Terms & Conditions
Lomarthobe.com is a website owned and operated by LomarThobe, a company organized under the laws of the Kingdom of Saudi Arabia, and having its principal place of business at the city of Jeddah.
These terms and conditions shall govern each and every contractual relationship between LomarThobe and You.
Any order submitted by You to the Website implies that you have recognized and accepted these Terms and Conditions which shall prevail over any other document.
You should (i) read these Terms and Conditions carefully and (ii) agree to be bound by their provisions, failing of which will result in your loss of any entitlement to use or access the website.
LomarThobe reserves the right to amend these Terms and Conditions, as well as the Products and Prices available on the Website at any time, at its sole discretion, and without prior notice. All new terms shall automatically be effective one week after they are initially posted on the Website. Any rights not expressly granted herein are reserved.
The contractual terms and conditions shall be stipulated under the laws and statutory provisions of the Kingdom of Saudi Arabia applicable on the date of the confirmation of your Order by LomarThobe.
1. Definitions
Whenever used in the Terms and Conditions, or in relation with their performance, the following terms shall have the meaning defined hereafter:
Prices Catalog shall mean prices of products provided by LomarThobe for You. As mentioned earlier, all prices are subject to change without prior notice and at the sole discretion of LomarThobe.
Order shall mean order You place and post on the Website.
Parties shall mean collectively LomarThobe (or “We”) and both the purchaser and/or the user (both referred to as “You”)
Product shall mean the equipment ordered by You and sold on line by LomarThobe through the Website.
2. ELIGIBILITY
This Website is available only to, and may only be used by, confirmed registered members of www.LomarThobe.com. Without prejudice to the foregoing, access to or use of our Services shall not be granted to children (persons under the age of 18) or to temporarily or indefinitely suspended users of the Website or any other website owned and/or operated by LomarThobe or a subsidiary or affiliate of LomarThobe. If You are under the age of 18, You can use this Website ONLY in conjunction with, and under the supervision of Your parents or guardians. If You do not qualify, you can not use our Website. Furthermore, Your account on the Website may not be transferred or sold to any other party
3. PRIVACY
Please review our Privacy Policy at [hyperlink should refer to the Privacy Policy], which also governs Your visit to Our Website.
LomarThobe shall not sell nor rent Your personal information to third parties for their marketing purposes . Our use of Your information shall be in compliance with the Privacy Policy.
4. ELECTRONIC COMMUNICATIONS
When You visit our Website or post e-mails to this Website, You are communicating with us electronically. In return, You consent to receive communications from us electronically. We will communicate with You by e-mail. You agree, under these terms and conditions that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
5. COPYRIGHT
All content included on this Website, such as, without being exhaustive, texts, graphics, designs, logos, button icons, images, is the property of LomarThobe. The compilation of all content on this Website is the exclusive property of LomarThobe..
By accessing the Website or using the Service, You acknowledge such rights and corresponding duties for You.
Except as expressly permitted in this Terms and Conditions, all or part of the content of this Website cannot be modified, copied, reproduced, republished, uploaded, downloaded, posted, transmitted, licensed, assigned or distributed by any means, or in any form, wherever this Website is accessible, without the prior written consent of LomarThobe
6. WEBSITE ACCESS
LomarThobe does not grant You any license to download (other than page caching) any content of this Website or modify it, or any portion of it, except with express written consent of LomarThobe.
Moreover, You are not allowed to resell or make:
- any commercial use of this Website or its contents, or,
- any collection and use of any Product listings, descriptions, or prices, or,
- any derivative use of this Website or its contents, or,
- any downloading or copying of account information for the benefit of another merchant.
This Website or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of LomarThobe.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including in particular images, text, page layout, or form) of LomarThobe, You may not use any Meta tags or any other "hidden text" utilizing LomarThobe and/or Lomarthobe.com name or trademarks without the express written consent of LomarThobe.
Any unauthorized use may give rise to legal proceedings before the relevant courts.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of this Website so long as the link does not portray LomarThobe, its affiliates, or their products in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of LomarThobe’s logo or other proprietary graphic or trademark as part of the link without the express written permission of LomarThobe.
This Website may contain hyperlinks to websites operated by parties other than LomarThobe. Such hyperlinks are provided for information purpose only. LomarThobe does not control such websites and is not responsible for their contents or Your use of them.
7. YOUR ACCOUNT:
If You use this Website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password.
8. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT You may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. LomarThobe reserves the right but not the obligation to remove or edit such content, but does not regularly review posted content.
9. RISK OF LOSS
All Products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such Products pass to You upon our delivery to the carrier. In the rare cases of losing a shipment before delivery, LomarThobe will gladly replace your order or issue You a complete refund. Please review the terms and conditions related to the shipment courier before placing your order
10. PRODUCT DESCRIPTIONS
LomarThobe attempts to make its Website as accurate as possible.
11. AVAILABILITY OF THE PRODUCT
All Products mentioned on the Website are offered.
12. PRICING
The Price displayed with respect to Products on our Website represents
The prices provided in the Price Catalog displayed on the Website are exclusive of any tax, duties and charges applicable. All prices are given in Saudi Riyal by default.
The tariff specified in the confirmation order issued by LomarThobe includes the price of the Product or the related Services, handling charges, packaging and transportation costs. The tariff however does not include any applicable taxes, duties and charges existing (i) in the country of delivery and/or (ii) in the countries where the Product(s) transit. You hereby acknowledge and agree that such taxes, duties and charges remain to be paid directly by You to the relevant authorities.
13. PAYMENT
You shall pay the Product(s) and/or related services ordered as follows:
- Online payment via credit card: [Visa, MasterCard] via the SSL protocol which provide You a reliable secure payment system. By opting for online payment, You expressly acknowledge and certify that You are the owner of the credit card used. LomarThobe may not be held liable for any misuse of Your credit card by anyone.
No payment made will give rise to any reimbursement from LomarThobe for any reason whatsoever.
You will be responsible for all reasonable expenses (including attorneys' fees and costs) incurred by LomarThobe in collecting unpaid amounts under these Terms and Conditions.
14. DELIVERY
The Product(s) ordered via this Website is(are) delivered through a shipping courier. You will be charged shipping fee when placing your order that will be added to the order total. You will be able to view the shipping fees before placing the order so You have the chance to not go through with the order. LomarThobe will not be liable for any amounts resulting from delays, lost shipments, wrong addresses …etc
Any delay in delivery shall not entitle You to refuse the Product or cancel the Order.
15. ADVERTISER REPRESENTATIONS AND WARRANTIES
You represent and warrant that (i) all information provided by You in any Order is correct and current, and that (ii) You shall not forge or mask Your true identity.
16. FORCE MAJEURE
LomarThobe shall not be held liable for the non performance, or any failure in the execution of one of its obligations hereto, resulting from a case of Force Majeure, an accidental case or circumstances beyond LomarThobe’s control, such as, but not limited to: fires, explosions, riots, wars, floods, epidemics, shortage of raw materials or transport facilities, insufficient supply of electricity and power, any delay exceeding the usual transport time, accident during handling operations, strikes, lock-outs, piracy, blockades, restrictions, demands or prohibitions or other hindrances on requirements imposed by any official authority in the departure country or in the country where the Products are delivered or legal actions taken in spite of the correct performance of work.
Should any Force Majeure event, any accidental case or circumstances beyond LomarThobe’s control occur, LomarThobe shall advise You as soon as possible upon the event.
17. LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of our service.
You undertake to use the Product according to the terms and conditions defined in the documentation, if any, attached with the Product.
18. DISPUTES
Any dispute relating in any way to or in connection with Your visit to the Website or to products You purchase through the Website that cannot be settled amicably within 60 days after formal notice of the dispute shall be finally settled by arbitration by [three] arbitrators in the kingdom of Saudi Arabia, except that, to the extent You have in any manner violated or threatened to violate LomarThobe's intellectual property rights, LomarThobe may seek injunctive or other appropriate relief in any court having jurisdiction.
The requesting party shall designate one arbitrator within 30 days of the date of the submission of the Request for arbitration. The respondent shall then designate one arbitrator within 30 days. The two appointed arbitrators shall designate the third arbitrator who will act as the Chairman of the arbitral tribunal.
The Arbitration under this agreement shall be conducted under the rules then prevailing in the Kingdom of Saudi Arabia.
The place of arbitration shall be Riyadh
The language of the arbitration proceeding shall be Arabic.
The arbitral award shall be final and binding and the parties hereby waive their rights to any form of appeal or recourse, insofar as such waiver can validly be made.
The arbitral award may be entered as a judgment in any court of competent jurisdiction.
19. NO AGENCY
You and the Website are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
20. WEBSITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies. These policies also govern Your visit to the Website. We reserve the right to make changes to our Website, policies, and these Terms and Conditions at any time and You agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of Your use of the Website If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
21. OUR ADDRESS
Lomarthobe.com,
http://www.lomarthobe.com
KSA, Jeddah,Riyadh,Khobar
22. VALIDITY
The recognition of the nullity of a clause shall not affect the validity of the rest of these Terms and Conditions or of any other clause.
