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INTRODUCTION
1.1 This Website is developed and maintained by G Forces, herein referred to as the “Website Provider” on behalf of Al Mulla Automobiles for Buying and Selling Cars Co. S.P.C., the Authorized General Distributors of Mercedes-Benz Products in Kuwait. For the purposes of these terms (“General Distributor”“Us”“We” and “Our”) individually and collectively refer to Al Mulla Automobiles for Buying and Selling Cars Co. S.P.C. and its branches and divisions. You, as the user of our Website (“Customer” “you” “your” and “yourself”) means any prospective or actual customer(s) of any category, but not limited to, individuals, firms, proprietorships or companies who are interested in the reservation or purchase of Mercedes-Benz products online can use our Website for your own personal non-commercial use.
1.2 This Website is provided as a service to you (the “Service”) and is intended to allow its users to browse and/or order Mercedes-Benz products and other goods or services (the “Products”). As a user of this Website you acknowledge that your use of this Website for any reason, including any transactions you make ("use” or “using") is subject to our terms and conditions mentioned below, which without being limited, include other important hyper-linked sections like the Privacy Policy and Cookie Policy (collectively the “Terms”).
1.3 The terms below govern your use of this website https://www.mercedes-benz-mena.com/kuwait/en/ and payment for reservation or purchase of products and by accessing this Website you agree to be bound by them. Access to this Website is subject to the terms and conditions of use outlined below. If you do not accept these terms, please do not use or access the Website. We strongly recommend that you:
- Read these Terms carefully before using our Website.
- Print a copy for future reference.
- Also read our Privacy Policy, Cookie Policy and Data Protection Policy section regarding your Personal Information.
1.4 We may change these terms at any time without notice by updating the terms shown on this Website. It is your responsibility to review the Website terms each time you enter the Website to ensure you are aware of our latest terms and conditions. Your use of this Website after a change has been made signifies your acceptance of the revised terms.
USING OUR WEBSITE
2.1 Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service without notice. You are responsible for making all arrangements necessary to access this Website. You are also responsible for ensuring that all persons accessing our Website through your internet connection are aware of these terms.
2.2 You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Website except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity.
2.3 To use this Website, you must be 18 years of age and must provide true and accurate information (including your name, date of birth, e-mail address, mobile number and other details) as requested during the Account creation process. 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 18 years, we may cancel your order. Do not use this Website if you are under 18 or if you cannot enter into binding contracts.
2.4 By registering at and using https://www.mercedes-benz-mena.com/kuwait/en/, 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 under your Account. In the event that you have any concerns regarding your Account or become aware of any misuse then you must inform us immediately (see Contact Us for more information and contact details).
RISK AND LIABILITY
3.1 You acknowledge that we cannot guarantee that our Website will:
(a) stay the same as we might change or remove it or make access to it subject to registration or charges;
(b) be compatible with all or any hardware or software which you may use;
(c) be available all the time or at any specific time;
(d) be accurate and up to date; or
(e) be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.
3.2 You also acknowledge that:
(a) we cannot guarantee the speed or security of the Website; and
(b) we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Website to the fullest extent permissible by law.
(c) by providing a review you agree to be solely responsible for the content of all information you contribute. You also grant us a right to use any content you provide for our own purposes including republication in any form or media. Comments may be moderated and may not be displayed immediately but we do not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts, please contact us here.
(d) we reserve the right in our sole discretion not to publish or to remove any comment including those that we believe may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This Website is available to the public and therefore information you consider confidential should not be posted to this Website.
PRODUCTS AND PRICES
4.1 Mercedes-Benz is striving constantly to improve its products. Some of the product information, illustrations and images displayed on our website may have been prepared for generic use on Mercedes-Benz websites maintained worldwide and may not be applicable and/or available to Customers in Kuwait. Accordingly, all information on this site, including but not limited to price, specifications and features of all products are subject to change without prior notice or announcement and reserve this right to change the product information displayed on this website at our sole discretion.
4.2 Please contact Al Mulla Automobiles for Buying and Selling Cars Co. S.P.C., if you are a fleet customer for the most up to date information, further advice or guidance before taking any action based on the information contained on or generated by our Website.
4.3 We are not responsible for any loss or damage arising from your reliance on any information available on our Website to the fullest extent permissible by law.
4.4 Because of the nature of technology, the colours shown on the site may not match the actual colours.
4.5 Prices on the Website are displayed in KD and include taxes, if any. Any prices shown online in respect of Mercedes-Benz products are “Vehicle” prices only and may be subject to additional charges including, but not limited to, on account of add-on insurance, accessories, merchandise, change in specifications, handling or logistics charges, local taxes or other charges levied by Government or Municipal Authorities which will be charged at the time of final invoicing as applicable.
4.6 Where you purchase using a payment card denominated in a different currency to KD, the payment will be subject to the currency exchange rate applied by your card issuer at the time your payment is completed.
4.7 All vehicle or products displayed on the Website, constitute an "invitation to offer". You agree to pay the full amount payable for the vehicle or products as indicated during the Order process, including any charges incurred with that Order.
4.8 Although we make every effort to ensure prices displayed on our Website and in our communications are correct, errors may occur.
4.9 If an error occurs after you have placed your Order whether it was processed or not, we have the right at our sole discretion to refuse or cancel any Orders placed for that vehicle.
4.10 We currently accept only payments through K-NET for deposits on our Website. Payment will be taken at the time you place your Order. By entering payment details onto our Website, you warrant that you are duly authorized to pay using those details. We reserve the right to decline orders without liability to you where we believe payments are not authorized, the payment method is not valid or where we do not think you are authorized to use or utilize the relevant payment type. For any assistance or queries on your online payments, kindly get in touch by contacting us on the number provided below.
REQUESTING A TEST DRIVE
5.1 You may use our Website to contact us to arrange to test drive a particular model of Mercedes-Benz vehicle(s).
5.2 We cannot guarantee that every model of interest to you will be available to test drive at our facility.
5.3 Please note that to qualify to test drive any Mercedes-Benz model additional terms and conditions will apply. These are available upon request from Al Mulla Automobiles for Buying and Selling Cars Co. S.P.C.
5.4 Our dealerships reserve the right to refuse a test drive to any applicant without reasons or notice being required and we and our dealers will not be liable for any resulting loss or damage to the fullest extent permissible by law.
INTELLECTUAL PROPERTY
6.1 Our Website and all information, images, photographs and other content displayed on the Website (“Material(s)”) are protected by certain rights. These rights include all patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property rights, in each case whether registered or unregistered (“Rights”). These Rights either belong directly to Mercedes-Benz or are licensed to us from their respective owners or licensors.
6.2 You may not copy anything on the site without Mercedes-Benz's permission. You are granted the right only to view the site and print material from it. You can only do this for your personal, non-commercial use and / or for you to make informed decisions about Mercedes-Benz’s products. You must not:
(a) copy, publish or modify anything on the site or re-sell any of the information that you have viewed or printed from it;
(b) remove any copyright or other proprietary notices contained in the Materials;
(c) use any Materials from our Website in any manner that may infringe any of our Rights or the Rights of a third party; or
(d) reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit our Website and/or the Materials in any way, including for any commercial purpose, without our prior written consent.
6.3 Any use of the Website or the Materials in a manner not expressly permitted by these terms may constitute an infringement of our Rights or the Rights of our Licensors. We and our Licensors reserve the right to exercise all rights and remedies available in respect of any infringement of Rights in the Website or the Materials accessible on it.
TRADEMARKS
7.1 We reserve all Rights in and to the https://www.mercedes-benz-mena.com/kuwait/domain name and all related domains and sub-domains, the name “Mercedes-Benz”, our logo and our service marks, brand names, trading names and/or trademarks appearing on the Website. Other trademarks, products and company names mentioned on the Website may be the trademarks of their respective owners or licensors and the Rights in such marks are reserved to their respective owners or licensors.
7.2 Nothing in these terms should be construed as granting any license or right to use any such trademark or domain name.
THIRD PARTY CONTENT
8.1 Our Website and/or the Materials may contain links to sites of affiliated and non-affiliated companies.
8.2 Mercedes-Benz does not edit or control such sites. Links to such sites shall, in no event, constitute an endorsement by or an association between Mercedes-Benz and such sites and Mercedes-Benz shall not be responsible for any content, products, services, advertising, accuracy, opinions or other matter presented on such sites. Access to, and use of, any affiliated or non-affiliated sites is subject to their own Terms of Use and privacy policies, and if you decide to visit any third party site you do so at your own risk.
ACCESS FROM OUTSIDE Kuwait
9.1 The vehicle and product specifications on this Website are, unless stated otherwise, for the Kuwait market only. These specifications (including optional and standard equipment) may vary in other markets.
9.2 The information and other materials contained in this Website may not comply with the laws in countries outside the Kuwait.
9.3 We are authorized to operate individual dealership only within the specific market of Kuwait. In the event of any changes in the Customer’s contact details or if the Customer chooses another country for vehicle registration or physical use which is beyond the authorized territory applicable to the Al Mulla Automobiles for Buying and Selling Cars Co. S.P.C. dealership, the Customer is advised to purchase the relevant Mercedes-Benz product from an authorized dealer who is authorized to deal, sell and market Mercedes-Benz products in the final place of registration or location of use. Any change in a vehicle’s “on the road price” or offer due to a change of location or country of usage shall be deemed binding and acceptable to the Customer.
LINKING TO OUR WEBSITE
10.1 You may link to any page of our Website, for non-commercial purposes provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it.
10.2 You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove, obscure or modify in anyway any advertisements, copyright notice, or other information on our Website. Our Website must not be framed on any other site.
10.3 If you would like to link to our Website for commercial purposes or any purpose not included above, please contact us using the details below. We reserve the right to withdraw linking permission at any time and without notice.
ENQUIRIES AND COMPLAINTS
11.1 If you have an enquiry or complaint about this Website, you should contact our customer services department at Customer Services and we will try to answer your enquiry or resolve any complaint as soon as possible.
GENERAL
12.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms.
12.2 If any provision of these terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these terms, which shall remain in full force and effect.
12.3 Failure by either of us to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy.
12.4 Any purchase or other transaction in relation to any products or services provided by Mercedes-Benz will be subject to contractual terms. These terms and conditions are not intended to be an offer for sale or supply of any goods or services which is capable of acceptance. Nor shall these terms and conditions form a condition, warranty or other term of any agreement which you may enter into with Mercedes-Benz for the supply or sale of goods or services.
12.5 You are solely responsible for deciding whether any of our products or services are suitable for your purposes. Mercedes-Benz does not by these terms and conditions give or enter into any conditions, warranties or other terms or representations as to the fitness for purpose, satisfactory quality or compliance with description of any Mercedes-Benz vehicles or other Mercedes-Benz products.
12.6 By placing an Order through our Website, you acknowledge and agree that full liability for the products or vehicles rests with the manufacturer and that we carry no product liability for those items.
12.7 These Website Terms are published in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will apply.
FORCE MAJEURE
13.1 We shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of god, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we shall be entitled to a reasonable extension of our obligations.
13.2 If the delay persists for such time as the General Distributor considers unreasonable, it may, without liability on its part, terminate the contract.
Ordering and PAYMENT FOR VEHICLE RESERVATION OR PURCHASE
14.1 You may reserve or purchase one Mercedes-Benz vehicle per Order by paying a ‘Booking Amount’ in Kuwaiti Dinar for Mercedes-Benz products selected by you using this website. You can make multiple Orders depending on availability of Inventory. On confirmation of payment receipt by us, an electronic acknowledgement of the reservation along with a reservation number shall be sent to you as per the contact details provided by you.
14.2 Orders are subject to our acceptance, which we may withhold in our sole discretion including for reasons such as ineligibility, inability to confirm payment authorization, suspected fraud, shipping restrictions and/or stock availability. Items ordered by you are only reserved until your Order has been finalized in accordance with these Terms.
14.3 The Website may contain or provide information regarding the availability of vehicles. This information can be used to estimate the likelihood that an item will be available immediately upon Order placement. Unfortunately, we cannot guarantee that a vehicle stated to be available will be available right away, as inventory can change significantly throughout the day. In rare cases, a vehicle may be available when you place an Order but sold out by the time we process the Order. Should this happen, we will notify you.
14.4 The Booking Amount paid by you shall be credited against the final “On road price” of the selected Mercedes-Benz product at the time of completing the purchase as per the terms and conditions.
14.5 You shall contact the Authorized General Distributor as per the Contact details provided on the website or visit showroom for completing the remaining formalities related to your vehicle purchase. We shall reserve the selected Mercedes-Benz vehicle for a maximum period of 48 hours from the time of payment confirmation.
14.6 In case, you do not contact the showroom within reasonable time, we reserve the right to cancel your reservation of the selected Mercedes-Benz product at any point of time thereafter. Our cancellation policies as stated below under section 21 shall apply.
14.7 You shall be required to provide all further details requested by us for completing the purchase transaction or cancellation as the case may be.
Trade-In VEHICLE
15.1 Where appropriate, any residual value discussed for any Customer vehicle (the “Trade-In Vehicle”) on this website is purely indicative for illustration purposes and not binding on us. Without prejudice to the foregoing, the Trade-In Vehicle offered by the Customer, which value, at our sole discretion, may be considered for set-off against the value of a Mercedes-Benz vehicle purchase is in good condition, fully operational, having suffered no previous accidents, serviced as per the manufacturers schedule and with full, accurate and documented service history. The Trade-In Vehicle being offered should also have appropriate transferable documentation.
15.2 At the Closing Stage, the Customer shall bring the relevant Trade-In Vehicle to our specified location. At this stage, we shall have the right, but not the obligation to do a complete physical evaluation of the Trade-In Vehicle offered and conducts such other checks and verifications as it shall, at our sole discretion, as deemed necessary. This shall include, but shall not be limited to, verifying ownership details or verifying whether there is any outstanding finance or credit facility on the relevant Trade-In Vehicle.
15.3 The final amount to be credited to the Customer in respect of the Trade-In Vehicle shall be at our sole discretion. For the avoidance of doubt, the presentation of the Trade-In Vehicle at the Closing Stage shall not in any way, shape or form bind us to complete the sale of the relevant Mercedes-Benz product and corresponding purchase of the Trade-In Vehicle (the “Trade-In Sale”). Where we decide not to complete the Trade-In Sale, you shall be offered the opportunity to purchase the relevant Mercedes-Benz product at the price determined by us in line with the other applicable terms and conditions. Where the Customer declines to proceed with such purchase, any booking amount already paid by the Customer shall be treated in line with the terms and conditions as per section 21 below.
Finance Offers
16.1 Any financing offers, computations or illustrations (“Financing Terms”) discussed on this website are based on a tentative/indicative interest rate. The terms and conditions applicable to such Financing Terms may vary and are subject to change based on the final choice of the finance partner or finance institution selected by the Customer at the Closing Stage.
16.2 The finance partner or finance institution selected by the Customer may, at its sole discretion, accept or reject the proposal to offer finance or any credit facility based on its credit policy or other criteria as may be applied by it. In case of rejection of any finance or credit facility application by the relevant finance partner or finance institution, the Customer may decline to proceed with the purchase of the relevant Mercedes-Benz product. Where the Customer declines to proceed with such purchase, any booking amount already paid by the Customer shall be treated in line with the terms and conditions as per section 20.
Delivery
17.1 Any increase in the “on the road” price before Completion caused solely and directly on account of regulatory or other legal requirements shall be borne by the Customer.
17.2 Only after receipt of the Balance Price shall any reservation pursuant to this website become binding on us. Until the Balance Price is received, the online reservation is merely a request on part of the Customer and an indication of a potential intention to sell on our part and shall not, under any circumstances, result in a contract of sale. Should, for any reason whatsoever, the booking fails to be accepted or the relevant payment transactions not be completed, save as expressly out in these terms and conditions, there shall be no adverse implications, whether legal or financial or otherwise, to us.
17.3 Delivery times noted on this website or otherwise notified to you by us are only tentative, estimated timelines and may be subject to alteration.
17.4 All documents requested by us will need to be produced by you at the relevant times as reasonably requested by us. If you fail to comply with these conditions, delivery time may be impacted. Further, we reserve the right to deny the delivery of the relevant Mercedes-Benz product booked online by you using this website. Vehicle delivery is dependent on the successful completion of all local vehicle registration procedures.
17.5 Once your car is ready for collection, we will invite you to come collect your vehicle, and finalize the sale with one of our sales consultant at a location to be agreed between us. We will try our best to accommodate your choice for the location of the appointment; however, the location and date of your appointment will depend on the availability of the vehicle you purchased in our inventory. Please note that it can take between three and five days between the date on which the Order is placed and the date of your appointment to collect the vehicle.
17.6 Any description given or applied to the vehicle is given by way of identification especially for exterior and interior colours and textures of the materials used. For the avoidance of doubt, you hereby affirm that you do not in any way rely only on any description but will clarify the same with the sales consultant when entering into the purchase.
17.7 The sale will only be final after you have signed all the required documents for the transfer and registration of the vehicle to your name. Our sales consultants will be assisting you with this during your collection appointment.
Cancellation and Refund
18.1 The Customer shall have the right to cancel any bookings made pursuant to this Website within three (3) working days of making the relevant booking. In order to cancel any such booking, the Customer/s shall contact the Authorized General Distributor and submit a cancellation letter along the relevant reservation number and reservation receipt. The cancellation letter along with the above documents shall be provided to us by email or registered post with the following subject title: "Cancellation of Reservation Number". Refunds will be made to the same K-NET card that was used for payment of the booking amount. Our email address and postal address can be found below at the end of the terms and conditions or in the Contact Us section of our Website.
18.2 We shall use all reasonable endeavors to process cancellation refunds within 21 working days from the date we receive the cancelation request letter.
18.3 Reservations cannot be cancelled and no refund shall be payable where the Customer has paid the Balance Price.
18.4 Any reservation made pursuant to this website is non-transferable and only the Customer in whose name the online reservation has been made shall, subject to the other terms and conditions set out herein, be eligible to purchase the relevant Mercedes-Benz product.
PRIVACY
19.1 The privacy of your personal data is important to us. Please see our Privacy Statement below, which forms part of these terms, for details of how we will process your personal data.
PRIVACY STATEMENT
19.2 Al Mulla Automobiles for Buying and Selling Cars Co. S.P.C., appreciates your interest in its products and your visit to this web site. Your privacy is important to us and we want you to feel comfortable visiting our site. The protection of your privacy in the processing of your personal data is an important concern to which we pay special attention during our business processes. Personal data collected during visits to our web site are processed by us according to the legal provisions. In addition, our data protection policy complies with the Data Protection Code of Conduct applicable company-wide for Al Mulla Automobiles. The Al Mulla Automobiles web site may include, however, links to other web sites which are not covered by this privacy statement.
COLLECTION AND PROCESSING OF PERSONAL DATA
19.3 When you visit our web site, our web server automatically records your IP address, the web site from which you visit us, the web pages you actually visit and the date and length of your visit. Personal data is only stored if volunteered by you, for example in the context of a registration, a survey, a contest or in execution of a contract.
USE AND DISCLOSURE OF PERSONAL DATA AND PURPOSE SPECIFICATION
19.4 Al Mulla Automobiles will use your personal data for the sole purpose of technical administration of the web site, customer administration, product surveys and marketing, only to the extent necessary in each specific case.
19.5 We will only disclose your data to governmental authorities in cases where it is required by law. Our employees, agencies, and retailers are obliged by us to respect confidentiality.
COOKIES
20.1 This Website uses cookies. Please see our Cookie Policy, which forms part of these terms, for further details.
COOKIE POLICY
20.2 This Cookie Policy is intended to inform you how Al Mulla Automobiles for Buying and Selling Cars Co. S.P.C., the Authorized General Distributors of Mercedes-Benz Products in Kuwait uses a technology called “cookies” and web server logs, to assist you in making informed decisions when using our site.
WHAT ARE COOKIES?
20.3 Cookies are small text files that are placed on your computer or mobile phone browser by websites that you visit. Cookies are widely used in order to make websites work, or to improve the user experience, as well as to provide certain information to the owners of the website. Our cookies may include information about your online preferences and allow us to tailor our websites to your interests, and often include an anonymous unique identifier. For further details on cookies, please visit http://www.allaboutcookies.org where you can find comprehensive information on cookies and similar technologies.
CONSENT TO USE OF COOKIES ON THIS WEBSITE
20.4 By continuing to use our site, you are deemed to consent to our use of the cookies described in this policy. If you do not consent to our use of cookies, then please read the next section “Blocking Use of Cookies”.
BLOCKING USE OF COOKIES
20.5 You have the opportunity to set your devices to accept all cookies, to notify you when a cookie is issued, or not to receive cookies at any time. The last of these options means that certain personalized services cannot then be provided to you, which may result in you not being able to take full advantage of all of the features of our websites.
20.6 If you do not wish to receive cookies generally, or to object to certain cookies, you might need to change your browser settings. However, each browser is different, so please check the “Help” menu of your preferred browser to learn how to change your cookie preferences. Please visit http://www.allaboutcookies.org where you can find comprehensive information on cookie management and blocking for a wide variety of browsers.
20.7 Some of our cookies are strictly necessary to use our websites or certain functionalities within them. If you choose to block use of cookies, some aspects of the site may not work properly and you may not be able to access all or part of our site. This includes the cookies to register whether the user has consented to cookies being used by our website or not.
HOW DO WE USE COOKIES?
20.8 Information supplied by cookies can help us to analyze your use of our websites and help us to provide you with a better online user experience. The information our cookies collect is not used to identify who you are, or to send you advertising by e-mail or post. Further, we do not use cookies to provide targeted and personalized advertising to children.
20.9 We might use session cookies to uniquely identify your browsing session on our site, to facilitate the functioning of our websites, such as to enable the user to navigate through the different pages. These cookies expire at the end of the user session (e.g., when the user closes the browser window). We might also use cookies that persist for a longer period in order to remember your preferences and choices on our websites. Generally, those cookies will not have a life span exceeding two years. We might use analytics cookies in conjunction with our web server’s log files to enhance the performance of our websites by collecting aggregated information about how many visitors we have, where visitors have come to the site from and how they use the website (e.g. which pages most visitors go to most often).
GOVERNING LAW
21.1 You agree that Kuwaiti law governs your use of the Website and your relationship with Mercedes-Benz, and you agree that the Kuwaiti courts will have exclusive jurisdiction over any claim or dispute arising from or related to these terms and conditions on this Website.
Additional terms and conditions may be applied by specific Dealerships. Please refer to your Dealership for details.
CONTACT US
If you have any queries, contact us on +965 1-887-888; contactus@mercedesbenzkuwait.com
