1. AGREEMENT AND SELLERS

1.1By submitting an Order through the Marketplace, the Customer agrees to be bound by the Agreement. It is strongly advisable, and it is the Customer’s sole responsibility, to read the Agreement before submitting any Order on the Marketplace. In addition, X-cite reserves the right to change the terms of the Agreement at any time. Any such changes will be deemed to have taken effect when posted on the Marketplace.

1.2To submit an Order, the Customer must create an Account on the Marketplace. For more information on the Account creation, the Customer must refer to the Site Terms of Use. X-cite reserves the right to cancel any Order and close an Account, in case the Customer breaches the Account creation terms as set out in the Site Terms of Use.

1.3The Products made available through the Marketplace are either sold by X-cite or the Sellers as indicated in the Product Description. Products sold by Sellers may be subject different terms in addition to the ones specified to them in the Agreement. It is the Customer’s responsibility to check those different terms before submitting its Order of such Products.

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 X-cite 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, X-cite 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 X-cite 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 X-cite or the Seller (as the case may be) until the payment of the Product is made and received in full. X-cite 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 X-cite’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 X-cite 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. Alghanim 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 X-cite, X-cite 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 X-cite.

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 X-cite reserves the right to change the release date as it deems fit without any liability toward the Customers. Furthermore, X-cite reserves the right to cancel all pre-Orders without any liability to the Customers except for the refund of their payment as per X-cite’s refund terms.

5. EASY CREDIT

5.1 For the Products sold by X-cite, X-cite may through one of Alghanim’s companies, at its 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 X-cite.

6. TRADE-IN

6.1 For the Products sold by X-cite, X-cite 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 X-cite.

7. DISCOUNT COUPONS AND GENERAL PROMOTIONS

7.1 from time to time and as part of X-cite promotional activities, X-cite 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 X-cite 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 X-cite.

7.2 Unless otherwise stated in writing, the discount coupons are redeemable only for the Products sold by X-cite 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

7.4X-cite 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 X-cite will be covered under minimum one (1) year manufacturing warranty. the Customer acknowledges and agrees that X-cite’s liability under this warranty is strictly limited to the repair or replacement of the Product, at X-cite’s sole discretion, as deemed appropriate. The below terms apply to the warranties of all Products sold by X-cite:

• A) No warranty covers the repairs caused by negligence, abuse, misuse, improper installation, breakage, and spillage of liquids, and other repairs arranged outside the authorized service center of the Products’ brand.
• B) No warranty includes service calls to repair or replace, filters (all types), remote controls, disposable dust-bags, batteries, hoses (all types), heads accessories (all types), shelves, handles, drawers, cleaning products, plastic parts, antennas, wheels, bottom switches, broken parts, handles, burned lamps, carrying cases, adapter.
• C) No warranty covers the content, game software, ink and toys.
• D) No warranty covers loss of any personal data saved on the Product, whether during any check-up or repair or otherwise.
• E) The compressors of the cooling systems (Freezers, Refrigerators, Window type Air-Conditions, Chest Freezers, Water Coolers) are covered under a 5 years’ manufacturing warranty. This does not include the water dispensers that carries a one-year warranty.

8.2 In addition, for the Products sold by X-cite, X-cite may provide the Costumers with the option of purchasing an extended warranty program that it is subject to a separate set of terms. The additional warranty does not cover the labor charges, transportation, consumable materials, which should be paid by the Customer.

8.3 The Customer acknowledges and agrees that any repair of Products done after the lapse of the warranty period will be charged. In addition, any provided repair service out of warranty will be covered in other warranty for a period of one month after it has been returned to the Customer (or the first attempt to return it to the Customer), in relation to the same failure the Product was repaired.

8.4 The invoice value will be depreciated on the following rates:

• A) From invoice date until six months, no depreciation.
• B) Six months to one year, 10%.
• C) Second year, 25%.
• D) Third year, 35%.
• E) Fourth year, 45%.
• F) Fifth year, 55%.

8.5 The below events or items are excluded from warranty coverage for LCD, Plasma TVs, DLP Projectors and LDP TVS:

• A) The mechanical failure resulting from the improper installation, tampering with components or software/firmware update by an unauthorized repair center.
• B) Physical damage to any part of the TV for any reason including but not limited to water or moisture damage, improper usage of the Product, dropped Product, collision with another object, transportation damage, damage to the outside casing, abuse, misuse, neglect, vandalism, accidents, collapse, spillage of any kind, fire, flood, corrosion, rust, sand, dirt, lightning, freezes, storms, theft, intentional or accidental damage.Six months to one year, 10%.
• C) Mechanical failure of any part of the TV resulting from physical damage to the TV, abuse, neglect or spillage, battery leakage, intentional or accidental damage, electrical service, environmental conditions.
• D) The lifetime of lamps & CRTs; dimming lamps; exploding lamps, weak CRTs, in addition to the incorrect installation of an incorrect lamp in a DLP, LCD rear projection TV, or LCD projector.
• E) Televisions with removed or altered serial/model numbers.
• F) Plasma & CRT burn-in (sticky) images caused by prolonged display of one or more signals or video games, or other abuse
• G) All Products that are used in commercial operations or purposes or provided for public use or rental.Televisions with removed or altered serial/model numbers.
• H) Burnt pixels; black dots or bright points that may appear constantly on a screen of an LCD or plasma TV (LCD & Plasma TVs have up to 2 million colored pixels display; within common industry standards between 1 and 7 burnt pixels will not be considered as a manufacturing defect).
• I) Spoiled, deformed, or scratched screens and/or reflective coatings on screens and lenses due to misuse or being rubbed by any chemicals or substances.
• J) Televisions that are installed in an outdoor open area, or either by a swimming pool or in a coffee shop due to harsh environmental effects like high temperature, dust, humidity, or smoke exposure.

8.6 All Products for which X-cite is the distributor or the agent of and that are sold by X-cite, can be replaced with new Products, if during the manufacturing warranty period the X-cite service center is not able to repair. Such inability should be stated in the X-cite technical report. And in case the same model is not available, the Customer may select another model as provided by X-cite and paying the difference in prices if any.

9. DELIVERY

9.1 This Article 9 applies only for Products sold by X-cite or sold by Sellers, but the delivery is fulfilled by X-cite, in other case the Sellers’ delivery terms will apply. X-cite 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 X-cite’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 X-cite’s warehouse, and the Customer must contact the X-cite customer care to schedule another delivery. In case the Customer does not contact the customer care within a reasonable time to be decided by X-cite 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. X-cite 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 X-cite will procure reasonable effort to deliver the Orders within the estimated delivery time and preferred time; however, X-cite 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. The below terms are provided for indication only:

• A) Large Home Appliances, Televisions and items requiring installation can be delivered only during the day shift which is up to 4PM.
• B) 3-Hour Express Delivery:

A 1.000 KD delivery charge applies which is non-refundable in the event of wrong delivery details or the Customer being unreachable via the provided contact number.

Delivery performed under 3-Hours Express Delivery cannot be rescheduled. If a reschedule is required, please contact X-cite call center on 1803535 and the Order will be deferred to the regular delivery schedule.

The 3-Hour Express Delivery is not available for the following areas:

- Al Wafrah

- Sabah Al Ahmad

- Nuwaiseeb

- Khiran

- Port of Shuaiba

- Mina al zour

- Bnaider

- Al-Julaia'a

- Dubaeya

- Mina Abdullah Refine

- Mina Abdullah

- Ali Sabah Al Salem

- Umm Al Hayman

- Al Khiran Pearl City

- West Industr Shuaiba

- Shuaiba

- Shalayhat Al Dubaiya

- Residential Khairan

- Sebya

- Om Al Naqui

- Umm al Aish

- Shumaymah

- Al Maghasil

- Kabed

• C) 1-Hour Super Express Delivery:

A 1.500 KD delivery charge applies which is non-refundable in the event of wrong delivery details or the Customer being unreachable via the provided contact number; however, the charge will be refunded if delivery takes place later than the promised time.

Delivery performed under 1-Hour Express Delivery cannot be rescheduled. If a reschedule is required, please contact X-cite call center on 1803535 and the Order will be deferred to the regular delivery schedule.

1-Hour Express Delivery is not available for the following areas:

- Al Wafrah

- Sabah Al Ahmad

- Nuwaiseeb

- Khiran

- Port of Shuaiba

- Mina al zour

- Bnaider

- Al-Julaia'a

- Dubaeya

- Mina Abdullah Refine

- Mina Abdullah

- Ali Sabah Al Salem

- Umm Al Hayman

- Al Khiran Pearl City

- West Industr Shuaiba

- Shuaiba

- Shalayhat Al Dubaiya

- Residential Khairan

- Sebya

- Om Al Naqui

- Umm al Aish

- Shumaymah

- Al Maghasil

- Kabed

- Ali Al Salem Airbase

- Abdali

- Al Matla`

- Salmy

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 21 years or over. The Customer must ensure to give the correct delivery address that will enable prompt and timely delivery to the Customer which should at least include the governorate, block number, street number building number, the contact person 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 X-cite customer service center by clicking click here.

9.9 The Customer will be informed of the status and time of its delivery. X-cite will try to contact the Customer before scheduling delivery to provide information on delivery timings. X-cite 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 one (1) month as of the purchase date and in this case, X-cite 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 X-cite. The X-cite 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 X-cite later.

10.2 The below terms apply for air-conditioners installation:

• A) The company is not responsible for dismantling or installing old units from the customer’s home and does not install the new unit with old gas pipes.
• B) The company is not responsible for the work of crushing, drilling, opening ceilings, aluminum, glass, and corrugations. (It is the client’s responsibility to prepare the installation location).
• C) The company is not responsible for any damage that occurs during the installation of any hidden and unreported extensions inside the wall or ceiling, whether electrical, plumbing or other extensions.
• D) The customer must install a PVC pipe (sleeve) inside the raft with a diameter of no less than 3 inches when he requests that the pipes be installed in a hidden and invisible way inside the wall.
• E) The maximum installation height of the outdoor unit is 3 metres.
• F) The distance between the indoor unit and the electricity point must not exceed one and a half meters.
• G) Air conditioning units, size 18,000 to 36,000, equipped with gas pipes 5 meters long for free. The customer pays an additional cost of 6 KD for each additional meter.
• H) Air conditioning units size 12,000 or less are equipped with gas pipes 3 meters long for free. The customer pays an additional cost of 5 KD for each additional meter.
• I) Air conditioning units size 36,000 or larger require an external power supply point of 30 amps.

10.3 The X-cite installation team will not penetrate glass, ceilings, or aluminum barriers for safety and maintenance reasons.

10.4 X-cite currently does not offer any installation services for water heaters.

10.5 Televisions (An installation charge of 5 KD applies for TVs between 32-inch and 43-inch).

11. RETURN AND REFUND

11.1 For the Products sold by X-cite, X-cite 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, and
• 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 X-cite at its sole discretion and except if the Customer had been informed of and accepted such defect, X-cite 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 X-cite may reject the return or exchange of any Products sold under discount or promotional sales. X-cite reserves the right of not accepting the return or exchange of certain Products, even if they comply with the above rules, that come in contact with the skin or it is considered sensitive such as such as digital cards, games, software, CDs, inks, toys, personal care products, watches, food items, beauty products, undergarments or as per the applicable laws. Notwithstanding the aforementioned, X-cite 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 X-cite 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 X-cite, the return of a Seller Product will be sent back to the Seller instead of X-cite. 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 X-cite 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 X-Cite. The Customer will have to add items to its cart and complete its Order through the X-cite checkout process. Payment for the Sellers’ Order processes immediately. X-cite 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 X-cite immediately.

12.3 The Products Description will include information about who will fulfil the Order. If the Order is not fulfilled by X-cite, 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, X-CITE AND ALGHANIM 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 X-CITE, 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 Alghanim, 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 Alghanim 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. Alghanim’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. Alghanim 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 X-cite 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 X-cite. X-cite may assign or delegate any third party as it deems fit. Furthermore, X-cite 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) “Alghanim” mmeans the group of companies composes of X-cite and all its Affiliates under Alghanim Industries;
• E) “Applicable Law” Tmeans, 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 X-cite or any of Alghanim’s companies which is to be concluded at certain X-cite’s showrooms and subject to additional terms and conditions;
• K) “Marketplace” means the online e-commerce platform made available by Alghanim on the website, the primary home page of which is identified by the url www.xcite.com and any mobile device application or desktop application, developed by Alghanim 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;
• M) “Privacy Notice” means the set of terms and conditions that regulates the data privacy on the Marketplace, available on https://www.xcite.com/privacy ;
• N) “Product” means the product displayed and sold by X-cite or a Seller on the Marketplace;
• O) “Product Description” means the information related to a Product as displayed and sold on the Markeplace;
• 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 X-cite which is to be concluded at certain X-cite’s showrooms and subject to additional terms and conditions; and
• S) “X-cite” means X-cite General Trading Co. SPC.