Libsimarkah Trading Company , a company incorporated under the law of Saudi Arabia (referred to herein as "Libsi Markah", "we", "our" or "us") operates the Internet e-commerce website www.libsimarkah.com (or any successor site) and its related sub-domains, sites, Services and tools ("Website"). The Website is provided as a service to you and is intended to allow you and other users to browse and order products and other goods or services ("Products") offered for sale on the Website ("Services"). Libsimarkah reserves the right to delete, modify, or supplement the content of the Website at any time for any reason without prior notification, and will use reasonable efforts to include up-to-date and accurate information on the Website.
NOTWITHSTANDING ANY ORAL OR WRITTEN INFORMATION, OPINIONS, EVALUATIONS, DESCRIPTIONS OR CONSULTATIONS OF ANY KIND FURNISHED BY Libsimarkah TO THE CONTRARY, YOU SPECIFICALLY AGREE TO THE TERMS SET FORTH BELOW.
TERMS AND CONDITIONS
- If you opt to register with the Website, then at the time of registration with the Website, as a Registered User, you must carefully read these Terms and accept them. Each time a change is made to the Terms, you as a Registered User, will be prompted to accept the Revised Terms before you can proceed with your next purchase of Products on the Website.
USER CONDUCT AND CONTENT
- You agree to comply with all legal requirements of the applicable jurisdiction(s) with regard to your use of the Website, and you acknowledge that you are entirely responsible for ensuring your own familiarity with such requirements and your own compliance with the same.
- The Website may at times provide opportunities for users to post reviews and other comments, questions, suggestions or other information ("User Content") on or through this Website by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Website. You warrant that any such User Content submitted by you to the Website is original (and does not infringe the intellectual property rights of others), and you hereby grant Libsimarkah a perpetual, irrevocable, non-exclusive, royalty-free, transferable right and licence to use such User Content however Libsimarkah desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology throughout the world, without any further recourse to you, and you hereby waive any moral rights in such User Content. You agree that you will not post any content that is contrary to morality, defamatory, inflammatory, that infringes intellectual property rights, or that may otherwise breach common decency or be contrary to law.
- Libsimarkah will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any User Content you submit for any purpose whatsoever, without restriction and without compensating you in any way. Libsimarkah is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay to user any compensation for any User Content; or (3) to respond to any User Content.
- You agree that any User Content submitted by you to the Website will not violate the Terms or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right/s, and will not cause injury to any person or entity. You further agree that no User Content submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
- Libsimarkah does not regularly review posted User Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Website. You grant Libsimarkah the right to use the name that you submit in connection with any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content you submit. You are and shall remain solely responsible for the content of any User Content you make and you agree to indemnify Libsimarkah and its affiliates for all claims resulting from any User Content you submit. Libsimarkah and its affiliates take no responsibility and assume no liability for any User Content submitted by you or any third party.
ACCOUNT AND REGISTERED USER
- The Services shall include:
(i) The provision to you of the Website to purchase any Products;
(ii) Procuring a logistics company experienced with collection and transportation to deliver your purchased Products to you ("Logistics Supplier"); and
(iii) Libsimarkah customer support, enabling you to contact Libsimarkah with any queries that you may have in relation to your purchased Product/s.
- You agree to pay the full amount payable for the Product as indicated during the order process, including any shipping costs or charges incurred with that order. All prices are displayed in Saudi Riyals.
- Libsimarkah may not accept your order for Products if (a) the item/s is/are out of stock; (b) Libsimarkah is unable to obtain authorisation for your payment; (c) shipping restrictions apply to a particular Product; (d) Libsimarkah finds a Product or pricing error; or (e) for any other reason at Libsimarkah’s sole discretion. In any of these situations, Libsimarkah will inform you that your order has not been accepted, will not process your payment and will not be liable to you or any third party by reason of our decision to decline processing an order, or unwinding or suspending any transaction after processing has begun.
- There may be errors in transmission resulting in the interruption of your purchase, you agree to cooperate with Libsimarkah to resolve such issues, and you agree that Libsimarkah shall have full discretion to determine the appropriate resolution in such cases.
- All credit/debit card payments are subject to validation by the issuer. If the issuer of your card refuses to authorise payment, Libsimarkah will cancel your order and contact you for an alternative method of payment. Libsimarkah cannot be held responsible if this should result in a delay in dispatching your goods/Products.
- All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms. By confirming your purchase at the end of the process, you agree to accept and pay for the item/s requested.
- Certain orders may constitute improper use of the Website and its Services. Libsimarkah reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your Account may also be restricted or terminated for any reason, at Libsimarkah sole discretion.
- In the event that a Product is listed at an incorrect price due to an error in pricing, Libsimarkah shall have the right, at Libsimarkah sole discretion, to refuse or cancel any orders placed for that Product. In the event that a Product is mispriced, Libsimarkah may, at Libsimarkah discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
- Libsimarkah will use reasonable endeavors to provide you with attractive prices on the Website as well as in its stores, however, sometimes the price online will not match the price in a store.
- Libsimarkah reserves the right, at its sole discretion, to limit the quantity of items purchased per person per household or per order. These restrictions may be applicable to order placed by same account, the same credit card and also to orders that use the same billing and/or shipping address.
- Libsimarkah wants you to be pleased with your purchase, and so if for any reason you are not completely satisfied, Libsimarkah will refund your purchase within fourteen (14) days of delivery of your purchased Products. Please go through the Returns Policy available on the Website and the Important Information given at Clause 11. Products purchased through the Website should be returned new, unused, in their original packaging and with the original invoice and all Product tags still attached. Returns that are damaged, soiled or altered may not be accepted by Libsimarkah and may be sent back to you.
- All correctly returned Products will be refunded to the original purchaser as credit to the relevant credit/debit card or bank account used for the transaction after deducting the applicable bank charges (if any). If you think that we have provided you with an incorrect refund, please write to us immediately.
- Please note card refunds may take up to thirty (30) business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and Libsimarkah shall not be liable for any delays in refund by card companies. Libsimarkah offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.
- For Libsimarkah to arrange to deliver any Products that you have purchased to you, you shall be solely responsible for providing the correct and accurate postal details.
- Risk of loss and title for the Products that you purchase on the Website pass to you upon delivery of your purchased Products by the logistics supplier.
- Libsimarkah is not responsible for any delays in the shipping of your ordered and purchased Product/s, lost or missing Product/s or the incorrect delivery of the Product/s to you, which is due to your fault or due to inaccurate, false or incomplete information provided by you.
- All items are quality controlled and checked for any faults before they are dispatched to you. Should you receive an item that is not in perfect condition please write to us immediately, and arrange for the faulty Product to be returned to us.
DISCLAIMER OF WARRANTIES
- To the fullest extent permissible by law, Libsimarkah does not warrant that the Website or any of the Services or Products available through it will be uninterrupted or free from errors. There may be delays, omissions, interruptions and inaccuracies in materials or Services available through the Website or that the Services will meet any particular criteria of performance or quality.
- Libsimarkah makes no representation or warranties about the accuracy, completeness, timeliness, reliability or non-infringement of any content on the Website or Services available through it
- Although Libsimarkah intends to take reasonable steps to prevent the introduction of viruses, worms or other malicious code to the Website, Libsimarkah does not represent or warrant that the Website, or Services, features or materials that may be available through the Website, are free from such destructive features. Libsimarkah is not liable for any damages or harm attributable to such features.
- Electronic transmissions of data including the Internet are public media and any use of such media is public not private. Information related to or arising from such use is either public or the property of those collecting the information and not personal or private information. Libsimarkah does not warrant and cannot ensure the security or confidentiality of any information you transmit to Website. Accordingly, any information you transmit to Website is transmitted at your own risk.
- EXCEPT AS EXPRESSLY SET FORTH HEREIN, THIS WEBSITE AND THE SERVICES ARE PROVIDED BY LIBSIMARKAH ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIBSIMARKAH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LIBSIMARKAH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT WITHOUT LIMITING THE FOREGOING, LIBSIMARKAH DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE LIBSIMARKAH WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
- PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER/SUPPLIER. AT TIMES, MANUFACTURERS/SUPPLIERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEBSITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER/SUPPLIER. LIBSIMARKAH ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY LIBSIMARKAH.