TERMS & CONDITIONS
This Website is operated by AL MULLA AUTOMOBILES FOR BUYING & SELLING CARS CO. S.P.C as an authorized reseller of Mercedes Benz products (“AMA”) or any “Other Group Entities” (which shall mean (i) AMA; (ii) any corporation, association or other legal entity or branch in which AMA directly or indirectly holds shares; (iii) any corporation, association or other legal entity or branch which directly or indirectly holds shares in AMA (“Holding Company”); (iv) any corporation, association or other legal entity which is owned or controlled by any Holding Company; and (v) any corporation, association or other legal entity (including any sole establishment) or branch which is owned or controlled by any person who holds shares in a Holding Company) (collectively “we”, or “us”)
Access to this Website is subject to the terms and conditions of use outlined below (“Terms”).
When you place an Order through our Website, you are deemed to have consented to the latest version of the Website Terms then posted on our Website. If a change in law means that we have to change our Website Terms after you have placed an Order but before it has been fulfilled, we are obliged to apply that change to your Order. In all other cases, the version posted at the time your Order was placed will apply.
If you do not agree to be bound by the Website Terms, you should not use the Website.
We aim to make the Website and its associated services available to as many of you as possible. However, we do require that you are at least 18 years of age, able to lawfully: (i) make payment through one of our accepted payment types; (ii) agree to these Terms; and (iii) enter into binding Orders with us.
The Website is for your personal use only and commercial usage is not permitted. We reserve the right to decline Orders where we suspect commercial usage.
When you place an Order with us, then subject to your rights to cancel or return the product(s), you commit to buy the item described in that Order, at the price indicated including taxes and duties where applicable.
Orders are subject to our acceptance, which we may withhold in our sole discretion including for reasons such as ineligibility, inability to confirm payment authorization, suspected fraud, shipping restrictions and/or stock availability. Items ordered by you are only reserved until your Order has been finalized in accordance with these Terms.
The Website may contain or provide information regarding the availability of product(s). This information can be used to estimate the likelihood that an item will be available immediately upon Order placement. Unfortunately, we cannot guarantee that a product stated to be available will be available right away, as inventory can change significantly throughout the day.
In rare cases, a product may be available when you place an Order but sold out by the time we process the Order. Should this happen, we will notify you.
Receipt of your Order will be acknowledged by email. However, the Order is only confirmed when you receive notification from our team on the availability of that product. No party other than us has the authority to confirm acceptance of the Order.
Prices on the Website are displayed in Kuwaiti Dinar (“KD”) and include taxes and may be subject to additional duties and charges.
Where you purchase using a payment card denominated in a different currency to KD, the payment will be subject to the currency exchange rate applied by your card issuer at the time your payment is completed.
All products displayed on the Website, constitute an "invitation to offer". You agree to pay the full amount payable for the products as indicated during the Order process, including any charges incurred with that Order.
Although we make every effort to ensure prices displayed on our Website and in our communications are correct, errors may occur.
If an error occurs after you have placed your Order whether it was processed or not, we have the right at our sole discretion to refuse or cancel any Orders placed for that product.
We currently accept the following payment types for amounts paid on our Website: Kuwait debit cards (i.e. K-net). Payment will be taken at the time you place your Order. By entering payment details onto our Website, you warrant that you are duly authorized to pay using those details. We reserve the right to decline orders without liability to you where we believe payments are not authorised, the payment method is not valid or where we do not think you are authorised to use or utilise the relevant payment type. For any assistance or queries on your online payments, kindly get in touch by calling 00965-1887888.
We shall make no delivery until payment has been received or shall make delivery concurrently against payment. The delivery time is normally approximately (3) working days (for shipping within Kuwait) from receipt of payment, up to, but not exceeding 30 working days after the release of the payment. The delivery time for special orders may exceed 30 days and will be communicated accordingly.
You shall be responsible for bearing the shipping cost and all VAT, if any, and other fees associated with the delivery (based on the delivery option selected as detailed below) of the product(s).
Any dates quoted for delivery are approximate only and not binding. Time for delivery shall not be of the essence due to some circumstances beyond our control including, without limitation, production, shipment or transportation.
Upon physical delivery of the product(s) to you, we shall be released from all liability towards you in relation to the product(s), and all responsibilities and risks associated after date and time of physical delivery will be you at responsibility.
RETURN AND EXCHANGE
Damaged, defective or faulty product
In case of a damaged, defective or faulty product purchased on the Website due to an error on our part or because product(s) are damaged, defective or faulty, you have the right to request a refund, provided that you notify us within fourteen (14) days of receipt of the product(s) by sending a picture of product to the Customer Care no. 1887888 / Whatsapp Business on the following email: firstname.lastname@example.org
If the request meets the conditions above, our Customer Care team will send you a return form to be filled via e-mail and shared back with us via the email above (the “Return Form”).
We will arrange for the product(s) to be collected.
in the same condition in which they were received, unused, unworn, and unwashed, in their original packaging and with their identification tag attached with the disposable seal.
We will examine the returned product(s) to determine whether they are damaged, defective or incorrect, and will inform you by email within a reasonable period of time of whether we will accept the returned product(s) and refund their price.
If accepted by us, damaged, defective or incorrect product(s) will be refunded in full to your original method of payment i.e. KNET.
In the event that we find no damage, defect or error with the returned product(s), you will be notified that the refund will not be processed, and your product will be shipped back to you (shipping fees, as applicable). If you refuse said delivery, we reserve the right to retain the product(s) and the amount paid for the purchase of the product(s).
We only accept returns of product(s) within 5 days from delivery of the product to your address, and will reimburse the purchase price of the product(s) (minus shipping fees, as applicable) only if the following conditions have been met:
• The product(s) have not been used, worn or washed, are in the same conditions in which they were received;
• The identification tag (with the disposable seal) and labels are still attached to the product(s);
• The product(s) are returned in their original packaging; and
• The product(s) are not damaged.
You cannot return customized or personalized products, or sealed items that were opened after delivery and that cannot be returned due to health or hygiene reasons. Final sales items and jewelry cannot be returned.
You can inform us of your intention to return merchandise by contacting us on email@example.com. We will send you an email with the Return Form to be completed and sent back to us.
We will examine the returned product(s) to determine whether they meet the conditions above, and will inform you by email within a reasonable period of time of whether we will accept the returned product(s) and refund their price.
If accepted by us, the returned product(s) price will be refunded in full to your original method of payment.
In the event that we find that the product(s) do not meet the conditions above, you will be notified that the refund will not be processed, and your product(s) will be shipped back to you (shipping fees, as applicable). If you refuse said delivery, we reserve the right to retain the product(s) and the amount paid for the purchase of the product(s).
In some cases, and provided that the conditions above are met, you may exchange the product(s) purchased for others of the same model in different sizes and/or colors, provided they are of equal value. It will only be possible to exchange product(s) if the product(s) in the size and/or color selected are available with us. Requests for an exchange will be processed within the following limits:
• exchanges may only be made for purchased product(s)for which this possibility has been expressly provided in the Return Form;
• you may request to exchange one or more purchased product(s) for product(s)of the same model only, in a different size and/or color. In each case, the available options for the exchange will be indicated in the Return Form;
• you may request to exchange one or more product(s)purchased within no later than fourteen (14) days from the date of their delivery;
• the product(s) you request to exchange must be returned in their original packaging, unused, unworn, unwashed and undamaged, and the identifying tag must still be attached with the single-use seal, to be collected by us (shipping fees, as applicable); and
• product(s) to be exchanged that form part of a single order shall be collected individually (shipping fees, as applicable).
All product(s) sold by us include an identification tag attached with a disposable seal, which constitutes an integral part of the product(s). Please try on the product(s) without removing the tag or seal. Product(s) returned without the tag and seal will not be accepted.
Refund times and procedures
Refunds are processed within approximately 30 days of our receipt of the returned merchandise and confirmation that the return conditions have been satisfied. Your refund will be credited back using the same payment method used to make the original purchase on the Website.
By placing an Order through our Website, you acknowledge and agree that full liability for the product(s) rests with the manufacturer and that we carry no product liability for those items.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Website and its contents does not grant you any copyright, design, trademark or other intellectual property rights relating to the Content (as described in the Content section below), including our software, HTML or other code contained in the Website. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Website is typically protected by national and international intellectual property laws and treaties. You are permitted to use the Content only as expressly authorized by us or the licensor of such Content. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, linking, commercially exploiting, copying and use of the above listed materials on any other server, location or support for publication, reproduction or distribution is expressly prohibited.
We reserve the right to monitor submissions to the Website and to edit or reject any submissions.
All names, images, logos identifying Mercedes-Benz, Mercedes-AMG or Mercedes-Maybach are proprietary marks of AMA or its brand partners. All third-party brand, product, service and company names contained on this Website are the trademarks, service marks and trade names of their respective holders. AMA does not give permission for their use by any person other than the holders. Any such use may constitute an infringement of the holders' rights.
In addition to the Intellectual Property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Website. We have made every effort to ensure that the information on the Website accurate and complete, but we cannot promise that Content is error-free. We also do not promise that the functional aspects of the Website or Content will be error free or that this Website or the servers that make them available are free of viruses or other harmful components. We always recommend that you have up to date virus checking software installed.
USER GENERATED CONTENT
By providing a review you agree to be solely responsible for the content of all information you contribute. You also grant us a right to use any content you provide for our own purposes including republication in any form or media. Comments may be moderated and may not be displayed immediately but we do not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts, please contact us here.
We reserve the right in our sole discretion not to publish or to remove any comment including those that we believe may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This Website is available to the public and therefore information you consider confidential should not be posted to this Website.
THIRD PARTY SITES
In an attempt to provide increased value to our users, we may provide links to other Websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We shall not be liable for any delay or failure in performing any of the obligations if such a delay, errors or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, strikes, pandemics, strikes, accidents, war, fire. In a force majeure event, we shall be entitled to a reasonable extension of time to meet our obligations. If the delay persists for such time as we consider unreasonable, it may, without liability on our part, cancel the Order.
Except as otherwise provided in these Website Terms or required by applicable law, we make no representation, covenant or warranty and offer no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular purpose, non-infringement or other violation of third party rights revisions.
Your use of the Website is at your sole risk and it is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the Website at any time.
Save as required by law, we make no warranties that access to the Website will be uninterrupted or error-free; that the Website will be secure; that the Website or the server that makes the Website available will be virus-free; or that information on the Website will be correct, accurate, adequate, useful, timely, reliable or otherwise complete.
If you download any content from the Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer or loss of data that results from the download of any such content. No advice or information obtained by you from the Website shall create any warranty of any kind.
Save for death or personal injury arising out of our gross negligence or as required by law, under no circumstances shall we, our affiliates, employees, directors, officers, agents or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Website, including, without limitation, damages for loss of profits, loss of goodwill or loss of data. Without prejudice to the foregoing, in no event will we be liable for any amounts in excess of the amount paid by you for the product(s) in respect of which the claim arose.
Nothing in these Website Terms is intended to impact any rights you or we may have under applicable law. We are committed to respecting individual rights including but not limited to moral, cultural and religious rights as enshrined in applicable law.
You agree to defend, indemnify and hold us, our directors, agents, affiliates, licensors and suppliers harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of the Website Terms, including the use by third parties accessing the Website using your account caused by your action or inaction.
You acknowledge and agree that these Website Terms constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase or booking by you of any items through the Website, and supersede and govern all prior proposals, agreements, or other communications.
Nothing contained in these Website Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
We may assign our rights under this Agreement to any entity under the ultimate beneficial control of the shareholders of AMA.
Any failure to exercise or any delay by either party in exercising its rights or remedies under these Website Terms shall not be construed as a waiver thereof. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law.
SEVERANCE AND VALIDITY
If any provision of these Website Terms is held to be illegal or unenforceable, the remaining Website Terms (or parts thereof) will not be affected and will remain in full force and effect.
These Website Terms are published in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will apply.
DISPUTES AND GOVERNING LAW
These Website Terms are governed by the laws of the State of Kuwait and all disputes arising here under are subject to the exclusive jurisdiction of the courts of Kuwait. We reserve the right to change any of these Terms and Conditions at any time by posting changes online.