Welcome to www.primeselection.com.kw
These are the Terms and Conditions governing your access to and use of the website www.primeselection.com.kw and its related sites, services, and tools (collectively referred as the "Site").
This website is owned and operated by Mohamed Naser Al Hajery & Sons Co. Ltd. Kuwait. Throughout this document, the terms “we”, “us” and “our” shall refer to the ‘Site’ as owned by Mohamed Naser Al Hajery & Sons Co. Ltd.
By visiting and/or purchasing something from our ‘Site’, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”/ “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the ‘Site’, including without limitation to users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Users can send any queries they have on the ‘Terms & Conditions’ to [email protected]
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the ‘Site’, you agree to be bound by these Terms of Service. If you do not agree to all the Terms and Conditions as specified herein, then you may not access the website or use any services.
Eligibility for Membership
By agreeing to these Terms of Service, you represent that you are at least the age of majority by law of your land, and you have given us your consent to allow any of your minor dependents to use this ‘Site’.
Without prejudice to any other rights and remedies of Mohamed Naser Al Hajery & Sons Co. Ltd. under this Terms & Conditions or at law, we reserve the right to limit or withdraw access to the ‘Site’ or membership of any person if we believe that the person is under the age of 18 years.
You may not use products offered on the website for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to these ‘Terms & Conditions’ and that you and the business entity will comply with all applicable laws relating to online trading.
To access certain functions of the Service, including the ability to order and purchase Products, you must register and create an account on our ‘Site’, secured by a password (the “Account”). Any Account so created is personal and exclusive to you and is non-transferable to any third party.
On becoming a member of the ‘Site’, you agree:
- To provide true, accurate, current, and complete information about yourself as prompted by the ‘Site’ in registration form (the "Registration Data")
- To maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
- To maintain the confidentiality of, and restrict access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password.
- To immediately notify us of any unauthorized use of your account and/or password or any other breach of security. In no event will we be liable for any direct, indirect, or consequential loss or loss of profits, good will or damage whatsoever resulting from the disclosure of your username and/or password.
- You may not use another person's account at any time, without the express permission of the account holder.
- If you provide any information that is untrue, inaccurate, not current or incomplete or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the ‘Terms & Conditions’ , without prejudice to any other rights and remedies of Mohamed Naser Al Hajery & Sons Co. Ltd. under this ‘Terms & Conditions’ or at law, we have the right to indefinitely suspend, limit or withdraw your access to the ‘Site’ and/or your membership of the ‘Site’.
- We may (at our sole discretion and at any time), make any inquiries we consider necessary (whether directly or through a third party), and request that you provide us with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments.
- Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf.
- You agree to provide any information and/or documentation to us upon such requests. You acknowledge and agree that if you do not, we without liability may limit, suspend, or withdraw your access to the ‘Site’ and/or your membership of the ‘Site’. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
Use of the ‘Site’
By accepting the ‘Terms & Conditions’, you confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects.
You agree that you will not,
- Use the ‘Site’ in any way that causes, or is likely to cause the ‘Site’ or access to the ‘Site’ to be interrupted, damaged, or impaired in any way;
- Use the ‘Site’ for criminal, fraudulent or illegal activity or in any manner which would cause harm or distress to any third party;
- We reserve the right to suspend, restrict or terminate your access to the ‘Site’ at any time without notice if it has reasonable grounds to believe that you have breached any of these restrictions or if it suspects fraudulent account activity or behaviour. This shall not limit our right to take any other action against you that it considers appropriate.
All content on the ‘Site’, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work either of us, our users, content suppliers, or our licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
The compilation of the content on the ‘Site’ is the exclusive property and copyright of Mohamed Naser Al Hajery & Sons Co. Ltd. and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
Intellectual Property & Trademarks
You acknowledge and agree that all copyright, trademarks, and all other intellectual property rights in all materials and/or content made available as part of your use of www.primeselection.com.kw shall remain at all times vested in us or our licensors. You are permitted to use this material and/or content only as expressly authorized by our licensors or us.
All Product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g., all capital letters), (collectively, “Marks”) are trademarks owned by or licensed to us, unless otherwise noted. The Marks on www.primeselection.com.kw are variously protected by the laws of the State of Kuwait and other international trademark and other intellectual property rights and laws.
Our trademarks may not be used in connection with any product or service that is not ours nor in any manner that disparages or discredits us.
You agree that we may communicate with you by email or by posting notices on the ‘Site’.
We require your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the ‘Site’.
In case at any time, you do not wish to receive promotional emails, you can opt out of receiving such promotional emails or messages by clicking on the link at the bottom of any promotional email.
Any external links contained on the ‘Site’ are provided by us merely as a convenience to you, and we are not responsible for the content or operation of any such linked sites. Any links to such linked sites should not at any time be construed as an endorsement, representation(s), or promotion by us as to the content, representations, accuracy, products, or services found or otherwise described in such linked sites. The usage of these linked sites is done at your own risk.
Amendments to the Terms & Conditions
You acknowledge and agree that We shall endeavour to give you notice for any amendment to this document that materially increases your obligations or decreases your rights under this ‘Terms & Conditions’ ("Substantial Amendment").
You acknowledge and agree that We at our sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the ‘Site’.
Fees & Services
The ‘Site’ is an online platform allowing for the sale and purchase of items between us and buyers.
Membership on the ‘Site’ is free. We do not charge any fee for browsing.
We may choose to change the fees of our services, and such changes are effective in accordance with their terms when we post them on the ‘Site’.
Unless otherwise stated, all fees shall be quoted in Kuwaiti Dinars.
You can choose between different payment methods provided on the platform, which include, Cash on Delivery, Local Debit and Credit Cards, and major international credit cards.
We reserve the right to provide other payment methods or to no longer offer certain payment methods.
You bindingly choose the payment method when placing orders, provided that you choose an online payment method, the payment will be processed by an external online payment provider integrated with us.
Your card data will not be stored.
We have a "Buyer Protection Program" which seeks to assist buyers (you) to ensure their purchase is protected against fraud.
If you purchase an item and never received it or received an item worth significantly less in value compared to what was described by us, you may seek protection under the Buyer Protection Program.
The Buyer Protection Program involves reimbursement by us to you value of the item as paid by you.
To be eligible under the Buyer Protection Program you need to file a complaint with us within a week (during our official business hours i.e., 9 AM to 5 PM) of receiving (or not receiving) the relevant item.
You acknowledge and agree that if any item returned to us is illegal or otherwise unlawful then we may at our sole discretion destroy the item or take any other steps as we consider necessary.
Kindly refer our ‘Return & Refund Policy’ for further details.
We undertake to take reasonable measures (physical, organizational, and technological) to safeguard against unauthorized access to your personally identifiable information and to safely store your personally identifiable information. However, the Internet is not a secure medium, and the privacy of your personal information can never be guaranteed.
We have no control over the practices of third parties (e.g., website links to this ‘Site’ or third parties who misrepresent themselves as you or someone else).
Breach of User Agreement
Without prejudice to any of our other rights and remedies under this ‘Terms & Conditions’ or at law or otherwise, we may immediately and without liability, limit your activity, limit, or withdraw your membership, and/or limit or withdraw your access to the ‘Site’, if:
- You breach this User Agreement;
- We are unable to verify or authenticate any information you provide; or
- We believe (at our sole discretion) that your actions may cause legal liability for you, other users or to us.
We may at any time at our sole discretion reinstate suspended users.
Withdrawal of Access and/or Membership
Without prejudice to any of our other rights and remedies under this ‘Terms & Conditions’ or at law or otherwise, we may limit, suspend, or withdraw your membership and / or your access to the ‘Site’ at any time, without notice, for any reason, including without limitation, breach of this ‘Terms & Conditions’.
We provide the ‘Site’ and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, compatibility, and non-infringement.
We make no warranty that defects will be corrected or that the ‘Site’ or its servers are free of viruses or anything else which may be harmful or destructive.
The nature of Internet communications means that this ‘Site’ may be susceptible to data corruption, interception, non-availability, and delays. The ‘Site’ may also be unavailable from time to time due to repairs, maintenance, or development work. You agree that We are under no obligation to provide support for the ‘Site’. You expressly agree that you use the ‘Site’ at your own risk.
Limitation of Liabilities
To the extent permitted by law, We including our officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the ‘Site’, its services or this User Agreement (however arising, including negligence or otherwise and whether or not We have been advised of the possibility of such losses or damages).
If you are dissatisfied with the ‘Site’ or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the ‘Site’ and its services as a result of your negligent act or omission would result in irreparable injury to us, We shall treat any such unauthorized use as subject to the 'Terms and Conditions’ as mentioned in this document.
You agree to indemnify and hold us and our affiliates, officers, employees, agents, and suppliers harmless from all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this ‘Terms & Conditions’, or your violation of any law or the rights of a third party.
None of the provisions of this ‘Terms & Conditions’ shall be deemed to constitute a partnership or agency between you and us, and you shall have no authority to bind us in any manner whatsoever.
If any dispute, claim, controversy or difference (including in relation to any tortuous or statutory claim) ("Dispute") arises out of or in connection with or in relation to this ‘Terms & Conditions’, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this document or this clause, or any question regarding the legal relationships established by this document or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute.
Transfer of Rights and Obligations
You hereby grant us the right to, and irrevocably acknowledge and agree that We may at any time, transfer all or any part of its rights, benefits, obligations, or liabilities (whether express or assumed) under this ‘Terms & Conditions’ to any of its affiliates without requiring your further specific agreement.
We agree to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the ‘Site’.
You may not at any time, without our prior written consent, transfer all or any part of your rights, benefits, obligations, or liabilities (whether express or assumed) under this ‘Terms & Conditions’.
If any clause of this ‘Terms & Conditions’ shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this document.
This document as amended from time to time, sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof.
Person who is not a party to this ‘Terms & Conditions’ shall have no right to enforce any term as specified in this document. If this document is translated into any language other than English, whether on the ‘Site’ or otherwise, the English text shall prevail.