Terms and Conditions

 

  1. 1.     INTRODUCTION

 

UNITED YOUSEF M. NAGHI CO. LTD (Naghi, we, our, or us), a corporation registered in the Kingdom of Saudi Arabia, welcome you to shop.lg.com/sa and shop.lg.com/sa_en (as relevant, collectively or individually Website), which we provide to you, the end-user, to enable you to browse and/or order products (Products). 

You acknowledge that your use of the Website, including any transactions you make, is subject to our terms and conditions mentioned below (Terms).  Please read these Terms and our Privacy Policy.

Naghi may, in its sole discretion, change the Terms from time to time. By continuing to access and/or use the Website after we post any such changes, you will be deemed to have accepted the Terms as modified. We may change, restrict access to, suspend, or discontinue the Website, at any time.

THE FOLLOWING TERMS APPLY TO YOUR USE OF THE WEBSITE. BEFORE USING OR OTHERWISE CONTINUING TO ACCESS THE WEBSITE, CAREFULLY READ THESE TERMS. THE SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED TO YOU SOLELY FOR YOUR PERSONAL USE AS SET FORTH BELOW. BY ACCESSING THE WEBSITE, REGISTERING AN ACCOUNT OR USING THE SERVICES OFFERED ON THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE WITH ALL OR ANY OF THE TERMS, YOUR SOLE RECOURSE IS TO DISCONTINUE YOUR USE OF THE WEBSITE.

 

  1. 2.     ACCOUNT AND REGISTERED USER

 

To access certain functions of the Website, including the ability to order and purchase Products, you must 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.

If you register and create an Account, you are a Registered User. To be a Registered User, you must be 21 years of age and must provide true and accurate information (including your name, date of birth, e-mail address, credit/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, we may cancel your order.

By registering at and using the Website, 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 solely responsible for maintaining the confidentiality and security of your Account and associated credentials. You must take appropriate steps to keep your information secure by not using an obvious login name and by ensuring that you keep your password confidential and change it regularly. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Naghi of any unauthorized use of your Account or any other breach of security. If you share your ID and password with a third party such as family member, you assume all responsibility for all such party's use and access of the Service under your ID. In no event shall Naghi be responsible for a third party's use and access of the Service under your ID. Naghi is not responsible for any losses arising out of the unauthorized use of your Account. Naghi reserves the right to terminate, disable or exclude any features or your Account if Naghi suspects or becomes aware of any unauthorized or unpermitted use of such Account.

Please note that if you register as a Registered User, we will store certain information that might be considered “personal information” (your name, your phone number, etc.) (collectively, Personal Data) for the purpose of us providing you with the services related to the Website and otherwise communicating with you about such services and about Products.  For us to communicate with you, and for us to process payments you make through the Website, it might be necessary for us to transfer your Personal Data to our affiliates and/or to third-party service providers, either or both of which could be located in countries other than the Kingdom of Saudi Arabia.  By continuing to use the Website, you agree to the things set out above in this paragraph.

 

  1. 3.     ORDER PROCESS

 

As a Registered User, you may order, purchase, and pay for Products through the Website. 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. All orders that you place on the Website will be subject to acceptance in accordance with these Terms.

The “confirmation” stage sets out the final details of the order you have placed. Following that, we will send to you an order acknowledgement e-mail, detailing the Products for which you have placed an order. Such e-mail is not an order confirmation or order acceptance by us.

After acceptance of your order, completion of the contract between you and us will take place on dispatch of the Products ordered to you if you have paid through your card or at the delivery of Products at your address, however subject to our receiving full payment for the Products, unless we have notified you that we do not accept your order or you have cancelled it.

We may not retain details of your order for you to subsequently access on the Website. Therefore, we suggest that you print these Terms and the order acknowledgement for your own records.

 

  1. 4.     PAYMENT

 

We take payment from your credit or debit card (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. 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 where you have already paid for the Products.

Upon you entering your Card details to make a payment for Products, we may validate your name, address, and other personal information provided by you during the order process against appropriate third party databases. By placing an order for Products, you consent to such checks being made. All information provided by you will be treated securely and strictly in accordance with the applicable law.

While we try to ensure that all prices of the Products on the Website are mentioned accurately, it is possible that errors 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 canceling such order. If we are unable to contact you, we will treat the order as cancelled. If you cancel and have already paid for the Products, you will receive a full refund.

Risk of loss or damage and title to any Products you order on the Website shall pass to you on delivery of the Products at the address provided with your confirmed order or on the date of first attempted delivery by us, however subject to us having received full payment for the Products.

All prices are shown in Saudi Riyal (SR) and include taxes (if applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise.

 

  1. 5.     INTELLECTUAL PROPERTY

 

All intellectual property in the Website is owned by Naghi, the manufacturer of the Products, or either of their licensors, which includes materials protected by copyright, trademark, or patent laws and other intellectual property laws and treaties around the world. All trademarks, service marks and trade names used on or in connection with the Website are owned, registered and/or licensed by Naghi or by the manufacturer of the Products. All content, data, information, etc., on the Website (except for User Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, measurements, applications, interactive features, and any and all other content, data information, etc., and all intellectual property rights therein, are the proprietary property of Naghi, the manufacturer of the Products, and/or either of their licensors; all rights reserved.

You acknowledge and agree that the material and content shown on the Website is made available for your personal non-commercial use only and that you may download such material and content only for the purpose of using the Website. You further acknowledge that any other use of the material and content of the Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

The Website may provide the opportunity for Registered Users to post reviews and other comments, questions, suggestions, or other information (“User Content”) on the Website. You warrant that any such User Content submitted by you to the Website is original (and does not infringe the copyright of others), and you hereby grant Naghi a perpetual, irrevocable, non-exclusive, royalty free license to use such User Content so submitted, without any further recourse to you, and you hereby waive all rights in such User Content. You agree that you will not post any content that is contrary to public moral or is defamatory, inflammatory, that infringes copyright, or that may otherwise breach common decency or be contrary to law.

Naghi has the right but not the obligation to monitor and edit or remove any activity or User Content, and takes no responsibility and assumes no liability for any User Content posted by you or content posted by any third party.

 

  1. 6.     INDEMNIFICATION

 

By continuing to use the Website, you agree, to the maximum extent permitted by law, to defend, indemnify and hold Naghi; the manufacturer of the Products; Naghi’s and Product manufacturer’s parent(s), affiliates, and respective directors, officers, employees, and agents harmless from and against any and all claims arising out of your use of the Website.

 

  1. 7.     REPRESENTATION AND WARRANTIES

 

WE USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE ACCESS TO THE WEBSITE ON A CONTINUOUS, HIGH QUALITY BASIS. HOWEVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT ACCESS TO THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND OR NATURE. NAGHI DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE AND WE DO NOT ACCEPT ANY RESPONSIBILITY IF FOR ANY REASON THE WEBSITE OR ANY PART OF IT IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NAGHI EXPRESSLY DISCLAIMS ANY IMPLIED OR STATUTORY TERMS, CONDITIONS, REPRESENTATIONS OR WARRANTIES WHICH MAY APPLY TO THE WEBSITE OR ANY CONTENT ON IT, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. NAGHI MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY SERVICE, THIRD PARTY SOFTWARE OR OPEN SOURCE SOFTWARE.

ALTHOUGH NAGHI TAKES REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS OR OTHER MALICIOUS CODE TO THE WEBSITE, NAGHI DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICE, OR PRODUCTS OR MATERIALS THAT MAY BE MADE AVAILABLE THROUGH THE WEBSITE ARE FREE FROM SUCH DESTRUCTIVE FEATURES. NAGHI IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES OR ARISING DIRECTLY OR INDIRECTLY FROM SUCH FEATURES.

 

  1. 8.     LIMITATION OF LIABILITY

 

NAGHI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE WEBSITE AND ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES EVEN IF NAGHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, FOR ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANYONE ELSE WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHICH IS NOT COVERED BY THE ABOVE PROVISIONS, THE TOTAL LIABILITY OF NAGHI AND OUR SUBSIDIARIES, WHICH REFERS TO COMPANIES AFFILIATED WITH NAGHI BY COMMON OWNERSHIP OR CONTROL, TO YOU IS LIMITED TO ONE HUNDRED US DOLLARS (USD 100).

NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS:

YOUR LEGAL RIGHTS AS A CONSUMER; OR

OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you. If you use the Website, 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 with a Card or other permitted payment method. If you are under 21 years of age you can use the Website only with the permission and involvement of your parent or guardian, subject to applicable law.

Naghi reserves the right to refuse Service, terminate Accounts, remove or edit content, or cancel orders anytime at their sole discretion.

 

  1. 9.     MISCELLANEOUS PROVISIONS

 

We are selling the Products through the Website on the basis that the Products will be used for personal use only.

Naghi 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 its reasonable control. For the avoidance of any doubt, force majeure events shall, without being limited, mean and include events of war, riots, civil war, rebellion, earthquake, cyclones, flood or any other natural physical disaster and/or acts of God.

Any links or references to other Internet sites (hyperlinks) contained on the Website are provided by Naghi merely as a convenience to users of the Website and Naghi is 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 Naghi as to the content, representation, accuracy, products or services found or otherwise described in such linked Internet sites. Use of those linked Internet sites/hyperlinks is done at your own risk and cost.

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 agreed upon in writing by Naghi.  Naghi reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms or any related contract, to any third party.

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.

No delay or failure by Naghi 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 to be effective must be in writing and signed by an authorized representative of Naghi.

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

When you visit the Website or send e-mail to us, you are communicating with us electronically. You consent to receive communication from us electronically. We may communicate with you by e-mail or by posting notices on the Website. 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.

 

  1. 10.  DISCOUNT COUPONS

 

As part of our promotional activities, we may issue discount coupons to our Registered Users from time to time, which can be redeemed by the Registered Users, subject to the following:

- Discount coupons distributed by us, if any, are redeemable only at the Website, unless stated otherwise.

- Discount coupons are valid during the promotional periods for which they are issued.

- Discount coupons are valid from their date of issue until the mentioned expiry date.

- Discount coupons if being used for online ordering, must be used prior to checkout.

- It may be noted that a discount coupon cannot be used twice or partially used or exchanged for shopping credit.

- Only one discount coupon can be used per order/online transaction.

- All discount coupons issued are valid for use in the Kingdom of Saudi Arabia only.

- We reserve the right to exclude without any advance notice, the use of discount coupons on special limited-time promotions that we offer on the Website from time to time.

 

  1. 11.  GENERAL ONLINE PROMOTIONS

 

Online discount sales/promotional sales are applicable towards those Products that are shown as such on the Website, from time to time. Sale of such Products shall be subject to the terms and conditions as shown for those Products on the Website at the time of such sale and also the Terms. In the event of any inconsistency between the terms of such discount sales/promotional sales and the Terms, Naghi reserves the right to interpret and clarify any such inconsistency. Any decision made by Naghi in this regard shall be final and binding.

 

  1. 12.  WARRANTY

 

We recommend that you keep your delivery receipt and copy of your order as proof of purchase in the event of any after-sales queries.

Naghi warrants that Products shall i) conform to the specifications, if any, and ii) be free from defects in design, material and workmanship under normal and proper use in accordance with instructions and directions of Naghi applicable thereto for a period of two (2) years starting the date you purchase the Product.  If the Products fail to perform in accordance with the immediately preceding sentence during the warranty period, Naghi or the warranty service agent(s) designated by Naghi shall repair, replace or refund, at Naghi’s option, the defective Product in question.  Notwithstanding the foregoing, the warranty above shall not apply, i) if the Products have been subjected to misuse, abuse, negligence, improper installation, improper maintenance, improper transportation, accident, alteration or design change by anyone other than Naghi, ii) if the original name and/or serial number and/or identification markings have been defaced, altered or removed, or iii) if the Products have been used in violation of instructions furnished by Naghi.

If, in line with the immediately preceding paragraph, you would like a Product to be repaired, replaced, or refunded, please contact our Customer Service Center.

If you purchase an extended warranty for the Product(s), the terms of the standard warranty will apply.

We are not responsible for loss of any personal data saved on the Product, during any check-up or repair.

 

  1. 13.  DELIVERY

 

Home Delivery Information.  Products are normally delivered 7 to 10 business days after being purchased.  When the Product(s) is delivered to the address you provided, if someone other than you receives the Product(s), it will considered as if you received the Product(s). 

Although we will endeavor to deliver the Product(s) as scheduled, you acknowledge that it might not be feasible for us to do so.  As such, we shall not be liable for delivery delays.

If we are not able to deliver the Product(s) because you are unavailable or because you refuse to accept delivery of the Product(s) on the scheduled delivery date, an SAR 150 redelivery fee will be payable.  Upon us receiving the redelivery fee, delivery will be rescheduled within two (2) working days.

In any case, if we are not able to deliver the Product(s) within (30) days of purchase, we can cancel the purchase and issue you a credit note.

If you requested the delivery without installation and later request installation, an SAR 300 installation charge per product will be payable.

Delivery Address.  Products ordered from the Website can be delivered across Saudi Arabia. All goods must be signed for by an adult aged 21 years or over, on delivery. To enable prompt and timely delivery to you and other customers, it is important that you provide the correct delivery address.  Therefore, do ensure that you accurately provide the following information:

- Governorate
- Block number
- Street number
- Building number
- Contact person
- Contact person mobile number, Contact person landline number

 Change in Delivery Address.  If you would like to change your delivery address after we have issued you with an invoice for a Product(s), please contact our Customer Service Center so that they may advise you.  Please note that due to security concerns, we will not be able to accept a direct phone instruction in relation to the address change.

 Delivery Confirmation. We like to keep you informed of the status and expected time of your delivery. We will try to contact you before scheduling delivery to provide you with information on delivery timings. We will try to accommodate your preferred delivery date and time. However, the actual time of delivery may vary due to circumstances that may be difficult to anticipate.

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LAST UPDATE: FEBRUARY 26, 2020

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