explain a refusal, we may refuse without giving a reason.
4. What you can buy
Only the products and packages that the site shows can be ordered. Luxury goods are never offered. We decide what we offer, and we may add or withdraw a product, a package or a fresh gift at any time; what you can order is what the site shows when you order. Some products are bought for your order and are always orderable; others are sent only from stock, and the site tells you when one is not available for the recipient's city. Some packages and products have lower prices when you order larger quantities; the price for each quantity is shown before you pay. Fresh gifts are available only for the days and areas the site shows.
5. Prices in US dollars
Sawghat prices are shown and charged in US dollars (USD) only. We price our goods in afghanis, and we build the dollar price from:
- the afghani price, converted into dollars at an exchange rate that we set and change from time to time;
- an exchange margin, a percentage that we add to that conversion;
- a service fee for each order; and
- the delivery fee for the recipient's delivery zone, in US dollars.
Before you pay, the checkout shows the price of each item, the service fee, the delivery fee and the total. The exchange rate and these amounts are fixed when you place the order and do not change afterwards. If a price changes while you are checking out, the checkout shows the new total and asks you to confirm it before anything is charged. If your card is not in US dollars, your card issuer converts the charge into your card's currency at its own rate and may charge fees of its own. Those are a matter between you and your card issuer, and Sawghat does not cover them.
6. Paying by card, and our approval
Sawghat takes card payments only, and they are processed by Stripe, our payment provider. You enter your card details in Stripe's payment form, and Sawghat never sees or stores your full card number. Your bank may ask you to confirm the payment, for example with a code or in its app.
- A hold, not a charge. When you pay, the total is authorised on your card: your bank holds the amount, but nothing is taken yet. We reserve the goods for your order, and your order page shows it as awaiting confirmation.
- Our approval. Our team checks every order. When we approve it, the payment is taken from your card (captured) and we start preparing the box. If we can supply only part of the order, section 9 applies, and we take only the amount for what we will send.
- If we cannot accept the order. If we reject the order, or if we have not approved it before the hold on your card is about to run out, the hold is released and your card is never charged. We email you when this happens. Your bank may still show the held amount as pending for a few days before it disappears.
The service fee, the delivery fee and the price of the goods are all paid to Sawghat.
7. The recipient
At checkout you give the recipient's name, an Afghan mobile number, the city and district, the area and landmark directions, and, if you wish, a pin on the map. You are responsible for these details being complete and correct: we deliver to the details you give, and a box that cannot be delivered because they are wrong is treated as section 12 describes. You must have the recipient's agreement to receive the box and to be contacted by us and by the courier: we send the recipient text messages (SMS) about the box and the delivery code to give the courier, and the courier may call them. A gift message you write must follow section 16. The recipient pays nothing at the door. If anyone asks the recipient for money for a Sawghat box, they should refuse and tell us.
8. Delivery from our warehouse
We deliver only to the delivery zones the site shows: groups of districts in the cities where we have a warehouse. If the recipient's district is not in one of them, the checkout tells you that we do not deliver there yet, and the order cannot be placed. Each zone has its own delivery fee, shown on the delivery page and at checkout, and an order pays it once, however many items are in the box.
Everything in an order, fresh gifts included, is gathered at one of our warehouses in the recipient's city, packed into one box and delivered from there, either by a courier from the delivery platform we work with or by a member of our own staff. If you chose a delivery date, we hold the box at the warehouse and send it out that day. Otherwise, the delivery date shown at checkout and on the order page is an estimate: it depends on when we approve the order, on how quickly we can get any items we do not already hold, and on courier coverage in the recipient's district. The order page shows each step.
9. If we cannot get an item
If, when we approve your order or while we prepare it, we cannot get an item, that item is not sent. At checkout you choose what happens next:
- Send the rest. We send the rest of the order, and you pay only for what we send: if your card has not been charged yet, we take only that amount; if it has, we refund the missing item to your card automatically. We email you when this happens, with a link to cancel the rest of the order instead, which works until the box is packed.
- Cancel the whole order. We cancel the order: the hold on your card is released, or, if your card has already been charged, the whole amount is refunded.
If no item in the order can be supplied, the whole order is cancelled, and you pay nothing for it, including the service fee and the delivery fee.
10. Cancelling an order
You can cancel an order from the order page until its box has been packed. If we have not approved it yet, the hold on your card is released and nothing is charged; if we have, the full amount you paid is refunded to your card. Once the box is packed, the order can no longer be cancelled. If you chose a delivery date, the order page shows until when you can cancel.
11. Returns and claims
Sawghat orders cannot be returned because you or the recipient changed your mind. If the goods arrive damaged, if a wrong item arrives, or if items are missing or not as described, open a claim from the order page as soon as you can, with a description and, if you can, photos. We look at every claim and tell you what we decide. A refund we award is paid to the card you paid with, as section 13 describes.
12. If the box cannot be delivered
If the courier cannot deliver the box after reasonable attempts, or the recipient refuses it, the box comes back to our warehouse and we refund the price of the goods to your card. The service fee and the delivery fee are not refunded, because the box was prepared and carried.
13. Refunds
Every refund on a Sawghat order is paid to the card you paid with, in US dollars, and never in cash, by hawala, by bank transfer or as store credit. A refund is worked out from the dollar amounts fixed when you ordered, never from a later exchange rate, and the total refunded on an order can never be more than you paid for it. Refunds up to a set amount are issued automatically; larger ones are checked by our staff first. Once a refund is issued, it usually reaches your card within 5 to 10 business days, depending on your card issuer. If your card is not in US dollars, the amount credited in your currency may differ from the amount that was charged, because exchange rates change and your issuer may charge fees. If your card has been closed or replaced, your card issuer normally passes the refund on to you; if it cannot, contact us.
14. Card disputes and proof of delivery
If you think a charge is wrong, please contact us first at support@sawghat.com: most problems are resolved faster through the order page or a claim. At the door, the courier confirms delivery with the code we sent the recipient and photographs the box, and the order page shows you this proof. If you dispute a charge with your card issuer, we may hold a box that has not yet left our warehouse while the dispute is open, and we may give the card issuer, through Stripe, the evidence we hold about the order: the receipt, the delivery record, the delivery code confirmation and the proof-of-delivery photos, the result of any check your bank made when you paid, the country that issued the card, the countries of the network addresses used, and the version of these terms you accepted. If you are paid back twice for the same amount, once by us and once through a dispute, you must repay one of them. We may restrict or close access to Sawghat for an account that disputes charges for orders that were delivered.
15. Limits and fraud prevention
To prevent fraud, we limit the value of a single order and the number and value of orders per account, per card and per recipient over set periods, and the checkout tells you if an order would go over a limit. You must use only a card that you are entitled to use. We run automated and manual checks, and if we suspect fraud or misuse we may hold an order for review, refuse it, or cancel it and release or refund the payment. Where the law requires it, we report fraud to Stripe, to the card networks or to the authorities.
16. Using Sawghat fairly
You must give us true details about yourself and the recipient, use Sawghat only for lawful purposes, and not interfere with the site or try to get around its checks. A gift message must not be abusive, threatening, hateful or unlawful, and must not contain anything you do not have the right to send; we may remove such a message or refuse the order. If you misuse Sawghat, we may suspend or close your account, after telling you why where the law allows.
17. Governing law, liability and changes
These terms are governed by [GOVERNING LAW AND COURTS — to be confirmed by legal review]. If you live outside Afghanistan, nothing in these terms takes away a protection that the consumer law of the country where you live gives you and that cannot be excluded by agreement. We are responsible for delivering what you ordered as these terms describe; [LIMITATION OF LIABILITY — to be confirmed by legal review]. We may change these terms from time to time. When we do, the site shows the new version, and you are asked to accept it before your next order; an order already placed stays under the version you accepted for it.
18. Cash for the family
Where Sawghat offers it, you can add an amount of cash to an order for the recipient to receive in afghanis together with the goods ("cash for the family"). It is an addition to an order and cannot be bought on its own: an order with cash for the family must contain at least one item.
- The amount. You choose one of the amounts shown at checkout, or another amount in whole US dollars between the smallest and largest amounts shown there. The amount, and any fee for it, is part of the order's total, held and charged with the rest of the order as section 6 describes.
- The rate. We convert the amount into afghanis at the exchange rate we set for Sawghat at the time of your order, less any margin shown at checkout, and round the result down to the nearest 10 afghanis. Before you pay, the checkout shows the amount in afghanis that the recipient will receive, the rate and the fee. These are fixed when you place the order.
- The fee. Cash for the family is free unless the checkout shows a fee. A fee, when there is one, is a percentage of the amount and is shown before you pay.
- How it is handed over. The afghanis are counted at our warehouse, sealed in a numbered envelope and packed inside the box, and they are delivered with the box in the way section 14 describes. The cash is delivered when the box is delivered. So that the box is not a target, the cash is not mentioned in the recipient's text messages or on the box label; tell the recipient yourself if you wish.
- Refunds. If the order is rejected or cancelled before the box is packed (sections 6 and 10), or the box cannot be delivered or the recipient refuses it (section 12), the full amount you paid for cash for the family, including any fee for it, is released or refunded to your card as section 13 describes. If we cannot get some items but the rest of the order is still sent (section 9), the cash is sent with it.
- Limits, and when we may refuse it. We limit the amount of cash for the family in one order, and per account and per recipient over 30 days, and the checkout tells you if an amount would go over a limit. We may refuse cash for the family on any order, or stop offering it, at any time, including for the reasons in sections 3 and 15; if we refuse it after you have paid, we release or refund it in full.
- Confirming the payment. For a payment that includes cash for the family, your bank is always asked to have you confirm it (3D Secure), for example with a code or in its app. If the check is not completed, nothing is taken from your card.