BETA VERSION V1.0
BETA VERSION V1.0

Terms and Conditions

LE POTENZA GENERAL TRADING CO.,

WEBSITE USER TERMS & CONDITIONS AGREEMENT

Welcome to the Le Potenza General Trading Co., (hereinafter the “Company”, “Le Potenza General Trading Co.”, “We”, or “Seller”) website (the “Le Potenza General Trading Co. Site” or the “Site”) and to our online products and services described below (the “Services” and/or the “Products”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

In this website you can obtain information about our Company and the Company’s Products and Services. Please be advised that any reference to Le Potenza, Le Potenza General Trading Co., the Company, or We, means all companies, affiliates, persons, and other goods and Services, which are under the trademark, whether registered or unregistered, of Le Potenza General Trading Co.

USE OF THE LE POTENZA GENERAL TRADING CO. WEBSITE

On this page you will find the Terms and Conditions stated under which you, the website visitor, hereinafter “You” or “User”, or “Customer” may access and use our Services and website.

By accessing and/or using our Services and website, you agree to be bound by all of the Terms and Conditions as set out below and any policies and guidelines governing the Le Potenza General Trading Co. Site or Services.

If you do not accept these Terms and Conditions, please do not use our Services and our website.

By accessing the Le Potenza General Trading Co. Site, you warrant and represent to Le Potenza General Trading Co. that you are at least 18 years of age.

No person under the age of 18, regardless of parental or guardian consent, may create an account or purchase Services.

Le Potenza General Trading Co. will not knowingly allow people under the age of 18 to use the Site without parental permission.

Use of Le Potenza General Trading Co.’s Services and/or registration for Le Potenza General Trading Co. Services, is void where prohibited.

ACCESS TO THE LE POTENZA GENERAL TRADING CO. SITE

Le Potenza General Trading Co., in its sole discretion, may revise these Terms and Conditions at any time. It is your responsibility to visit the Le Potenza General Trading Co. Site to review these Terms and Conditions periodically to be updated on revisions and updates to these Terms and Conditions and policies.

Any amendment shall be effective immediately upon posting to the Site or any other means of communication to You.

Le Potenza General Trading Co., strives for timeliness and accuracy in all of the materials on the website, but makes no representations, warranties, or assurances as to the availability, accuracy, timeliness, or completeness of this website or its contents (all pictures, logos, written material, audio, videos and every material that are an integral part of the website).

YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING THE COMPANY’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DISCONTINUE USE OF THE SERVICES OR THIS SITE.

Le Potenza General Trading Co., its affiliates or assigns, shall not be liable for any damages or injury resulting from your access to, inability to access, or use of our services and website, including, without limitation, any damage or injury arising from any links to other sites contained within or referred to in this website.

These Terms and Conditions, and any posted revision to these Terms and Conditions, shall remain in full force and effect while you use Le Potenza General Trading Co. Services or are a registered User.

You may terminate your account at any time, for any reason.

Le Potenza General Trading Co. reserves the right, in its sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of Le Potenza General Trading Co. Services at any time, for any or no reason, with or without prior notice or explanation, and without liability.

Le Potenza General Trading Co. expressly reserves the right to deny, restrict, suspend, or terminate your access to all or any part of Le Potenza General Trading Co. Services if Le Potenza General Trading Co. determines, in its sole discretion, that you have violated these Terms and Conditions or pose a threat to Le Potenza General Trading Co., its employees, business partners, users or the public.

These Terms and Conditions will remain in effect even if your registration is terminated.

A User may use Le Potenza General Trading Co. Services only in compliance with these Terms and Conditions and all applicable, local, state and international laws, rules and regulations.

The placement of an Order for Le Potenza General Trading Co. Services will form a binding Contract between the User and Le Potenza General Trading Co.,

In order to purchase a product or Service, Users must have a registered account with Le Potenza General Trading Co. and be capable of forming legally binding relationships under applicable law.

Minors and/or those individuals between the age of 13 and 18 years old and any other individuals who are legally ineligible from entering into binding contracts are not permitted to use these Services without involvement of a parent or guardian.

Every User must possess his or her own account, username and password, whether registered individually or as part of a group account.

Accounts are User-specific and are not transferrable. Use of an account, username, email address or password of another User is strictly forbidden.

Users are responsible for safeguarding their account information and the passwords that they use to access Le Potenza General Trading Co., Services and are responsible for any activity or actions that are conducted under such accounts and passwords.

Le Potenza General Trading Co., recommends that Users create strong passwords that are comprised of a combination of numbers, letters, symbols, and upper and lower-case letters, but accepts no responsibility as to the strength or weakness of any particular password selected by a User.

Passwords selected are solely the responsibility of the User and Users are entirely responsible for maintaining the confidentiality of their passwords.

Users agree not to disclose their passwords to any third party.

In the event that you come to know the password of another User, you agree to not disclosure it to any third party.

If you suspect any unauthorized use of your account or access to your password, please notify Le Potenza General Trading Co., immediately.

Le Potenza General Trading Co., it’s affiliates, and assigns SHALL not BE liable UNDER ANY CIRCUMSTANCES for any loss or damage arising from your failure to comply with the above requirements.

 ELECTRONIC COMMUNICATIONS

When you visit www.lemostre.com, our related websites, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications and notice shall be in writing.

RESERVATION OF RIGHTS

Le Potenza General Trading Co. retains the right to determine the content, appearance, design, functionality and all other aspects of the Le Potenza General Trading Co. Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Le Potenza General Trading Co. Site and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list any or all Products or Services in our sole discretion.

We may in our sole discretion withhold for investigation, refuse to process, stop and/or cancel any of your transactions.

We reserve the right to stop and/or cancel orders.

TRADEMARKS AND OTHER INTELLECTUAL PROPERTY OF LE POTENZA GENERAL TRADING CO.

Le Potenza General Trading Co., owns and holds all right, title and interest in and to the Le Potenza General Trading Co. content and Services that are protected by copyright, trademark, patent and all applicable and international laws.

The trademarks, names, logos and service marks (collectively “Trademarks”) displayed on this website are registered and/or unregistered Trademarks of Le Potenza General Trading Co.

Various other pictures, graphics, videos, audio, text, translation, data content and or editorial elements (“Third Party Media”) on the website have been or are supplied by third parties. All Third Party Media, club names and logos are the property of their respective owners.

Nothing contained on this website should be construed as granting any license or right to use any Trademarks or Third Party Media without the prior written permission of the website or property owner.

The Trademarks are considered proprietary information of the Company.

User understands that the Company will suffer financial, competitive or other harm if User permits or engages in its unauthorized disclosure.

Le Potenza General Trading Co. graphics, logos, page headers, button icons, scripts, and service names are Trademarks or trade dress of Le Potenza General Trading Co. or its affiliates.

Le Potenza General Trading Co. and its affiliates’ Trademarks and trade dress may not be used in connection with any product or service that is not Le Potenza General Trading Co.’s or its affiliates’ as applicable, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Le Potenza General Trading Co. or its affiliates.

LICENSE AND SITE ACCESS

Le Potenza General Trading Co., grants you a limited, revocable, non-transferrable license to display and reproduce the Le Potenza General Trading Co., Site content exclusively for your personal use for the purpose of viewing our website and using Le Potenza General Trading Co., Services.

It is strictly forbidden to sell, modify or reproduce Le Potenza General Trading Co. content and Services in any way for any public or commercial use.

Your limited license does not permit you to photocopy, print or download (other than page caching) or modify it, or any portion of it, except with the express written consent of Le Potenza General Trading Co. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents (all pictures, logos, written material, audio, videos and every material that are an integral part of the website); or any use of data mining, robots, or similar data gathering and extraction tools.

Without express consent from a User, you are not licensed to add any Le Potenza General Trading Co. User to your email or physical mail list.

This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Le Potenza General Trading Co..

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, videos, text, page layout, or form) of Le Potenza General Trading Co. or its affiliates without the express written consent of Le Potenza General Trading Co.

You may not use any meta tags or any other ‘hidden text’ utilizing Le Potenza General Trading Co.’s or its affiliates’ name or Trademarks without the express written consent of Le Potenza General Trading Co.

Any unauthorized use terminates the permission or license granted by Le Potenza General Trading Co.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.lemostre.com so long as the link does not portray Le Potenza General Trading Co., its affiliates, or their Products or Services in a false, misleading, derogatory, or otherwise offensive matter.

You may not use any logo or other proprietary graphic or Trademark of Le Potenza General Trading Co. or its affiliates as part of the link without our express written permission.

You agree that any damage caused by a breach or threatened breach of this provision may result in legal action, subjecting you to monetary damages or injunctive relief, at our election.

EXTERNAL LINKS

All third-party sites linked on the Site are property of their respective owners. Le Potenza General Trading Co. shall not be responsible for the content of any linked sites. Such links are posted on the Le Potenza General Trading Co. website with the consent of third parties.

The owner of these third-party sites linked on the Le Potenza General Trading Co. website, are exclusively responsible about the content or/and accuracy of materials present on these third-party sites.

If you decide to visit any third-party sites using links from this site, you do so at your own risk.

PRODUCT SALES

Sales of Products and Services on our Site are governed by our Sales Terms and Conditions and Privacy Policy, which are incorporated into these terms and conditions by this reference.

Le Potenza General Trading Co., reserves the right in its sole discretion, to refuse or cancel any order for any reason.

There may be certain orders that we are unable to accept and must cancel because of limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any problem identified by Le Potenza General Trading Co.,

Le Potenza General Trading Co., reserves the right in its sole discretion, to limit the quantity of items purchased per order.

You will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order is shipped.

We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

We may also require additional verifications or information before accepting any order.

Please note that in case of your order is canceled after your authorized payment, we will issue a credit to you in the amount of the charge.

All prices are subject to change and subject to vendor pricing. The price of any product can be confirmed only after your order. You will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order is shipped.

As Le Potenza General Trading Co., sells third-party products, we are bound to the vendor’s prices of their products. A change in vendor pricing may result in a price change that is not updated on our website. Prices reflected on the Company website are not guaranteed to be the actual sale price of the product or Service.

Le Potenza General Trading Co. shall not be responsible for any changes in product pricing or typographical errors.

In the event that an item is listed at an incorrect price due to an error in pricing or in the event that an item is mispriced, Le Potenza General Trading Co., in its sole discretion, can refuse or cancel any orders placed for that item or contact you for instructions.

In case that Le Potenza General Trading Co., cancels your order, we will notify you of such cancellation.

Le Potenza General Trading Co., endeavors to ensure that the Site reflects accurate product descriptions and pricing. However, Le Potenza General Trading Co., does not warrant that product descriptions, prices, or other content of this website are accurate, complete, reliable, current or error-free.

DISCLAIMERS OF WARRANTIES

Le Potenza General Trading Co. does not represent or warrant that its services are error-free or that the Site or server are free of computer viruses or other harmful material.

Le Potenza General Trading Co. PRODUCTS, services and materialS are provided on an “as is”, “as available” basis, without representation or warranties of any kind.

Le Potenza General Trading Co. shall not be responsible for any damage caused by User use or access to the Site.

Le Potenza General Trading Co., to the fullest extent permitted by law, disclaims any and all representations and warranties with respect to this website and its content, whether express or implied.

Without limiting the foregoing, Le Potenza General Trading Co. disclaims any and all warranties, express or implied, for any merchandise or product offered on this site. This disclaimer does not apply to any product warranty offered by the manufacturer of the item.

Without limiting the foregoing, Le Potenza General Trading Co. disclaims any liability as to the accuracy or completeness of each item description. All product descriptionS originate WITH the manufacturer of the item.

Unless otherwise specified by law, in no event shall Le Potenza General Trading Co., its partners, affiliates or other companies under its trademark, shareholders, directors, officers, legal advisers, employees or agents, or any third parties mentioned in the website content, be liable to you or any third person or company for any damage resulting from use of or inability to use material on this website or sites linked to this website, even if Le Potenza General Trading Co. is advised of the possibility of such damages.

Le Potenza General Trading Co. disclaims any responsibility for data collection law compliance not exclusively binding upon the Company.

You acknowledge that you use this website at your own risk.

LANGUAGES

These terms and conditions have been drafted in English and may be translated into other languages on the Site. In the event of a discrepancy between the English and translated texts, the English text shall prevail and shall be used to resolve any doubts arising in respect of interpretation and or application of these terms and conditions.

SEVERABILITY

Any provision of these Terms of Service, conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalid, illegal, unlawful or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

If any provision(s) of these Terms of Service is held by a court of competent jurisdiction or authorized arbitration body to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Failure by Le Potenza General Trading Co. to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Le Potenza General Trading Co. in writing.

User and Le Potenza General Trading Co. agree that any cause of action arising out of or related to these Terms and Conditions or any Service or product must commence within one (1) year; otherwise, such cause of action is permanently barred, and User and Le Potenza General Trading Co. forever waive any such cause of action.

TERMINATION

Le Potenza General Trading Co. in its sole discretion may terminate this Agreement, access to the Le Potenza General Trading Co. Site, the Products or Services, or any current fixed sales price immediately

NO WAIVER

Any failure or delay by Le Potenza General Trading Co. in exercising any provision of the Agreement shall not constitute a waiver of any of its rights or remedies under the Agreement.

Any waiver by Le Potenza General Trading Co. of any breach of or any default under the Agreement by the User shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Agreement.

If you are not satisfied with these Terms and Conditions, you should not use this website and our services.

ONLINE SALE TERMS AND CONDITIONS AGREEMENT

Le Potenza General Trading Co., hereby establishes the Online Sale Terms and Conditions under which it offers the Products for sale to online customers.

Buying from this website, you agree expressly to the terms and conditions contained herein.

Theses Sale Terms and Conditions supersedes any provisions, confirmation, or other writing the customer may give or receive.

The relationships between the contracting parties shall be governed exclusively by the provisions contained in these Sale Terms and Conditions.

PRICE

All prices stated on our website do not include any charges for packaging, freight, transportation, custom duties, tariffs, import, export or other taxes, additional services, insurance or any other charges relating to the transportation and shipment to or use by customer of the Products sold hereunder.

Such charges and/or taxes shall be the sole responsibility of and shall be borne exclusively by the Customer.

Wherever applicable, any such charges and/or taxes will be added to the invoice as a separate charge to be paid by customer upon checkout.

In the event that the Le Potenza General Trading Co., is required to pay any such charges and/or taxes, customer agrees to reimburse seller for any amounts so paid upon demand.

PAYMENT TERMS

The followings terms and conditions govern the payment terms under which the customer can purchase all Products after their order.

Le Potenza General Trading Co., reminds you that you will not be charged until your payment method is authorized, and your order is verified for accuracy.

The purchase price and all applicable charges and taxes shall be payable by Customer upon placing an order online.

All payments due to seller hereunder shall be paid in accordance with these Terms and Conditions.

Seller currently accepts payments made with the major credit cards, PayPal, and bank transfer.

Orders in which the payment is made by bank transfer will not be shipped until the payment has been received or the Customer sends receipt or proof of payment.

Le Potenza General Trading Co., reserves the right, in its sole discretion, to change payment methods and payment terms, for any reason and without any notice or explanation.

DATA PROTECTION

Customer gives its explicit consent to the processing of its personal data, such as name, address, telephone number, e-mail address, bank details, AND/OR OTHER PERSONALLY IDENTIFIABLE INFORMATION for purposes connected with the carrying out of the Contract with Seller.

Seller and Customer agree that they will comply with their respective obligations under any data protection laws that apply.

LIMITATION OF LIABILITY

In no case or circumstances shall Le Potenza General Trading Co., be liable for damages of any nature, including, without limitation, ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR any lost revenues, profits or business of customer or its customers, agents and distributors, resulting from, arising out of or in connection with, any sale, manufacture, distribution or any use of any goods OR PRODUCTS or for any failure of supply of any goods OR PRODUCTS for any reason, whether or not Le Potenza General Trading Co. has been advised of the possibility of such damages.

BUYER SHALL BE RESPONSIBLE FOR ENSURING ANY POST-PRODUCTION COMPLIANCE OF ANY GOODS WITH STATE OR LOCAL OR INTERNATIONAL LAWS, INCLUDING ANY POST PRODUCTION LABELING.

INDEMNITY

The Customer shall indemnify Le Potenza General Trading Co. against all costs, claims, demands and expenses arising in connection with any liability whatsoever, which may be made against the Company or which Le Potenza General Trading Co. may sustain, pay or incur in connection with the Services, goods or product so long as such costs, claims, demands, and expenses are not due to any willful or negligent act or omission of Le Potenza General Trading Co. or its servants or agents.

INDEPENDENT CONTRACTORS

Seller and Customer are independent contractors under this agreement. Nothing contained in this agreement is intended nor is to be construed so as to constitute the parties as partners or joint venturers with respect to this agreement. Neither party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party to any other contract, agreement or undertaking with any third party.

NO BENEFIT TO THIRD PARTIES

No term of the Contract shall be enforceable in any way by any person that is not a party to it.

SEVERABILITY

If any part of these Terms and Conditions shall be held unenforceable, the remainder hereof shall nevertheless remain in full force and effect and, to the extent permissible under applicable law, such unenforceable provision or provisions shall be deemed revised to the minimum extent possible to permit enforcement of such provision on terms as near as possible to such provision as originally drafted.

APPLICABLE LAWS

User acknowledges and agrees that in case any dispute, ambiguity or claim arising out of or in connection with this Agreement, the Parties hereto shall first attempt to resolve it amicably. Otherwise, disputes shall be settled by arbitration:

  1. Under the applicable Kuwait Civil and Commercial Procedures Law Arbitration;
  2. By three arbitrators, one appointed by each Party, and the third who shall be the chairman, selected by the two appointed arbitrators;
  3. The language of Arbitration shall be Arabic

The place of Arbitration shall be in Kuwait.

The Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of Kuwait.

 

 

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