CUSTOMER TERMS & CONDITIONS

This Customer Terms & Conditions sets out the terms and conditions on which the Products are sold to the Customers through the Marketplace that is owned and/or operated by pq Store or any of Prime Quality Co’s companies. This Customer Terms, together with the Site Terms of Use, the Privacy Notice and the Cookie Notice, and any additional terms as decided by pq Store, as updated or amended by pq Store 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.

2. PRICES AND ORDERS

2.1 The Customer agrees to pay the full amount for the Product as indicated in the Product Description at the time of the Order receipt on the Marketplace, in addition to any installation and shipping charges or other charges that may be applicable to the Order. While pq Store aim for that 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, pq Store will at its sole discretion either (1) inform the Customer as soon as possible and give the Customer the option of reconfirming its Order at the correct price or canceling such Order or (2) 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 excludes taxes (if applicable), shipping and installation charges, unless expressly stated otherwise in the Agreement.

2.3 Once the Order is successfully submitted and accepted on the Marketplace, the Customer will receive an Order confirmation via email with the Order details. The Customer acknowledges that pq Store 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 pq Store or the Seller (as the case may be) until the payment of the Product is made and received in full. pq Store reserves the right to cancel any Order at any time before dispatching the Order.

3. PAYMENT

3.1 The Marketplace offers several types of payment, such as via KNET, VISA, Mastercard or Apple Pay, which may vary as per pq Store’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 pq Store or its third-payment payment processer to process and validate the card details for the amount of the Order. To ensure that the card is not being used without the Customer consent and to validate the card and the Customer’s details, the Marketplace 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. Prime Quality Co 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.

4. PRE-ORDERS

4.1 For the Products sold by pq Store, pq Store may, 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 pq Store.

4.3 The official launch date for the pre-Ordered Product will appear on the Product Description and may be also published on the Marketplace. 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 pq Store reserves the right to change the release date as it deems fit without any liability toward the Customers. Furthermore, pq Store reserves the right to cancel all pre-Orders without any liability to the Customers except for the refund of their payment as per pq Store’s refund terms.

5. EASY CREDIT

5.1 For the Products sold by pq Store, pq Store may through one of Prime Quality Co’s companies or other financing companies, at their sole discretion, offer the Easy Credit option. The Customer acknowledges and agrees that the Easy Credit prices appearing on the Products Description are approximate and subject to change due to several factors, such as the Customer’s credit status and history and the Ci-Net regulations.

5.2 Furthermore, the Customer acknowledges and agrees that the provision of the Easy Credit, its prices and installments and the Customer’s eligibility are subject to additional terms and conditions that will be provided to the Customers to conclude the Easy Credit sale; and in case of any inconsistency between this Customer Terms and the additional terms, the latter shall prevail unless decided otherwise by pq Store.

6. TRADE-IN

6.1 For the Products sold by pq Store, pq Store may at its sole discretion, offer the Trade-in option. The Customer acknowledges and agrees that the Trade-in calculation appearing on the Marketplace are approximate and subject to change due to several factors, such as the actual status of the used product.

6.2 Furthermore, the Customer acknowledges and agrees that the provision of the Trade-in, its calculation and the Customer’s eligibility are subject to additional terms and conditions that will be provided to the Customers to conclude the Trade-in transaction; and in case of any inconsistency between this Customer Terms and the additional terms, the latter shall prevail unless decided otherwise by pq Store.

7. DISCOUNT COUPONS AND GENERAL PROMOTIONS

7.1 From time to time and as part of pq Store promotional activities, pq Store may, at its sole discretion, issue discount coupons to Customers that hold Accounts on the Marketplace, which can be redeemed solely by the Account owner, or apply discount or promotional sales for certain or all Products sold by pq Store on the Marketplace. 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 pq Store.

7.2 Unless otherwise stated in writing, the discount coupons are redeemable only for the Products sold by pq Store on the Marketplace. Furthermore, the discount coupons are valid during the promotional periods for which they are issued as indicated in their terms.

7.3 Discount coupons cannot be partially used, used twice or exchanged for shopping credit. Only one Discount coupon can be

7.4 pq Store 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 Marketplace from time to time.

8. WARRANTY TERMS AND CONDITIONS

8.1 All Products sold by pq Store are consumables and not subject to warranty.

9. DELIVERY

9.1 This Article 9 applies only for Products sold by pq Store or sold by Sellers, but the delivery is fulfilled by pq Store, in other case the Sellers’ delivery terms will apply. pq Store 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 a proof of identity as and when requested by pq Store’s appointed delivery partner.

9.2 In the event where the Customer is not at the delivery address as specified in the Order, the Order will be returned to pq Store’s warehouse, and the Customer must contact the pq Store customer care to schedule another delivery. In case the Customer does not contact the customer care within a reasonable time to be decided by pq Store to reschedule the delivery, the Order will be deemed cancelled.

9.3 The Customer acknowledges and agrees that exact delivery time depends on the accuracy of the delivery address details that the Customer provides. pq Store will deliver the purchased Products as soon as possible from the time of order confirmation.

9.4 The Customer will have the opportunity to review, change, update or add delivery address details every time it places an order.

9.5 While pq Store will procure reasonable effort to deliver the Orders within the estimated delivery time and preferred time; however, pq Store shall be under no liability for any delay or failure to deliver the Orders within the estimated delivery time or the preferred time.

9.6 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.

A delivery charge equal to the delivery fees stated in the invoice applies which is non-refundable in the event of wrong delivery details or the Customer being unreachable via the provided contact number.

9.7 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 18 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 and the contact person number.

9.8 If there is a change in the delivery address or schedule after the Order confirmation, the Customer must contact the pq Store customer service center by clicking click here.

9.9 The Customer will be informed of the status and time of its delivery. pq Store will try to contact the Customer before scheduling delivery to provide information on delivery timings. pq Store will use its reasonable efforts to accommodate the Customer’s preferred delivery timings and date. 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.

9.10 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 a good condition upon the acceptance of the delivery note by the Customer or its representative.

9.11 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 three (3) days as of the purchase date and in this case, pq Store will refund to the Customer the invoice value after deducting 20% of it.

10. INSTALLATION

10.1 This Article 10 applies only for Products sold by Pq Store. The Pq Store installation team will perform a quality check in the Customer’s presence. If the Customer wishes that the Product remains unboxed and installed on a later date, then the Customer will be responsible for the safety of the unboxed Product and no claims for damage or missing parts (if applicable) can be made against Pq Store later.

11. RETURN AND REFUND

11.1 For the Products sold by pq Store, pq Store is committed to provide its customers with good 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 pq Store at its sole discretion and except if the Customer had been informed of and accepted such defect, pq Store 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.

11.2 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.

11.3 pq Store may reject the return or exchange of any Products sold under discount or promotional sales. pq Store reserves the right of not accepting the return or exchange of certain Products, even if they comply with the above rules. Notwithstanding the aforementioned, pq Store may accept to replace such Products in case of manufacturing defects or non-compliance with the specifications under the applicable laws.

11.4 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 refund, the refund may take up to 4-6 weeks and subject to the payment gateway operator’s policy.

11.5 As for the Products sold by Sellers, most Sellers offer returns for items within 14 days of delivery confirmation. Some Products have different policies or requirements associated with them. It is the Customer’s responsibility to check the return terms applicable on each Product’s Seller. In all cases, the return of the Products sold by Sellers will be performed as pick up from the Customer address only and pq Store will not accept any of such returns at its showrooms.

11.6 Items sold by the Sellers are not eligible for replacement or exchange. Unless the return is fulfilled by pq Store, the return of a Seller Product will be sent back to the Seller instead of pq Store. After the courier has received the Product, it can take up to one week for the Seller to receive and process the return. It may take up to two weeks for cross border Seller Orders. After the return is processed it may take 5 to 7 business days for the refund to show on the Customer payment card statement.

12. SPECIAL TERMS FOR PRODUCTS SOLD BY SELLERS

12.1 Certain Sections of the Agreement (as specified therein), whether entirely or partially, do not apply to the sale of Products sold by the Sellers. The Customer acknowledges and agreed that the Sellers are independent third parties that pq Store does not own or control, any purchase transaction made by the Customer of the Sellers’ Products is an agreement between the Customer and the Seller that is subject to Sellers terms and conditions as stated under the Products Description and to this Customer Terms (as applicable).

12.2 The steps to place an Order with a Seller are the same as placing any other Order sold by pq Store. The Customer will have to add items to its cart and complete its Order through the pq Store checkout process. Payment for the Sellers’ Order processes immediately. pq Store will transfer the invoice value to Seller, so if a Seller requests payment information or to transfer the invoice value directly to them, the Customer should refrain from placing the Order and contact pq Store immediately.

12.3 The Products Description will include information about who will fulfil the Order. If the Order is not fulfilled by pq Store, it will be fulfilled directly by the Seller.

12.4 The Customer may cancel a Seller Order from the Customer Account prior to the Order being shipped from its warehouse/ storage location. To request a cancellation, select the Order from Your Orders and select Cancel Items. Once the Order ships, no cancelation will be accepted.

12.5 Sellers will try to ensure that stock is available for delivery. However, sometimes, a listed item is no longer available by the time the Order is placed. If a Seller can't deliver the Order, the Seller will refund the Customer so that the Customer can place a new Order.

12.6 Sellers set their own prices for the Products that they sell on the Marketplace. Prices for similar or identical Products can vary from a Seller to another.

13. DISCLAIMER, INDEMNITY AND LIABILITY

13.1 TO THE FULLEST EXTENT PERMITTED BY LAW, PQ STORE AND PRIME QUALITY CO DISCLAIM AND EXCLUDE ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE MARKETPLACE, THE PRODUCTS, THE DELIVERY AND INSTALLATION SERVICES, OR WITH RESPECT TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION PROVIDED BY PQ STORE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF A PATENT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT. THE CUSTOMER EXPRESSLY AGREES THAT ITS USE OF THE MARKETPLACE AND THE PURCHASE OF THE PRODUCTS ARE AT ITS SOLE RISK.

13.2 The Customer shall defend, indemnify and hold harmless Prime Quality Co, 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 Marketplace or the Account.

13.3 In no event Prime Quality Co 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. Prime Quality Co’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.

14. GENERAL PROVISIONS ​

14.1 The Customer acknowledges and agrees not to resell or export any purchased Products to any embargoed country or person pursuant to the US, European Union or UK export control laws and regulations. The Customer acknowledges and agrees that Products purchased from the Marketplace 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. Prime Quality Co assume no liability whatsoever nor provide any warranty support or service in respect of a Product which has been exported/ used in violation of this provision.

14.2 pq Store 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.

14.3 The Customer may not assign the Agreement or any of its rights or obligations without the prior written consent of pq Store. pq Store may assign or delegate any third party as it deems fit. Furthermore, pq Store may assign the Agreement, partially or entirely, to any third party.

14.4 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.

14.5 The defined terms used in the Agreement shall have the meaning set forth in this Section:

• A) “Account” means the Customer account on the Marketplace;
• 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) “Prime Quality Co” means Prime Quality for Retail & Wholesale, owner of pq Store.
• 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 Marketplace;
• H) “Customer” means the buyer of the Products sold on the Marketplace;
• I) “Customer Terms” means the terms and conditions contained in this document;
• J) “Easy Credit” means the credit installments’ option that may be provided by pq Store, any of Prime Quality Co’s companies, or other financing companies which is to be concluded at certain pq Store’s showrooms and subject to additional terms and conditions;
• K) “Marketplace” means the online e-commerce platform made available by Prime Quality Co on the website, the primary home page of which is identified by the URL store.pqkwt.com and any mobile device application or desktop application, developed by Prime Quality Co or on its behalf, and any successor or replacement of such;
• L) “Order” means an order placed by a Customer on the Marketplace to purchase a Product;
• N) “Product” means the product displayed and sold by pq Store or a Seller on the Marketplace;
• O) “Product Description” means the information related to a Product as displayed and sold on the Marketplace;
• P) “Seller” means seller who displays and sells its Products on the Marketplace to the Customer;
• Q) “Site Terms of Use” means the set of terms and conditions that regulates the Site’s usage;
• R) “Trade-in” means the trade-in option that may be provided by pq Store which is to be concluded at certain pq Store’s showrooms and subject to additional terms and conditions; and
• S) “pq Store” means the brand name owned and legally represented by Prime Quality Co.