Welcome to Libbsy.com ,the online shopping website (Site) .The Site includes Libbsy.com,mylibbsy.com and Libbsy mobile application. Under this agreement, the payment processing services for goods and/or services purchased on this (Site) are provided by Digital Portals Company (W.L.L) based in Shorouq Towers , Jaber Al Mubarak Street, Office 6 , Kuwait City –KUWAIT with a commercial license number M/5120/2015.We provide its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any Site service ,you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they are incorporated into this Agreement by this reference. Digital Portals Company reserves the right to change this site and these terms and conditions at any time. Accessing, browsing, or otherwise using the site indicates your agreement to all the terms and conditions in this agreement. Please read this agreement carefully before proceeding.
To use the services or features made available to you on this Site, you will need to register. When you register you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address firstname.lastname@example.org. We may also change registration requirements from time to time. The account password you provide should be unique and kept secure, and you must notify us immediately of any breach of security or unauthorized use of your account.
To use the services or features made available to you on this Site, you will need to register. When you register you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail addressAdmin@libbsy.com. We may also change registration requirements from time to time. The account password you provide should be unique and kept secure, and you must notify us immediately of any breach of security or unauthorized use of your account.
Site reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
We accept KNET cards only. Payment will be debited and cleared from your account upon placing your order on Site. You confirm that the KNET card that is being used is yours or that you have been specifically authorized by the owner of the card to use it. All KNET card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Site, we will not be liable for any delay or non-delivery.
To help ensure that your shopping experience is safe, simple and secure Site uses Secure Socket Layer (SSL) technology. Furthermore, we will take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by (Site), and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.
Delivery times appearing on the site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event (Site) is not responsible for any delays caused by destination customs clearance processes.
If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.
You may call our customer service office on 22392202 or send an email to email@example.com
Return and Exchange:
All items must be returned new, unused and with all (Site) and designer or retailer garment, tags still attached. Returns that do not meet our policy will not be accepted and sent back to the customer.
We offer a flexible returns policy to make your online shopping experience even easier. We do monitor the number of returns made by customers, and continued returns will be flagged and potentially refused at our discretion or lead to the closure of your (Site) account.To exercise the right to return and exchange ,you must fill the Return & Exchange form in the (Site) .Your purchase should be sent back to us within the 14 days of receiving your order. Returns outside of this period are not accepted.
For orders cancelled under this agreement, we will issue you with a full refund excluding the delivery cost paid by you. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make reimbursement using the same means of payment as you used for the initial transaction.
You may call our customer service office on 22392202 or send an email to firstname.lastname@example.org
No Commercial Use
Subject to the terms and conditions of this Agreement, Site hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Site in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Site in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Site in advance. Site reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Site believes that customer conduct violates applicable law or is harmful to Site's interests.
Intellectual Property Rights
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the content . All such content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by Digital Portals Co. and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the Site belongs exclusively to Site or its appropriate content suppliers. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the content or otherwise dispose of any of the content in a way not permitted by Site, without Site express prior written consent. The use of data mining, robots, or similar data gathering and extraction tools on Site as well as the use of Site trademarks or service marks in meta-tags is strictly prohibited. You may view and use the content only for your personal information and for shopping and ordering on the site and for no other purpose.
Digital Portals shall not be responsible, obligated, or liable for any injury or damage resulting from an application or use of its products, either singularly or in combination with other products, arising out of acceptance of this order. Our Company shall have no liability for errors in weight or quantity delivered unless claim is made by customer within five (14) days after receipt of shipment and accompanied by original Delivery Note signed by carrier noting that carrier received the goods from us in the condition claimed.
Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide Site, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to Site without charge and Site shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Site and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by Site in the future.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. Site assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify us against any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant Site the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on this site and that use of your reviews, comments, or other content by Site will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Site or third parties as to the origin of any Submissions or content. Site may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
Termination and Effect of Termination
In addition to any other legal or equitable remedies, Site may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we will, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Disclaimer and Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SAME OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY SITE ON AN "AS IS" BASIS. SITE MAKES NO PRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. SITE DOES NOT WARRANT THAT THE CONTENT WILL BE UNITERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO,INDIRECT INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SITE's TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO SITE DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO SITE'S LIABILITY.
While Site strives to provide accurate product and pricing information, pricing or typographical errors may occur. Libbsy.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Site shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, Site may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
These conditions are governed by and construed exclusively under Kuwait law .
You agree that Site's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Site shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Site may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Site shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Site of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.