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Terms & Conditions

Last updated [August 24, 2021]

Please read the Terms of Service below carefully as they contain important information regarding your obligations and legal rights related to your use of the SMD Graphics website.

These terms (the “Terms” hereinafter) govern the use of the SMD Graphics website which is operated by Sulaiman Najeeb Al Musallam Establishment for General Trading (hereinafter referred to as “SMD Graphics” or “we”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately. SMD Graphics Privacy Policy are incorporated herein by reference and are a part of these Terms.

These Terms, including the Privacy Policy, are the entire agreement between you and us regarding the Site Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us.

We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

1. User Account:

  • Registering new Accounts by bots and other automated methods are not allowed.

  • You are required to provide your full name, your complete home address, a valid phone number and any other information requested to ensure you receive your order.

  • You agree to keep your password confidential and will be responsible for all use of your account and password.

2. Termination:

  • We reserve the rights to refuse any potential client if we find that they are disrespectful or causing any sort of pressure or problems to the business or staff.

  • We have the sole discretion to cancel any order or issue a refund (full or partial).

  • We may suspend, disable, or delete your account if we determine that you have violated any provision of this Agreement or that your conduct or content or intent would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register. We may block your email address to prevent further registration.

3. Orders:

  • Customers must double-check their order details before placing the order, including race number, rider name, number font, and any required information. We will not be responsible for reprinting the order in full or partial if there was an error in any of the choices or information provided.

  • Customers must contact us if their vehicle needs any adjustments to a modified body part and upload their vehicle picture using the image uploader before adding the design to their cart.

4. Return & Refund Policy:

  • All Motorsports graphics are printed on demand.

  • If you feel like you have received an inferior product, please contact us.

  • If your order was damaged during shipment, please contact us.

Refund Terms:
 
  • Orders canceled before any design or printing has been started will be refunded completely. In addition, 100% of shipping charges will be refunded.

  • Orders canceled after being designed and before printing has been started will be refunded at 90%. In addition, 100% of shipping charges will be refunded.

  • Orders canceled after being designed and sent to print but that have not yet been printed will be refunded at 80%. In addition, 100% of shipping charges will be refunded.

  • Orders canceled after being printed will not be subject to any refunds. The order will be shipped and delivered without cancellation.

5. Edit Request:

  • Edit Requests will be limited to only two edits.

  • Extra edit requests will be subject to extra charges.

  • Orders canceled before any printing has been started will be subject to a 100% design fee.

  • Orders that are canceled after printing has started will not be subject to any refunds.

6. Care Of Graphics:

Customers are required and responsible for taking care of their purchased graphics in the following ways:

  • Make sure their vehicle is clean and oil-proof before installing the graphics.
  • Install the graphics at professional shops to ensure the correct placement of the sticker parts.
  • Cut any area hanging out of the vehicle body manually using a blade (those areas need to be trimmed to ensure they don't collect dust, water, or get lifted from water pressure or any external friction.)
  • Double-check all sticker parts after a day of installation.
  • Make sure not to park the vehicle under direct sunlight for more than a day.
  • Make sure not to expose the graphics to harmful chemicals such as gasoline. If exposed, wash with soap water immediately.

7. Copyright:

  •  All content included in or made available through SMD Graphics, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software are the property of SMD Graphics. The complication of all content included in or made available through SMD Graphics is the exclusive property of SMD Graphics and protected by international copyright laws.
  • The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means without written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on SMD Graphics may violate copyright, trademark and other applicable laws.

8. Trademarks:

  • Graphics, logos, page headers, button icons, scripts, service and trade names included in or made available through SMD Graphics are trademarks or trade dress of SMD Graphics in Kuwait and other countries. SMD Graphics trademarks and trade dress may not be used in connection with any product or service that is not SMD Graphics, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits SMD Graphics. All other trademarks not owned by SMD Graphics that appear in any SMD Graphics service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SMD Graphic.

9. Governing Law:

  • Except to the extent applicable law provides otherwise, these Terms and conditions shall be governed by and construed in accordance with the laws of Kuwait, including its conflicts of law rules.

10. Dispute Resolution:

  • Dispute Resolution and Notification. In the event you and SMD Graphics have a dispute, each user agrees to notify the other party of such dispute and attempt to negotiate an amicable and informal resolution first. Any dispute arising from or relating to the subject matter of these Terms shall be governed by and construed in accordance with the laws of Kuwait.

11. Disclaimer of Warranty:

  • Disclaimer. SMD GRAPHICS PROVIDES THE SITE AND THE SERVICE “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SMD GRAPHICS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE AND THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT.

  • No Warranties. SMD GRAPHICS makes no representation or warranty that the information we provide or that is provided through the Service is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, content or other material obtained from the Service.

12. Limitations of Liability:

  • TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SMD GRAPHICS BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (I) THE USE, DISCLOSURE, OR DISPLAY OF YOUR GENERATED CONTENT; (II) YOUR USE OR INABILITY TO USE THE SERVICE; (III) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (IV) ANY OTHER INTERACTIONS WITH SMD GRAPHICS OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SMD GRAPHICS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SMD GRAPHICS WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL. We will not be liable for damages or losses arising from your use of the service or arising under these Terms.

13. Indemnification:

  • You agree to indemnify and hold harmless SMD Graphics from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site and the Service, including but not limited to your violation of these terms.

14. Force Majeure:

  • We will not be liable for any failure to perform our obligations under this Agreement if such failure is due to any cause beyond our control.

15. Electronic Communications:

  • When you use SMD Graphics or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail or text.You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

16. Submissions:

  • You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

17. Modifications:

  • We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

18. Contact Us:

In order to resolve a complaint regarding SMD Graphics or to receive further information regarding use of the Site, please contact us at:

 

Sulaiman Najeeb Al Musallam Establishment for General Trading

Kuwait – Hawalli

+965 99073372

Sulaiman@SMD-Graphics.com