CUSTOMER TERMS
This Customer Term sets out the terms and conditions on which the Products are sold to the Customers through the WiBi.com.kw and Physical Stores that is owned and/or operated by WiBi. These Customer Terms, together with the Site Terms of Use, the Privacy Notice and the Cookie Notice, and any additional terms as decided, updated, or amended by WiBi from time to time, form the Agreement of Sale to the Customer.
Capitalized terms used in the Agreement have the meanings given to them in the Definition Section of this Customer Terms. If there is any conflict between the documents forming the Agreement, the prevalence shall be for this Customer Terms, the Site Terms of Use, the Privacy Notice, and then the Cookie Policy.
1. TERMS OF AGREEMENT
1.1 By submitting an Order through WiBi.com.kw or through its physical stores, the Customer agrees to be bound by the Agreement. It is strongly advisable, and it is the Customer’s sole responsibility, to read the Agreement before submitting any Order on WiBi.com.kw or through its physical stores. In addition, WiBi reserves the right to change the terms of the Agreement at any time.
1.2 The Products made available through the WiBi.com.kw or its physical stores sold by WiBi, it is the Customer’s responsibility to check different terms before submitting an Order for such Products.
2. PRICES AND ORDERS
2.1 The Customer agrees to pay the full amount or in 4 instalments to third party payment service provider for the Product as indicated in the Product Description at the time of the Order receipt on WiBi.com.kw or physical stores operated by WiBi, in addition to any shipping charges or other charges that may be applicable to the Order. While WiBi aims for all prices of the Products to be accurate at all times, it is possible that errors may occur.
If an error in the price of Products was discovered, WiBi will at its sole discretion either:
A. inform the Customer as soon as possible and give the Customer the option of reconfirming its Order at the correct price or cancelling such Order or
B. cancel the Order and process the refund in case the payment was already made by the Customer. The Customer acknowledges that this is the sole recourse that the Customer is entitled to in case of a pricing error.
2.2 All prices are shown in Kuwaiti Dinar and exclude taxes (if applicable), and shipping charges, unless expressly stated otherwise in the Agreement.
2.3 Once the Order is successfully submitted and accepted on the WiBi.com.kw, the Customer will receive an Order confirmation via email with the Order details. The Customer acknowledges that WiBi may not retain all Order details, therefore, it is advisable for the Customer to retain the Order details and the email confirmation for its record.
2.4 The risk of loss and damage of the Products shall pass to the Customer upon the first attempt of delivery of the Products to the Customer’s address as specified in the Order. The title of the Products shall remain with WiBi (as the case may be) until the payment of the Product is made and received in full. WiBi reserves the right to cancel any Order at any time before dispatching the Order.
2.5 Due to any error or non-availability of the product, WiBi reserves the right to cancel the order and process a full refund for paid orders, without any liability to fulfil the order in both cases of already paid orders or non-paid orders.
3. PAYMENT
3.1 The WiBi.com.kw offers several types of payment, such as via KNET, Apple Pay, Cash on Delivery, Credit Card, Myfatoorah 4 instalment payment services such as Tabby, Deema, Taly, which may vary as per WiBi’s sole discretion. The applicable type of payment for an Order will appear at the last stage before submitting the Order.
3.2 In case of payment via card, whether at the time of ordering or delivery, by placing an Order, the Customer authorizes WiBi or its third-party payment processor to process and validate the card details for the Order. To ensure that the card is not being used without the Customer’s consent and to validate the card and the Customer’s details, the WiBi.com.kw will direct the Customer to the payment gateway page that will ask the Customer to enter its card details as required by the payment gateway operator. Furthermore, the payment gateway operator may validate the card details along with other information provided by the Customer against the payment gateway operator databases.
3.3 Responsibility to validate the Customer and its card information, and to rightfully authorize the transaction deducting payments from the card lies with the respective payment gateway operator and /or the issuer bank of the card and as per their terms and conditions. WiBi is not liable for any losses or damages occurring out of fraudulent transactions happening due to attacks or breaches on any payment gateway operator, attacks, or breaches on issuer banks, or due to Customer’s card details, PIN verification details, password verification details, or any other details authorizing purchase on the payment gateway being acquired by persons of malicious intent or persons who may not be the rightful owners of the card.
3.4 WiBi reserves the right, at its sole discretion, to refuse, cancel, or not fulfill any Order that it deems suspicious, unsatisfactory, or high-risk, including but not limited to Orders placed using installment payment services such as Deema, Tabby, Taly, or any similar providers.
In such cases, WiBi may cancel the Order and process a full refund, if applicable, without any obligation to fulfill the Order.
4. PRE-ORDERS
4.1 WiBi at its sole discretion, prior to the launch of a new product, allow the pre-Ordering by the Accounts’ owners for such new Product in advance. Payment for the pre-Ordered Product must be made in full while pre-Ordering.
4.2 In addition to this Customer Terms, the pre-Order may be subject to additional terms, and in case of any inconsistency between this Customer Terms and the additional terms, the latter shall prevail unless decided otherwise by WiBi.
4.3 The official launch date for the pre-Ordered Product will appear on the Product Description and may be also published on the WiBi.com.kw. Standard delivery timelines will commence as soon as the pre-Ordered Product is available.
4.4 Active online discount promotions running during a period that is prior to the release date of the pre-Order are inapplicable on the pre-Ordered Product. Online discount promotions will not be applied on pre-Orders of which the release date of the pre-Order does not coincide with the promotion.
4.5 WiBi reserves the right to change the release date as it deems fit without any liability toward the Customers. Furthermore, WiBi reserves the right to cancel all pre-Orders without any liability to the Customers except for the refund of their payment as per WiBi’s refund terms.
5. DISCOUNT COUPONS AND GENERAL PROMOTIONS
5.1 From time to time and as part of WiBi promotional activities, WiBi may, at its sole discretion, issue discount coupons to Customers that hold Accounts on the WiBi.com.kw, which can be redeemed solely by the Account owner, or apply a discount or promotional sales for certain or all Products. The discount coupons and the discount or promotional sales may have additional terms to be applicable aside from the one stated in this Customer Terms; and in case of any inconsistency between this Customer Terms and the additional terms, the latter shall prevail unless decided otherwise by WiBi.
5.2 Unless otherwise stated in writing, the discount coupons are redeemable only for the Products sold by WiBi on the WiBi.com.kw. Furthermore, the discount coupons are valid during the promotional periods for which they are issued as indicated in their terms.
5.3 Discount coupons cannot be partially used, used twice, or exchanged for shopping credit. Only one Discount coupon can be used.
5.4 WiBi reserves the right to suspend, stop or exclude without any advance notice, the use of one or all discount coupons on special promotions that it offers on the WiBi.com.kw from time to time.
6. WARRANTY TERMS AND CONDITIONS
6.1 All products are covered by the respective brand warranty and WiBi is not liable for warranty claims, any warranty claims, repairs, and replacements after 14 days of purchase are the sole liability, responsibility, and discretion of the brand service centre or authorised service centre of the brands.
The below terms apply to the warranties of all Products sold by WiBi:
A. No warranty covers the repairs caused by negligence, abuse, misuse, improper installation, breakage, and spillage of liquids, and other repairs arranged outside the authorized service centre of the Product’s brand.
B. No warranty covers the content, game software, ink, and toys.
C. No warranty covers the loss of any personal data saved on the Product, whether during any check-up or repair or otherwise.
6.2 The Customer acknowledges and agrees that any repair of Products done after the lapse of the warranty period will be charged.
6.3 All Products for which WiBi is the distributor or the agent and that are sold by WiBi, can be replaced with new Products if during the manufacturing warranty period, the WiBi service centre is not able to repair them. Such inability should be stated in the WiBi technical report. And in case the same model is not available, the Customer may select another model as provided by WiBi and pay the difference in prices if any.
7. DELIVERY
7.1 WiBi will procure reasonable efforts to contact the Customer prior to the delivery to schedule it. The payment and receipt of the Order should be done by the Customer that holds the Account.
The Customer shall present valid proof of identity as requested by WiBi’s appointed delivery partner. Acceptable forms of identification include the Kuwait National ID (Civil ID) or Kuwait Mobile ID (Hawaty App) or Passport and Visa Copy incase of visitors of Kuwait.
If the Customer fails to provide the required verification, WiBi reserves the right to refuse delivery and not hand over the Order. In such cases, the Order shall be deemed cancelled, the following steps are taken for quality assurance and to verify the authenticity of the receiver of the order or authority of the representative receiving the orders or collecting from WiBi offline stores.
7.2 In the event of a customer is not at the delivery address as specified in the Order, the Order will be returned to WiBi’s warehouse, and the Customer must contact WiBi customer care to schedule another delivery. In case the Customer does not contact customer care within a reasonable time to be decided by WiBi to reschedule the delivery, the Order will be deemed cancelled.
7.3 The Customer acknowledges and agrees that the exact delivery time depends on the accuracy of the delivery address details that the Customer provides. WiBi will deliver the purchased Products as soon as possible from the time of order confirmation.
7.4 The Customer will have the opportunity to review, change, update or add delivery address details every time it places an order.
7.5 While WiBi will procure reasonable effort to deliver the Orders within the estimated delivery time and preferred time; however, WiBi shall be under no liability for any delay or failure to deliver the Orders within the estimated delivery time or the preferred time.
7.6 Timeline to deliver the Orders and its charges may vary per delivery area, the season, the Products, and the delivery option, which will be determined at the time of the sale.
The below terms are provided for indication only:
If a reschedule is required, please contact WiBi call centre on 1800053 and the Order will be deferred to the regular delivery schedule.
7.7 Order can be delivered only in Kuwait and must be signed upon delivery by the Account owner or its representative who must be an adult aged 21 years or over. The Customer must ensure to give the correct delivery address that will enable prompt and timely delivery to the Customer which should at least include the governorate, block number, street number building number, the contact person name, and the contact person number.
7.8 If there is a change in the delivery address or schedule after the Order confirmation, the Customer must contact WiBi customer service 1800053 and Provide ID Proof for security and safety purposes.
7.9 The Customer will be informed of the status and time of its delivery. WiBi will try to contact the Customer before scheduling delivery to provide information on delivery timings. WiBi will use its reasonable efforts to accommodate the Customer’s preferred delivery timings and dates. However, the Customer acknowledges and agrees such timings and dates are for indicative purposes. The actual time of delivery may vary due to various uncontrollable delays that may occur.
7.10 In case of absence of the Customer, delivery is considered complete, if any family member or home / house cleaner domiciling at the same address of the Customer signs the invoice/delivery note. Products are considered as delivered in good condition upon the acceptance of the delivery note by the Customer or its representative.
7.11 Purchased Products but not requested to be delivered or failed to be delivered due to the absence of the Customer will be sold after the lapse of one (1) month as of the purchase date and in this case, WiBi will refund to the Customer the invoice value after deducting 20% of it.
8. RETURN AND REFUND
8.1 WiBi is committed to providing its customers with excellent quality Products. Nonetheless, there may be occasions when the Customer needs to exchange or return the Products, such return or exchange will only be acceptable if it is done as follows:
A. The Products can be returned or exchanged within fourteen (14) days from their delivery date. The Customer must keep the delivery receipt and copy of the Order, which is accessible via its Account, as proof of purchase in the event of any after-sales queries.
B. The Products to be returned or exchanged must be in their original condition at the delivery time, saleable and merchantable. Therefore, it is the Customer’s sole responsibility to check the Products carefully at the time of delivery before they are unpacked, used, or installed. Unless for a manufacturing defect or non-compliance with the specifications under the Applicable Laws, that was not apparent to the Customer upon delivery, as decided by WiBi at its sole discretion and except if the Customer had been informed of and accepted such defect, WiBi may reject the return or exchange of the Products that are not in their original condition at the delivery time, saleable and merchantable whether due to the Products’ nature or the way they are packaged or wrapped or otherwise.
8.2 All sizes and measurements of the Products are approximate, it may be occasionally possible that the Product specification from the manufacturer may change, or we may have trouble with the supply of certain Products and may therefore supply a substitute of the same or better quality at the same price. If the Customer is not satisfied with the replacement or substitute, it can return or exchange such Products in accordance with the conditions of this Customer Terms.
8.3 WiBi may reject the return or exchange of any Products sold under discount or promotional sales. WiBi reserves the right not to accept the return or exchange of certain Products, even if they comply with the above rules, it is considered sensitive such as digital cards, games, software, CDs, inks, toys, watches, or as per the applicable laws. WiBi may accept to replace such Products in case of manufacturing defects or non-compliance with the specifications under the applicable laws.
8.4 The Customer acknowledges and agrees that the refund will be made through the same method of payment of Order, otherwise, the Customer may be offered the option to receive gift coupons. For card refunds, the refund may take up to 1-5 working days and is subject to the payment gateway operator’s policy.
8.5 Customer acknowledges and agrees that the return or exchange refunds shall not include the paid delivery charges.
8.6 For Gaming furniture’s like tables, chairs, gaming desk or any furniture, once installation and assembly is completed and the product does not have any manufacturing fault or defect, items cannot be refunded, exchanged or returned.
9. PRODUCT DESCRIPTION AND IMAGES
9.1 WiBi makes every reasonable effort to ensure that all Product descriptions, specifications, images, and other content displayed on WiBi.com.kw are accurate, complete, and up to date. However, errors, inaccuracies, or omissions may occasionally occur.
9.2 Product images are provided for illustrative purposes only and may differ from the actual Product received due to manufacturer updates, variations, or display settings.
9.3 In the event of any error or discrepancy in Product information, including but not limited to incorrect descriptions, specifications, pricing, or images, WiBi reserves the right, at its sole discretion, to:
a) correct or update the Product information.
b) modify the Order; or
c) cancel the Order and process a full refund if payment has already been made.
9.4 The Customer acknowledges and agrees that WiBi shall not be obligated to fulfill or deliver any Product based on incorrect or misleading information, including but not limited to errors in images, descriptions, or specifications displayed on the website.
10. DISCLAIMER, INDEMNITY AND LIABILITY
10.1 To the fullest extent permitted by law, WiBi disclaims and excludes all warranties and representations, express, implied, or statutory, with respect to the WiBi.com.kw, the products, the delivery, and installation services, or with respect to the accuracy, currency, or completeness of the information provided by WiBi, including the implied warranties of merchantability, trademark or other intellectual property right. The customer expressly agrees that its use of the WiBi.com.kw and the purchase of the products are at its sole risk.
10.2 The Customer shall defend, indemnify and hold harmless WiBi, its service providers and the Sellers and their officers, employees and agents from and against any and all liabilities, costs, damages, injuries, claims, suits, judgments, causes of action and expenses (including without limitation attorneys’ fees, court costs and out-of-pocket expenses) suffered or incurred by any of them, including without limitation third parties’ claims, as a result of any harm or damage caused or result from the Customer’s misuse of the WiBi.com.kw or the Account.
10.3 In no event WiBi shall be liable to the Customer for any incidental, indirect, consequential, punitive, or special damages or loss of revenue or profits or any other claim (whether caused by negligence of service, its agents, or authorized dealers or otherwise) or any contingent or resulting liability including such arising out of or in connection with any failed or defective parts. WiBi’s aggregate liability arising from or in connection with all claims under the Agreement shall not exceed, at any point of time, the Product value giving rise to the claim.
11. GENERAL PROVISIONS
11.1 The Customer acknowledges and agrees not to resell or export any purchased Products to any embargoed country or person pursuant. The Customer acknowledges and agrees that Products purchased from the WiBi.com.kw shall not be used for activities related to designing, developing, producing, or usage of nuclear weapons or weapons of mass destruction. The Customer agrees not to sell, lease, or otherwise transfer Product(s) to end-users engaged in these activities and shall be liable for any such activity. WiBi assumes no liability whatsoever nor provides any warranty support or service in respect of a Product that has been exported/ used in violation of this provision.
11.2 WiBi may change, at its sole discretion, at any point of time the terms of the Agreement. No Waiver of any term or condition or of any breach of the Agreement shall be deemed a continuing waiver or a waiver of any other term or condition or of any later breach of the Agreement. All rights and remedies, whether conferred by the Agreement, by any other instrument or by law, shall be cumulative, and may be exercised singularly or concurrently.
11.3 The Customer may not assign the Agreement or any of its rights or obligations without the prior written consent of WiBi. WiBi may assign or delegate any third party as it deems fit. Furthermore, WiBi may assign the Agreement, partially or entirely, to any third party.
11.4 The Agreement shall be governed by and construed in accordance with the laws of the State of Kuwait. All disputes arising hereunder or in connection herewith shall be resolved amicably by discussion between the Parties, failing which the Parties shall submit the matter in dispute to be finally and exclusively settled by the competent courts of the State of Kuwait.
The Customer agrees and undertakes that it shall not use WiBi.com.kw, or purchase any Products or services from WiBi, for any unlawful purposes, including but not limited to money laundering, fraudulent activities, or any acts that are in violation of the laws and regulations of the State of Kuwait.
The Customer further agrees not to use the Products or services purchased from WiBi for any activities that are prohibited under applicable laws, including but not limited to anti-national activities, illegal trade, or misuse of Products.
The Customer acknowledges and agrees that all purchases made on WiBi.com.kw are for personal use only, unless the Customer holds the necessary licenses, trade permits, or legal authorizations required under the laws of the State of Kuwait to conduct resale, business, or financial trading activities.
WiBi reserves the right to cancel any Order, refuse service, or take appropriate action if it suspects that a customer is engaging in any activity in violation of this clause or applicable laws.
11.5 The defined terms used in the Agreement shall have the meaning set forth in this Section:
A) “Account” means the Customer account on the WiBi.com.kw.
B) “Affiliate” means, with respect to any person or entity, any other person or entity who, directly or indirectly, through one or more intermediaries, Controls, is Controlled by or is under common Control with such person or entity.
C) “Agreement” means this Customer Terms, the Site Terms of Use, the Privacy Notice and the Cookie Policy and any terms and policies incorporated by reference or otherwise thereunder.
D) “WiBi” means the group of companies composes of WiBi and all its Affiliates under WiBi Industries.
E) “Applicable Law” Means, any law, statute, treaty, rule, regulation, regulatory or legislative requirement, ordinance, license, restriction, judicial or administrative order, code, common law, or other pronouncement (including the ones for personal data privacy and protection) having the effect of law of the State of Kuwait.
F) “Control” including the terms “controlling", "controlled by” and "under common control with” means the possession, directly or indirectly, of more than 50% of the power to direct or cause the direction of the management and policies of a person or entity, whether through the ownership of voting securities, as trustee or executor or as general partner, by contract or otherwise, including the ownership, directly or indirectly, of securities having the power to elect a majority of the board of directors or similar body governing the affairs of such person or entity;
G) “Cookie Notice” means the set of terms and conditions that regulates the cookie use on the WiBi.com.kw.
H) “Customer” means the buyer of the Products sold on the WiBi.com.kw.
I) “Customer Terms” means the terms and conditions contained in this document.
J) “WiBi.com.kw” means the online e-commerce platform made available by WiBi, the primary home page of which is identified by the URL wibi.com.kw and any mobile device application or desktop application, developed by WiBi or on its behalf, and any successor or replacement of such.
K) “Order” means an order placed by a Customer on WiBi.com.kw to purchase a Product.
L) “Privacy Notice” means the set of terms and conditions that regulates the data privacy on the WiBi.com.kw, available on wibi.com.kw
M) “Product” means the product displayed and sold by WiBi or a Seller on the WiBi.com.kw
N) “Product Description” means the information related to a Product as displayed and sold on the WiBi.com.kw.
O) “Site Terms of Use” means the set of terms and conditions that regulates the Site’s usage.
Q) “Trade-in” means the trade-in option that may be provided by WiBi which is to be concluded at certain WiBi’s showrooms and subject to additional terms and conditions.
R) “WiBi” means WiBi International for the sales of computer and accessories.
