Terms and conditions
Welcome to Simon Bolivar. These are the terms and conditions governing your access to and use of the website Simon Bolivar and its related sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with Simon Bolivar ("we", "us" or "Simon Bolivar") in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
Simon Bolivar wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore, membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of Simon Bolivar under this User Agreement or at law, Simon Bolivar reserves the right to limit or withdraw access to the Site or the membership of any person if Simon Bolivar believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by Simon Bolivar. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
On becoming a member of the Site, you agree:
You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify Simon Bolivar of any unauthorized use of your password or account or any other breach of security. In no event will Simon Bolivar be liable for any direct, indirect or consequential loss or loss of profits, good will or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse Simon Bolivar for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorized such access.
You will provide true, accurate, current and complete information about yourself as prompted by Simon Bolivar's registration form (the "Registration Data").
You will not include: the word "Simon Bolivar" in your registration user ID.
You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Simon Bolivar has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of Simon Bolivar under this User Agreement or at law, Simon Bolivar has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
Simon Bolivar may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to Simon Bolivar upon such requests. You acknowledge and agree that if you do not, Simon Bolivar without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
You agree that we may communicate with you by email or by posting notices on the Site. 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. Simon Bolivar requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
You acknowledge and agree that Simon Bolivar shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that Simon Bolivar at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
Simon Bolivar is not an auction house nor a bank, and does not offer auction or banking services. The Site is an online platform allowing for the sale and purchase of items between end-user sellers and buyers.
Membership on the Site is free. Simon Bolivar does not charge any fee for browsing.
Simon Bolivar may choose to temporarily change the fees for our services for promotional events (for example, free shipping days) or new services, and such temporary changes are effective in accordance with their terms when we post them on the Site.
Unless otherwise stated, all fees shall be quoted in your country's currency. You must pay all fees payable to Simon Bolivar (and any applicable taxes or charges) within 30 days of the date of any invoice to you from Simon Bolivar with a valid payment method as set out in our Fees & Credit Policy.
By accepting the Terms, you confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times.
You agree that in using the Website you will not:
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either Simon Bolivar, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of Simon Bolivar and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
"Simon Bolivar" and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of Simon Bolivar and are protected by international trademark and other intellectual property rights and laws. Simon Bolivar's trademarks may not be used in connection with any product or service that is not Simon Bolivar's nor in any manner that disparages or discredits Simon Bolivar. All other trademarks not owned by Simon Bolivar that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Simon Bolivar.
Please report problems of any kind or violations of this User Agreement to Simon Bolivar. If you believe that your intellectual property rights have been violated, please notify Simon Bolivar. Without prejudice to any other rights and remedies of Simon Bolivar under this User Agreement or at law, Simon Bolivar may limit, suspend or withdraw a user's access to the Site and/or a user's membership of the Site or remove hosted content. Also, Simon Bolivar can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
Simon Bolivar has a "Buyer Protection Program" which seeks to assist buyers to ensure their purchase is protected against fraud. If a buyer has purchased an item by way of any of the Simon Bolivar’s SafePay processes and never received it or received an item worth significantly less in value compared to what was described by Simon Bolivar, the buyer may seek protection under the Buyer Protection Program. The Buyer Protection Program involves reimbursement by Simon Bolivar to the buyer of the value of the item only. To be eligible under the Buyer Protection Program a buyer needs to file a complaint with Simon Bolivar within 48 hours of receiving (or not receiving) the relevant item. Simon Bolivar will investigate the matter and if it has been determined (by Simon Bolivar in its sole discretion) that the seller has intentionally defrauded the buyer in relation to the item for which Simon Bolivar has reimbursed the buyer, Simon Bolivar may limit, suspend or withdraw the seller's access to the Site and/or the seller's membership and Simon Bolivar may charge the seller for Simon Bolivar's costs in reimbursing the buyer and for any handling and shipping (in accordance with the Fees & Credit Policy . Simon Bolivar reserves the right to take such further steps as it considers necessary including without limitation legal action. You acknowledge and agree that if any item returned to Simon Bolivar by a buyer is illegal or otherwise unlawful that Simon Bolivar may in its sole discretion destroy the item or take any other steps as it considers necessary.
Shipping fees for returned Items :
1) Return item due to Simon Bolivar fault (Item is not as described – item defective - incomplete ... etc.)
Once received, return packages are processed within 24 hours. The time to post a credit to your account can vary and is determined by the issuing bank. Please contact the issuing bank for details.
When an exchange is requested, it is completed in two steps:
1) A store credit is issued for the item(s) returned.
2) A new order is processed for the item(s) requested in exchange.
-Buyer pays the Delivery and Shipment Fees
2) Return item due to Buyer's Fault (* Item in the original state & condition when purchased and received.)
In this case Simon Bolivar don't accept to return or exchange products due to hygienic reasons.
Simon Bolivar does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.
Without prejudice to any other rights and remedies of Simon Bolivar under this User Agreement or at law or otherwise, Simon Bolivar may immediately and without liability: limit your activity, limit or withdraw your membership, and/or limit or
withdraw your access to the Site:
If you breach this User Agreement;
If Simon Bolivar is unable to verify or authenticate any information you provide; or
If Simon Bolivar believes (in its sole discretion) that your actions may cause legal liability for you, other users or Simon Bolivar.
Simon Bolivar may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with Simon Bolivar or use the Site in any manner whatsoever until such time that such user is reinstated by Simon Bolivar. Notwithstanding the foregoing, if you breach this User Agreement Simon Bolivar reserves the right to recover any amounts due and owing by you to Simon Bolivar or any losses and damages caused by you to Simon Bolivar and to take such steps including legal action and/or the initiation of criminal proceedings against you as Simon Bolivar in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of Simon Bolivar's right to take any actions with respect to that, or subsequent or similar breaches. Simon Bolivar does not guarantee that it will take action against all breaches that there may be of this User Agreement.
Without prejudice to any other rights and remedies of Simon Bolivar under this User Agreement or at law or otherwise, Simon Bolivar may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
Simon Bolivar provides the Site and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. Simon Bolivar makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Simon Bolivar makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that Simon Bolivar has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.
To the extent permitted by law, Simon Bolivar, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not Simon Bolivar has been advised of the possibility of such losses or damages).
If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to Simon Bolivar and Simon Bolivar shall treat any such unauthorized use as subject to the terms and conditions of this User Agreement.
You agree to indemnify and hold Simon Bolivar and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and Simon Bolivar and you shall have no authority to bind Simon Bolivar in any manner whatsoever.
If any dispute, claim, controversy or difference (including in relation to any tortuous or statutory claim) ("Dispute") arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute.
You hereby grant Simon Bolivar the right to, and irrevocably acknowledge and agree that Simon Bolivar may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. Simon Bolivar agrees to use all reasonable endeavors to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of Simon Bolivar, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of Simon Bolivar.
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and Simon Bolivar with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
This User Agreement is governed by, and construed in accordance with, Kuwait law. This clause will survive any expiry or cancellation of this User Agreement for any reason.