1.      INTRODUCTION AND GENERAL MATTERS

These Terms & Conditions (Terms ) apply to the entire contents of the website under the domain name https://www.lexus.com.kw/(Website) and to any correspondence by email or any other means between you and us. Your accessing to this Website will be construed to mean that you have read, understood, and accepted all of the Terms. Please therefore read those Terms carefully before you attempt to use or navigate the Website. If you do not agree to any of the Terms, then please exit the Website immediately and do not access it again.  

These Terms are issued by Mohamed Nasser Al Sayer & Sons Est. Co. W.L.L. References to we, us or our shall be construed as references to MNSS as the owner of the Website.

These Terms have been drafted in both the English and Arabic languages. In the event of any inconsistency or conflict between the two versions concerning the interpretation or application of these Terms, the Arabic version shall prevail.

We may amend the Terms from time to time by updating this posting without any direct notice to you. You should check the Website from time to time for any such amendments and so as to ensure that you understand the changes that have been made pursuant to those amendments.

The Website is provided as a service to you (Service) and is intended to allow its users to browse and/or order products and other goods or services (Products). As a user of the Website (referred to as you or your), you acknowledge that your use of the Website for any reason, including any transactions you make is subject in every respect to these Terms which shall be deemed to include other important hyper-linked sections such as the Privacy Policy, [_________________],https://www.alsayerhayyak.com/and  relevant terms of sales contract provided  by MNSS related to sale of Service and Products.  We do not guarantee that the Website, or any content on it will always be available or uninterrupted. Additionally, access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance, or repair or for reasons that are beyond our control.

We endeavor to ensure that the information in this Website or any marketing and promotion newsletter we send to you is correct. Such materials are provided for general information and reference purposes only and should not be relied upon. You should not act on the information provided on the Website without seeking specific legal advice. Accessing the Website on its own does not create a business or contractual relationship of any kind with MNSS.

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links (including hyperlinks, as defined in Section 8.5) should not be interpreted as approval by us of these linked websites or information you may obtain from them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.

We do not guarantee that the Website will be secure or free from bugs or viruses although we shall take reasonable steps to ensure that such issues do not arise.

You are responsible for configuring your information technology, computer programs and platform in a suitable way to enable you to access the Website. You should use your own virus protection software when doing so.

All logos, trademarks, and other intellectual property in the contents of the Website is owned by or is licensed to MNSS. You are permitted to print and download extracts from this Website for your own personal use only provided MNSS’s copyright and trademark notices are acknowledged. Any use of extracts from this Website (other than in accordance with these Terms) is prohibited.

 

2.  ACCOUNT AND REGISTERED USER

2.1 In order to access certain functions of the Service, including the ability to order and purchase Products, you must first register and create an account on the Website, secured by a password (Account). Any Account so created is personal and exclusive to you and is non-transferable to any third party.

2.2 If you register and create an Account, you will become a Registered User for the purposes of these Terms. To qualify to become a Registered User, you must be at least 21 years of age and must provide true and accurate information (including your name, date of birth, e-mail address, debit card details and other details) as requested during the Account creation process. Subject to applicable law, as a parent or guardian of a minor aged between 18 and 21, you may permit such minor to use your Account, on the basis that you remain fully liable for use of the Account and for any use of the Service by such minor through your Account. We may carry out further checks to verify your age with a registered credit reference (or similar) agency and, if we are unable to verify you are over 21 years of age, we may cancel any order that you may submit.

2.3 By registering as a Registered User at and as such using https://www.lexus.com.kw/, you warrant that the information provided by you in the course of the registration process is true and accurate and you undertake to ensure that such information is kept updated. You are responsible for maintaining the confidentiality of your Account and agree to accept responsibility for all activities that occur in respect of your Account. In the event that you have any concerns regarding your Account or if you become aware of any misuse then you must inform us immediately, please see Section 9 - Contact Us for more information and contact details.

2.4 The terms of purchasing Products and Services are set in the relevant contract. You have to download the relevant contract, read and understand it prior signature. E-signature is allowed for you as long as you have affected the e-signature function at the Kuwait ID application (HAWYTI), as authorized by the Public Authority for Civil Information (PACI). You will receive E-invoice reflecting your payment to the Product or Services. 

 

3. ORDER PROCESS

3.1 As a Registered User, you may order and purchase Products through the Service. If a payment is applicable to your order for a Product, you agree to pay the full amount for that Product as indicated during the order process, including shipping costs or other charges that may be applicable to such order. Please see our Payment terms (under Section 4) below. All orders that you place on the Website will be subject to acceptance in accordance with these Terms.

3.2 The confirmation stage of the Order Process sets out the final details of your order. When that stage is completed, we will send to you an order acknowledgement e-mail, detailing the Products you have ordered. You should note that this e-mail is simply an acknowledgement and not an order confirmation or order acceptance by us.

3.3 Please note that we may not always retain details of any order submitted to us for you to subsequently access to the Website. We therefore suggest that you print a copy of these Terms and the order acknowledgement for your own records after you have submitted the order concerned. If you wish to obtain specific details of your previous orders, you may access Contact Us on the Website menu by clicking on the tab or alternatively you may call our Customer Service hotline at 1830030.

3.4 From time to time there may be errors in the pricing of the Products that appear on the Website or during the order process. There may also be errors in transmission resulting in interruption of your purchase. We will in good faith do all that we reasonably can to try to resolve any issues that may arise as a result of any such errors as expeditiously as possible, and you agree to cooperate with us as we do so. You further agree that in such circumstances we shall have full discretion to determine the appropriate course of action to be taken in such cases.

4. PAYMENT

4.1 We take payment from your selected debit card at the time we receive your order for the relevant Products, after we have checked your card details. Products are supplied subject to availability. If we are unable to supply the Products, we will inform you as soon as possible and a full refund will be given where you have already paid for the Products. For any refund of money, we will refund to the same bank account provided by you to acquire the Service or Purchase the product through this website.

4.2 To ensure that your selected debit card is not being used without your consent, when you pay with  Knet as your preferred payment method we will direct you to the Knet payment gateway where you will be asked to enter your card details (card number, expiry date and PIN code). We may validate your name, address, and other personal data provided by you during the order process against appropriate third-party databases. By accepting these Terms, you consent to such checks being made. In performing these checks, personal data provided by you may be disclosed to a registered credit reference agency, which may keep a record of that information. Please note that this is done only to confirm your identity and that your credit rating will be unaffected as a result of our carrying out this process. All information provided by you will be treated securely and strictly in accordance with the Privacy Policy and applicable law.

4.3 Responsibility to verify your personal data and debit card information, and to rightfully authorize the transaction deducting payments from the card selected by you lies with the respective payment gateway and /or the issuer bank of the card being used. We shall not be liable for any losses or damages arising out of fraudulent transactions occurring due to attacks or breaches on any payment gateway, attacks or breaches on card issuer banks, or due to your card  details, PIN verification details, password verification details or any other details authorizing purchase on the payment gateway being acquired by persons with malicious or otherwise criminal intent or persons who may not be the rightful owners or authorized users of the card concerned.

4.4 The price you pay for the Products ordered by you is the price displayed on https://www.lexus.com.kw/ at the time we receive your order, subject to the exceptions set out in the following sentences of this Section 4.4. Whilst we try to ensure that all prices of the Products on https://www.lexus.com.kw/ are listed accurately, it is possible that errors may occur. If we discover an error in the price of any Products that you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling such order. If we are unable to contact you, in these circumstances we will treat the order as having been cancelled. If you cancel and have already paid for the Products concerned, you will receive a full refund.

4.5 Payment for the purchase of Products can be made by any method that is specified on the Website. For information about secure online ordering, please refer further to the Website menu.

4.6 The risk of loss or damage and the legal title to any Products you order on https://www.lexus.com.kw/ shall pass to you on purchase of the Products at the address provided with your confirmed order or on the date of first attempted delivery by us, subject to us having received full payment for the Products concerned.

4.7 All prices of Products are shown in Kuwaiti Dinar (KD) and include taxes (if applicable) at the applicable current rates.

5. LIABILITY AND INDEMNITY

5.1 MNSS 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 delay, omissions, interruption, and/or inaccuracies in materials relating to the Service available through https://www.lexus.com.kw/.

5.2 MNSS makes no representations or warranties about the accuracy, completeness, timeliness, reliability, or non-infringement of any content on the Website or the Products or Services available through it.

5.3  In no event shall we be liable to you or to any third party for any direct, incidental, indirect, special or consequential losses, damages whatsoever (including, but not limited to, lost profits, business interruption, loss of programs or other data on your information system), even if we have  been advised, knew, or should have known of the possibility of such damages, arising out of or related to: (i) your use of or reliance on the Website, any information, hyperlinks or content contained therein, or Services included on or otherwise made available to you through https://www.lexus.com.kw/; (ii) your provision of information, personal or otherwise, to us; (iii) the provision of Services by MNSS or (iv) acts or negligence on the part of MNSS, its agents or employees.

5.4 Notwithstanding anything herein to the contrary, MNSS’s aggregate liability (whether in contract, tort or otherwise) for any loss or damage that you may incur on any account whatsoever, arising out of your use of the Website, shall be limited to a sum equal to the amount paid or payable by you for the Product(s), but in no event shall exceed KD 500/- (Five Hundred Kuwaiti Dinars) in respect of one incident or series of incidents attributable to the same cause.

5.5 We will take all reasonable precautions to keep the details of your order and payment secure, but we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you. If you use https://www.lexus.com.kw/, you are responsible for maintaining the confidentiality of your Account and its password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. The Website is not intended for selling Products to children, but only to adults who can purchase by use of a debit card or by means of some other permitted payment method. If you are under 21 years of age you can use https://www.lexus.com.kw/ only with the permission and involvement of your parent or guardian, subject to applicable law.

5.6 MNSS reserves the right to refuse the provision of the Service, to terminate Accounts, to remove or edit Website content, or to cancel orders at any time at its sole discretion.

5.7 By using the Website and/or the Service, you agree, to the fullest extent permitted by law, to indemnify and hold MNSS, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of the Website or the Service, your non-compliance with applicable law or regulations in the jurisdiction in which you are accessing the Website or the Service, or any action taken by MNSS as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred.

6. WARRANTY TERMS & CONDITIONS

6.1 General

a) Warranty and Extended Warranty: All Products purchased from the Website will be subject to the manufacturer warranty, if any (Warranty). Warranty terms may differ from one Product to another. Please read the terms of the Warranty attached to Product.  

b) Failure or break down of Products: The Warranty does not cover repairs caused by misuse, improper fitting, breakage, and spillage of liquids, and other repairs arranged by you outside the authorized service center (Service Center).

c) Liability for mis – use of Products: We shall not be responsible for any of your misuse or illegal use (including resale or export to embargoed countries) of any Products, their spare parts or technical documents. Notwithstanding the foregoing, you, the customer specifically agree that all Products purchased by you from the Website will not be used for activities related to designing, developing, producing or usage of nuclear weapons or weapons of mass destruction. You agree not to sell, lease, or otherwise transfer any Product(s) you purchase to end-users engaged in these activities and you alone shall be liable for the conduct or consequences of any such activity. We assume no liability whatsoever nor provide any warranty support or Service in respect of any Product which has been exported/ used in violation of this provision.

d) Liability for loss of Personal Data: We are not responsible for the loss during any check – up or repair of any personal data saved on any Product purchased by you.

e) Labor Charges etc: Where labor charges, transportation, consumable materials are applicable, you should pay the same.

6.2 Standard terms & disclaimers

6.2.1 The Warranty do not include the following:

a) Any damage or malfunction caused by negligence, abuse, reckless behaviour or accident.

b) Our service liability under the Warranty is strictly limited to terms related to each Product and we shall not be liable for any direct or indirect, special, or consequential loss, damage, costs, expenses, or other claim (whether caused by negligence of the Service Center, its agents, or authorized dealers or otherwise) or any contingent or resulting liability arising out of or in connection with any failed or defective Product parts.

c) The Warranty shall become invalid if the Product or any Product part is broken or has been tampered with.

f) Any repair of Products undertaken by the Service Center following the expiry of the Warranty period will be charged for.

g) Generally, we return Products for servicing or repair within three (3) working days. Should the Service Center require a longer period for completion of the service, repair, or replacement you will be so informed beforehand. Your delay to collect the Product after servicing would lead to a penalty of KD 10/- (Ten Kuwaiti Dinars) per day.

h) You have the right to require the replacement of the Product in case of manufacturing defect that cannot be repaired during Warranty period. The replacement must be confirmed in advance by a Technical Report in our prescribed form provided by the Service Center. 

7. DELIVERY CONFIRMATION

We like to keep you informed of the status and expected time of your Products’ delivery. We will try to contact you before scheduling delivery to provide you information on delivery timings. We use our best efforts to accommodate your preferred delivery timings and date. However, please note that such timings provided by us are purely indicative. The actual time of delivery may vary due to various possible delays that may occur and are outside our control.

8. MISCELLANEOUS PROVISIONS

8.1 By accessing the Website You authorize MNSS to maintain and store Your information and records and share it with the manufacturer, in case required to improve our customer service or products.

8.2 Your use of the Website and the contract between you and MNSS shall be governed by the laws of Kuwait, without regard to conflict of law rules and any dispute between you and MNSS shall be resolved exclusively in the courts of Kuwait.

8.3 We have selected the Products on the basis that they will be used for personal use only. We do not offer Services or Products for business purposes. If you intend to purchase Products or Services for business purposes, please do not access to this Website.

8.4 We shall be under no liability for any delay or failure to deliver Products or otherwise perform any obligation as specified in these Terms if the same is wholly or partly caused by events of Force Majeure and/or caused, whether directly or indirectly, by circumstances beyond our reasonable control. For the avoidance of any doubt, Force Majeure events shall, without limitation, mean and include events of war, riots, civil war, rebellion, pandemics or epidemics of infectious diseases, earthquake, cyclones, flood, or any other natural physical disaster and/or acts of God.

8.5 Any links or references to other Internet sites (hyperlinks) contained on the Website are provided by us merely as a convenience to Website users and we are not responsible for the content or operation of any such linked Internet sites. Any hyperlinks to such linked Internet sites should in no way be construed as an endorsement, representation or promotion by us as to the content, representation, accuracy, Products or Services found or otherwise described in such linked Internet sites. Use of those linked Internet sites or hyperlinks is made at your own risk and cost.

8.6 You agree that you will not assign, transfer, or sub-contract any of your rights or obligations under these Terms or any related order for Products to any third party, unless first agreed upon in writing by us.

8.7 We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any of our rights or obligations under these Terms or any related contract, to any third party.

8.8 If any part of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other Terms shall not be affected.

8.9 These Terms do not create or confer any rights or benefits enforceable by any person other than you or us, except a person who is a permitted successor or assignee, named as such under Section 8.6 or Section 8.7.

8.10 No delay or failure on our part to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, in order to be effective, must be in writing and signed by an authorized representative of MNSS.

8.11 These Terms including the documents or other sources referred to in these Terms supersede all prior representations, understandings and agreements between you and us relating to the use of the Website (including the use of Services and/or the order of Products) and set forth the entire agreement and understanding between you and us for your use of the Website.

8.12 When you visit the Website or send e-mail to us, you are communicating with us electronically. You consent to your receiving communications from us electronically. We may communicate with you by e-mail or by posting notices on the Website, as we see fit. You agree that all agreements, notices, disclosures, and other communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.

9. CONTACT US

If you have any comments or queries in connection with our Terms and/or our Privacy Policy, you can contact us by clicking on the Contact Us tab or invited to call our dedicated Contact number: 1803803 (Lexus) 1830030 (Lexus) 

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