This website owned and operated by Mustafa Karam & Sons Co. (referred to as “MKS” or “us”, “we” and/or “our”) is provided as a service to its users and is intended to allow its users to browse and/or order products (the “Services”). In consideration of your use of this website and receiving the Services, you acknowledge that your use of this website, including any orders concluded, is subject to our terms and conditions mentioned below as well as any other terms which may apply to any purchases.
We recommend that you read these Terms and Conditions carefully before using this website.
MKS reserves the right to change these Terms and Conditions at any time. Such changes will be deemed to have taken effect when posted on this website, and it is your responsibility to read the Terms and Conditions on each occasion you use this website. By registering an Account or using the Services offered by MSK on this website, you agree to be bound by the Terms and Conditions as they appear on the date of use of the Services.
- In order to access certain functions of the Service, you must register and create an account on this website, secured by a password that is uniquely created by you (the “Account”). Your Account, when created, is personal and exclusive to you, and it is not transferable to any third party.
- If you register and create an Account, you are a “Registered User”. To be a Registered User, you must be above 18 years of age and must provide accurate information, including your name, date of birth and your email address, during Account creation process. We may carry out further checks to verify your details at any time and, if we are unable to verify your details, we may cease providing the Services and may cancel any of your orders and/or your Account. You hereby consent to our checks of the provided details in connection with the Services and authorize us to approach third parties for the purpose of such verification.
- You warrant that the information provided by you is true and accurate, and you undertake to ensure that such information is kept updated. As a Registered User, you are responsible for maintaining the confidentiality of your Account and accept responsibility for all activities that occur under your Account. In the event that you have any concerns regarding your Account, you must inform us immediately in accordance with Section 10 (Contact Us).
- By creating an Account, you agree that MKS has the right to use your information for legitimate purposes (including for purchase and delivery of products, for personalization, compliance with legal obligations, for marketing / promotional purposes, to track your purchases and to communicate with you). You can choose not to provide certain information, but then you might not be able to take advantage of our website and services.
- We automatically collect and store certain types of information about you and your use of this website (including information about your purchases and interaction with products, content, and services available through our website). We use “cookies” and other unique identifiers, and we obtain certain types of information when you access our website. You further agree that MKS may utilize cloud storage in relation to your information and that MKS may transfer your data/information to an affiliate or to a third party processor whether located inside Kuwait or abroad for the purpose of giving effect to the terms herein. MKS may employ other companies and individuals to perform functions on our behalf such as fulfilling orders for products or services, delivering packages, sending postal mail and email, analyzing data, providing search results, processing payments, transmitting content, and providing customer service. These third-party service providers have access to personal information needed to perform their functions, but may not use it for other purposes.
- As a Registered User, you may order and purchase products on this website. You agree to pay the full amount for your products as indicated during the ordering process, including shipping costs and other charges that may be applicable. Actual products may vary in appearance from the images posted on the website. Any order placed on this website will be subject to acceptance by MKS and subject to these Terms and Conditions.
- Your order shall be deemed an offer by you, which is accepted by MKS through its confirmation applying these Terms and Conditions. The contract for sale of the products shall be formed only upon MKS confirming your order. Delivery of the products shall be conditional on receiving full payment and in the absence of full payment, the order may be cancelled unilaterally by MKS with refund of the amount paid or may be delivered forming a payment obligation by you for any balance due in relation to your order.
- Not all products listed on the website are available, and products are supplied subject to availability. In the event that we are unable to supply the products, we will inform you as soon as possible and a full refund will be given by the same payment method you have chosen. Obtainment of a refund shall be your sole recourse in case delivery of your order is unable to be completed, even where a confirmation has been issued.
- Errors may occur during the order process, or in transmitting the order information to MKS. Any such errors, save arising by the intentional fault of MKS, shall not incur any liability upon MKS other than the refund of payments received that are not connected to the order (e.g. by an order not being confirmed, by duplication of payment, etc.). Without any admission of responsibility, MKS shall endeavor, in good faith, to resolving such errors. MKS shall have full discretion to determine the appropriate resolution in such cases including recognition or rejection of the order, providing a refund, completion of the order, or corresponding for the amendment of the order.
- Credit or debit cards used for placing orders on this website are limited to those issued in Kuwait by a duly licensed issuer; international cards are not accepted.
- MKS is not liable for any losses or damage occurring due to the Registered User’s payment though any payment gateway. Including by the negligence or any person or the intentional misconduct of any third party.
- The price you pay for any product ordered is the price displayed on this website at the time we receive your order. MKS reserves the right to change the price displayed at any time without prior notice. While we try to ensure that all prices of the products on this website are mentioned accurately, typographical errors relating to the price or other details may occur. If we discover an error in the price of products 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, we will treat the order as cancelled. If the order is cancelled and you have already made payment, you will receive a full refund by the same payment method you used for purchasing the products. Obtainment of a refund shall be your sole recourse in case your order is cancelled for any reason including the foregoing.
- All prices are shown in Kuwaiti Dinar (KD) and include taxes (if applicable). For the avoidance of doubt, upon introduction or amendment to any value added taxation (VAT) regime, orders preceding the date of introduction but delivered after the date of change to the VAT shall be subject to VAT in accordance with the VAT regime and may require additional payment for completion. We will give you the option to re-confirm your order subject to the new price (which includes VAT) or to cancel your order.
- You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials available on this website shall remain at all times vested in MKS. Use of this website does not authorize your use of any material or content on this website, unless with our prior written authorization.
- All product names, trade names, and logos associated with the website are owned by or duly licensed to MKS, unless otherwise noted. Use of this website does not authorize your use of any of these marks, unless with our prior written consent.
- You acknowledge and agree that the material or content shown on this Website is made available for your personal, non-commercial use only, and that you may download such material only for the purpose of using this website. Any non-personal use of the material or content of this website is strictly prohibited, and you agree not to copy, reproduce, publish, display, or commercially exploit such material or content.
- This website may provide the opportunity for Registered Users to post reviews and other comments. You agree that you will not post any content that is contrary to public morals, is defamatory or which in any way infringes copyright or that may otherwise breach common decency.
- MKS has the right to monitor and remove any comments, activity or other user content in its discretion. No monitoring or removal shall act to limit the safe harbor of MKS in relation to content published by you or others on the website and MKS shall have no responsibility for any such content posted by you or by any third party.
- MKS does not warrant that this website will be uninterrupted or free from errors. There may be delay, omissions, and interruption while using this website.
- Although MKS takes reasonable steps to prevent the introduction of viruses or other malicious code to this website, MKS does not warrant that this website is free from such destructive features. MKS is not liable for any damages or harm attributable to such features.
- In no event shall MKS be liable to you for any direct or indirect losses or damage whatsoever, including, but not limited to, loss of programs or other data on your information system.
- This website, including the content, information and links contained therein is provided without any warranty that it will be uninterrupted or error free. You agree that your use of this website is at your sole risk.
- You are responsible for maintaining the confidentiality of your Account and its password and for restricting access to your computer. All activities that occur under your Account or password shall be considered by MKS as your activities and MKS shall have no responsibility to indemnify you in relation to access of your Account by any third party.
- MKS reserves the right to refuse Service, terminate Accounts, or cancel orders anytime at our sole discretion.
- By using this website, you agree, to the fullest extent permitted by law, to indemnify and hold MKS harmless in respect of any claim arising from your use of this website contrary to these Terms and Conditions.
- Use of this website for purchase shall accord with the following process in order for your order to be transmitted to allow for our acceptance: Once you identify a product you would like to purchase on this website, you must allocate same to your “Shopping Cart” and complete the “Checkout” process involving reconfirmation of the items and payment. During Checkout, you may elect for delivery or delivery with installation (at an additional cost). Free home delivery may be provided based upon a minimum order value, which MKS may change from time to time. The current threshold for free home delivery is KD50. For Purchases falling below that the aforementioned free delivery threshold, a KD5 Delivery Charge will apply.
- MKS endeavors to deliver products within 7 working days after the purchase is confirmed and paid. Delivery timings are scheduled between 9am and 4pm. We will contact you before arranging delivery. While we may accept your stated preferred time for delivery, we are not bound by that time and same will only be used as an indication; we reserve the right to deliver at any time within the scheduled window and, in case of unforeseen circumstances, outside of normal delivery timings.
- MKS makes every effort to deliver your products within estimated delivery time, however, occasional delays are possible due to unforeseen circumstances. MKS shall be under no liability for any delay or failure to deliver the products within the estimated delivery time.
- Items requiring installation can be sent to our Service Center, upon confirming your payment and completing your Purchase. Our Customer Relation Officer will contact you to book your appointment for Installation during working hours.
- Products ordered from this website can be delivered only in Kuwait and will be delivered to the address provided in your Account (as may be updated from time to time). You must ensure that the correct delivery address is provided when registering your Account and updating same.
- If there is a change in the delivery address after completing the Purchase, you may notify us in accordance with Section 10 (Contact Us).
- In case of absence of the Registered User, MKS reserves the right to deliver the products to any person habitually resident (in case of residence) or working (in case of a commercial address) at the delivery address subject to obtaining signature on a delivery note. Upon receiving such signature, delivery is considered completed and the Registered User shall have no recourse in respect of an allegation of non-delivery.
- Products which are accepted for delivery are thereby confirmed as delivered in a good condition by virtue of the signed delivery note by you or any person receiving same in line with the above.
- Products purchased on the website can be returned or exchanged within fourteen (14) days from the date of delivery, subject to the conditions of this Section 8
- In all events, installed items will not be accepted to be returned or exchanged.
- Subject to that noted elsewhere herein, MKS accepts return of the products purchased by you or replace them, provided that they are in saleable condition. If the purchased products, are rendered incapable of offer for sale as new products to the general public, MKS reserves the right to reject their return or replacement.
- If you wish to return or exchange purchased Products, you are responsible to bring such products to MKS Spare Parts Department, whose location may be obtained by contacting us in accordance with Section 10 (Contact Us). When returned, we reserve the right to inspect the product and determine if the products are eligible for return or exchange as outlined in the conditions set forth in these Terms and Conditions. We reserve sole discretion to conclude whether those conditions are met.
- Refunds shall be completed in the same payment method as used for the purchase, and such refunds may require up to 4-6 weeks for processing. Any bank charges incurred in relation to refunds shall be borne by you.
- Any product purchased hereunder shall when sold be free from defects in material and workmanship; conform to the relevant manufacturer’s published and approved specifications and designs and all relevant laws and regulations of the State of Kuwait; and will be new and unused. MKS GIVES NO WARRANTY, WHETHER WRITTEN, VERBAL, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY BEYOND ITS EXPRESS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS.
- Notwithstanding anything else herein, MKS shall not be liable for any losses where the defect relates to a failure to follow MKS’s oral or written instructions or that of the manufacturer of the product; and/or where the defect relates to fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions after the initial sale.
- Your use of this website and performance of the Services and application of these Terms and Conditions to the contract for sale of products shall be governed by the laws of Kuwait. Any dispute between you and MKS shall be subject to resolution exclusively in the courts of Kuwait.
- MKS shall not be under no liability whatsoever (including any liability or claims for damages) for any delay or failure to deliver products, if the same was caused by events of Force Majeure and/or caused, whether directly or indirectly, by circumstances beyond its control.
- You agree that you will not assign, transfer, or sub-contract any of your rights or obligations under these Terms and Conditions or the contract for purchase of products to any third party, unless agreed upon in writing by MKS.
Contact Us
If you have any comments or queries in connection with our Terms and/or Privacy Policy, you can Call Us 1803003.