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Terms & Conditions


Aney – Website and App Terms of Use
Last updated: 22-October 2022
  1. INTRODUCTION
    • Our website, www.aney.com and App (together, our “Site”) are provided by Aney. We are limited liability company registered in the Kingdom of Saudi Arabia (“KSA”) under licence number 1010829413, with its office located at 2620 Mecca Al Mukarramah Road, Al Maathar Al Shamali District,6075.
    • These Terms of Use (“Agreement”) constitute the agreement between you, the end user (“you”, “your”), and us in regard to your use of the Site, regardless of the manner in which you access or use the Site.
  2. ACCEPTING THIS AGREEMENT
    • If you want to use this Site, you must carefully read this Agreement, because it constitutes a written contract between you and Aney and it affects your legal rights and obligations. Each time you access and/or use the Site, you agree to be bound by and comply with this Agreement. Do not use the Site if you do not agree to all of the terms of this Agreement.
  3. PRIVACY
    • We process information about you in accordance with our Privacy Policy, available at [include link]. By using our Site, you agree to such processing.
  4. DESCRIPTION OF SERVICES; LIMITATIONS
    • Our Services. Aney owns and operates an e-commerce platform that allows business users as well as Aney to offer and sell products, and individual and business entities to buy a variety of products. From time to time we may provide additional Services, including (without limitation) providing online communication tools to help you contact our customer support team, connecting you with delivery or other logistics partners or advertising services. Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.
    • Limitations of our Services. If you are a supplier or purchaser using the Aney Site, please refer to the relevant Vendor Terms and Conditions, Terms of Sale and Supply of Goods Agreement, as applicable, in relation to the sale and purchase of products on the Site. Aney offers an online platform that among other things enables businesses to purchase products from Aney or other third parties, and allows suppliers to list their products for sale on the Aney Site. Aney does not verify the information published by third parties on the Site and cannot reasonably verify the authenticity or completeness of such information.

      Any content provided by a third party is generated by such user, and we do not control or vet such information for accuracy as a general matter. Aney does not assume any responsibility for the accuracy or reliability of any information provided by any user. Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by Aney, are those of their respective authors. Such authors are solely responsible for such content. Aney does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service or any other venue, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service or any other venue. Under no circumstances will Aney (or any of its officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, resellers, or employees, hereinafter “Affiliates”) be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any user of the Site, Service, or any other venue.

      To the maximum extent permissible under applicable law, you hereby irrevocably waive any right you may have to bring a claim against Aney, and Aney and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or disputes that have arisen or may arise, whether known or unknown, therefrom.

  5. YOUR ACCOUNT
    • Creating your Account. To create an account, you must provide your account details and create a unique password, which you will then use to log in to the Site (“User ID”). When creating an Account, you agree to: (i) provide true, accurate, current and complete information as requested (together with User ID, the “Account Information”) and (ii) promptly maintain and update such Account Information (as applicable) to keep it true, accurate, current and complete at all times. If the Account Information you provided is untrue, inaccurate, misleading or outdated, we have the right to suspend or terminate your access to, or use of, your Account immediately with or without notice. By creating an Account, you represent that the individual acting on behalf of the business organisation has the authority to bind the business organisation.
    • You shall be solely responsible for your Account.
      • You, as the creator of your Account and Account Information, are solely responsible for your Account and Account Information. You are not permitted to upload offensive or obscene Account Information, as determined by us in our sole discretion. If an Account violates any part of this Agreement, we may immediately, temporarily, or permanently ban such an Account or change the Account Information associated with such Account, with or without notice. You represent and warrant that you own or otherwise control all of the rights to the content that you post on the Site and that the content you post is accurate and does not violate any applicable laws.
      • Please note that you are responsible for maintaining the confidentiality and security of your Account and password at all times, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. To the maximum extent permitted by applicable law, you will be deemed as the person who uses the Account, and any acts made by the Account will be deemed as your acts. You are solely responsible for all activities and transactions that occur under your Account no matter who actually uses the Account, and we are not responsible for any misuse or use of your Account, including without limitation in the event that your password is stolen or revealed to a third party and/or used for transactions. You agree to immediately notify us of any misuse of your Account or any other breach of security in relation to your use of the Site that is known to you. You agree to accept all risks of misuse of and unauthorized access to your Account and to hold us and our affiliates harmless from and against any misuse of your Account or your Account Information, including, but not limited to, improper or unauthorized use by someone to whom you revealed your password.
    • Retrieving your Account. If you request to retrieve your Account when your access to the Site is denied due to the loss of Account Information or forgotten password, you are required to provide certain information according to the account retrieval process which we in our sole discretion implement on the Site, and to ensure that all such information is legitimate, truthful and valid. Your Account may not be retrieved if the information or documentation provided by you fails our security verification, and you are solely liable for any and all risks and losses arising therefrom.
  6. YOUR USE OF OUR SITE
    • Access to and use of the Site. You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection or your Account are aware of this Agreement, and that they comply with them.
    • Licence grant to user. Subject to your compliance with this Agreement, Aney hereby grants to you, a worldwide, revocable (in the circumstances set out in this Agreement), royalty-free, non-assignable, non-sub-licensable, non-transferrable, and non-exclusive licence to use the Site (the “Site Licence”). The Site Licence is granted to you for the sole purpose of enabling you to use and enjoy the Site in accordance with this Agreement. As set forth below, the Site Licence does not provide you with title to or ownership of the Site (or any component thereof or rights therein), but only a limited licence to use the Site in accordance with this Agreement and subject to the use restrictions described herein.
    • Licence grant by user. You have the right, and hereby grant to Aney, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display, reproduce, adapt, modify and distribute any information and content uploaded by you and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that use of such content by Aney will not infringe or violate the rights of any third party.
    • Acceptable use restrictions. Your use of our Site is subject to this Agreement and applicable laws and regulations. You shall not:
      • use our Site if you are not fully able and legally competent to agree to this Agreement;
      • use our Site unless in compliance with applicable laws and this Agreement;
      • modify, translate, adapt, disassemble, decompile, reverse engineer, or create any derivative works based on our Site (or any portion thereof), including any files, documentation or tables or determine or attempt to determine any source code, methods, techniques or algorithms embodied in the Site or any derivative works thereof;
      • distribute, licence, transfer or sell, in whole or in part, any of the Site or any derivative works thereof;
      • infringe our intellectual property rights or those of any third party in relation to your use of the Site;
      • market, lease or rent the Site (or any part thereof) for a fee or charge, or use the Site to advertise or perform any commercial solicitation;
      • interfere with or attempt to interfere with the proper functioning of the Site (or any part thereof), disrupt any networks connected to the Site (or any part thereof), or bypass any measures we use or may use to prevent or restrict access to the Site (or any part thereof);
      • use automated scripts to collect information from or interact with the Site (or any part thereof) in any way;
      • impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from us or our Site;
      • use the Site (or any part thereof) in a manner that may create a conflict of interest or undermine the purposes of the Site; or
      • collect or harvest any information or data from the Site or our systems or attempt to decipher any transmissions to or from the servers;
      • use the Site (or any part thereof) to upload, transmit, distribute, store or otherwise make available in any way:
        • files that contain viruses or other material that is malicious or harmful;
        • defamatory, obscene, offensive, hateful or inflammatory material;
        • any content that would constitute or encourage a criminal offence; or
        • content that, in the sole judgment of Aney, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose us or our users to any harm or liability of any type.
    • You understand, acknowledge, and agree that any violation of the foregoing provisions may in our sole discretion and judgment lead to us to terminate our business relationship with you and/or may subject you to criminal liability and/or liability for damages, costs, expenses, or fees (including attorney’s fees) incurred by Aney in enforcing its rights against you under this Agreement.
  7. UPDATES TO OUR SITE; AVAILABILITY
    • We aim to update our Site regularly, and may change the content at any time. We reserve the right to terminate or suspend your Account (including for, but not limited to, the reasons described at Section 6 above), suspend access to our Site, modify, adapt or update any service or content provided on the Site, or close the Site indefinitely, for any reason. We may remove material from our Site at our own discretion and without giving any notice. We do not promise to ensure that the Site remains available or that the material on the Site is kept up to date.
  8. LINKING
    • Linking to third party sites. The Site may provide links to other websites operated by third parties who are not related to, affiliated with or endorsed by Aney. These links are provided for your information only. Third party platforms are not governed by this Agreement but by other agreements or policies that may differ from this Agreement. In visiting any third party platforms, whether linked to on the Site or otherwise, you do so at your own risk and you assume all responsibility in that regard. We make no representations or warranties regarding, and do not endorse, any third party platforms or any content in such platforms. We encourage you to review the terms of use of each third party platform visited before using those platforms.
    • Linking to our Site. You may link to our Site, provided you do so in a way that is fair and legal, is non-deceptive and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
  9. TERMINATION
    • If you have violated any term of this Agreement, Aney reserves the right, at its sole discretion, to immediately suspend or terminate your access to all or part of the Site and to suspend or terminate your Account, with or without notice.
    • In any event, Aney also reserves the right, in its sole discretion, to terminate your access to all or part of the Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your Account, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
    • If your Account is suspected to be involved in illegal or improper activities (such as being hacked), you shall cooperate with (e.g., answer the questions truthfully) the relevant personnel designated by us to solve the issue. You further acknowledge and agree that, if we determine that your Account is involved in any improper or illegal acts, we have the right to suspend or terminate your access to the Account and take remedial measures. You also acknowledge and agree that we are not obligated to provide you with evidence relating to the suspected improper or illegal acts of your Account.
  10. INTELLECTUAL PROPERTY RIGHTS
    • You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the Site content, software and all HTML and other code contained in our Site shall remain at all times vested in Aney and/or its licensors and is protected by copyright and intellectual property and other laws. All intellectual property rights are reserved.
    • The Site and its contents are copyright-protected material and the copyright is owned by Aney unless stated otherwise. Without limiting the foregoing, copying the above listed materials to any other server or location for publication, reproduction or distribution is expressly prohibited. Generally speaking, trademarks appearing on the Site are either owned by Aney or Aney has obtained limited permission from the trademark owner to use the trademark on the Site. Any other third party trademarks remain the property of their respective owners.
    • If you wish to obtain permission to make use of any of the copyrights, trademarks or other rights or material that may be displayed on the Site from time to time, please contact us at contactus@aney.com. Aney shall not be responsible for seeking any additional authorization required for third party use of any trademark not owned by or licensed to Aney for such use.
    • Your unauthorized use of intellectual property rights owned by Aney or its licensors may violate copyright, trademark, privacy, publicity, communications, and other laws which may result in personal liability for you, as well as potential criminal liability.
  11. DISCLAIMERS; LIMITATION OF LIABILITY
    • You accept that our Site is offered on an “as-is” and “as available” basis. To the fullest extent permitted under applicable law, Aney and its Affiliates disclaim all warranties, express or implied (whether by statute, common law or the law of equity), including without limitation implied warranties of merchantability, fitness for a particular purpose, performance or suitability for your intended use, title and non-infringement as to the Site, including all information, content and materials contained therein. Aney takes every reasonable precaution and care in relation to our Site but we do not warrant that the provision of the Site or material displayed on it will meet your requirements, be uninterrupted, timely, secure or error-free, that defects will be corrected or that this Site is free of software viruses or bugs or other defects. We do not ensure that the information on this Site is correct and we do not warrant its completeness or accuracy. To the maximum extent permitted by law, and subject to Section 11.3, Aney disclaims any liability for any perceived false, misleading, incomplete, inaccurate, or otherwise defective content or misstatements or misrepresentations made by any users of the Site or any other venue. Users do hereby represent, understand and agree to hold Aney and its Affiliates harmless for any misstatements and/or misrepresentations made by or on behalf of them on this Site or in any other venue. Content is provided for informational purposes only, and Aney is not responsible for any reliance upon or use of the content by you or other users, or by any third party, which is accessed at your own discretion and risk.
    • Subject to Section 11.3, we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time (in each case whether direct or indirect) or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. To the extent permitted by applicable law, our total aggregate liability to you for all and any damages, losses or causes of action arising, by reason of or in connection with your use of our site (whether contractual, tortious or otherwise), shall be limited to SAR 100.
    • Nothing in this Agreement limits or excludes our liability: (i) for death or personal injury caused by our negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) in any way that is not permitted under applicable law.
    • You agree that where a breach of this Agreement will cause irreparable injury to Aney for which monetary damages would not be an adequate remedy and Aney shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
  12. GOVERNING LAW AND JURISDICTION
    • These Terms of Use (and any contractual and non-contractual rights or obligations arising out of or in connection with it) shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia.
  13. GENERAL PROVISIONS
    • Variation. Aney reserves the right to amend this Agreement at any time. Any changes we make to this Agreement will be posted on this page and where appropriate, notified to you by e-mail. We recommend that you review this Agreement from time to time as any changes we make will be binding on you.
    • Severability. If any provision in this Agreement is ruled invalid, unlawful, void or unenforceable by a court of competent jurisdiction, that provision will be removed from this Agreement without it affecting the rest of the Agreement and the remaining provisions of this Agreement will continue to be valid and enforceable.
    • Security. We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer program and platform to access our Site. You should use your own virus protection software.
    • No Waiver. No failure or delay by you or Aney in exercising any rights or remedies under this Agreement will operate as a waiver of that or any other right or remedy.
    • No partnership or joint venture. This Agreement shall not be construed as creating a partnership, joint venture, franchise or agency relationship between you and Aney.
    • Severability. In the event of any conflict or inconsistency between the English and the Arabic versions of this Agreement, the English version shall prevail to the extent of the inconsistency.

  14. TERMS OF SALE

    Last updated: 22-October 2022

  15. INTRODUCTION
    • These terms of sale (the “Terms of Sale”) set out the terms and conditions on which products are supplied to you as a buyer on www.aney.com or on our mobile application (together defined as the “Site”). The owner and operator of the Site Aney Al Khaleej Information Technology a limited liability company registered in the Kingdom of Saudi Arabia (“KSA”) under licence number 1010829413, with its office located at 2620 Mecca Al Mukarramah Road, Al Maathar Al Shamali District,6075 (“Aney”, “we”, “our” or “us”).
    • Please read these terms carefully before you submit your order via the Site. By clicking “I accept” at the sign-up stage to the Site, you are agreeing to be bound by these Terms of Sale with immediate effect.
  16. ORDER ACCEPTANCE
    • Supplier. Each product in your order is sold either by us or by a third party seller that is specified on the Site.
    • Order Acceptance. Our acceptance of your order will take place when we notify you of our acceptance in writing (e.g. by email, mobile messaging, WhatsApp or other form of communication). If there are any changes to your order, we will notify you of such change in writing (e.g. by email, mobile messaging, WhatsApp or other form of communication). We will also notify you: (a) when your order is ready to be shipped; (b) of the shipping status of your order; and (c) the delivery status of your order. If we are unable to accept your order, we will inform you of this in writing or through a call and will not charge you for the product.
    • Payment. No failure or delay by you or Aney in exercising any rights or remedies under this Agreement will operate as a waiver of that or any other right or remedy.
    • In order to authorise credit or debit card payments, we may be required to create an account for you with our third-party payment processors, including accepting their standard terms and conditions and submitting your details to them on your behalf. You hereby authorise us to do so and we shall not be liable to you for any damage or loss you may incur as a result.
    • We may remove or add cards or other payment methods that we accept at any time without prior notice to you.
    • Cancelling Order. You may request to cancel your order by contacting us through our available channels and cancellations shall be accepted based on our cancellation policy.
    • Our Cancellation. We may cancel your order:
      • if you do not make any payment to us when it is due;
      • if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
      • if you do not, within a reasonable time, allow us or our third party logistics provider, to deliver the products to you or collect them from us;
      • if an order is not capable of being fulfilled due to product(s) not being available; or
      • for any other reason as we may determine in our sole discretion. In such scenario, we will notify you of such cancellation as soon as reasonably practicable.
    • Multiple Purchasing. We reserve the right to impose a minimum quantity or maximum quantity required to be purchased per order or per customer, at our sole discretion.
  17. PRICING
    • All prices are inclusive of legally applicable VAT.
    • Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order. If we have made a mistake and a product’s correct price is higher than the price on the Site, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.
  18. PRODUCT INFORMATION
    • Unless expressly indicated otherwise, Aney is not the manufacturer of the products sold on this Site. While we work to ensure that product information on our Site is correct, actual product packaging and materials may contain more and different information to that displayed on our Site. Ingredients may also change. All information about the products on our Site is provided for information purposes only. We recommend that you do not rely solely on the information presented on our Site. Please always read labels, warnings and directions provided with the product before use.
    • For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on this Site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. Aney accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties.
  19. DELIVERY OF YOUR ORDER
    • Delivery Costs. The costs of delivery will be as displayed to you on our Site.
    • Delivery Date. This information will be displayed to you on our Site. Please note that unless otherwise stated on the Site, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.
    • Delivery Delays:
      • if our supply of the product is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay;
      • if no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will notify you of how to rearrange delivery or collect the product; and
      • if you do not collect the product from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we will cancel your order.
    • ID Requirement Upon Delivery. We may, at our sole discretion, make any inquiry we deem necessary to verify your identity and/or ownership of your financial instruments by requesting that you provide us with further information or documentation, including, but not limited to, requesting a form of identification and/or credit card. If we are unable to verify or authenticate any information you provide, we have the right to refuse delivery and cancel the order.
    • Delivery from Overseas. Note that you might be considered the importer of record in the event that your order requires delivery from overseas. In such instance, you are required to ensure that your ordered products can be lawfully imported, comply with all applicable laws and to pay all fees, taxes, import duties and customs duties relevant to your purchase. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
    • Title to Products. A product will be considered owned by you and your responsibility from the time we deliver the product to the delivery address and you have paid for the product.
    • Invoice. We will issue an electronic invoice for your purchase and send such invoice to the email address you provided to us.
  20. RETURNS
    • The table below sets out our conditions for returns:
      Reason for return? Is a return possible? Return Condition
      • you have received a wrong product;
      • you have received a product that is not as described on the Site; or
      • you have received a damaged product.
      Yes

      For all products, you must request a return within 24 hours of receipt of shipment.

      Product is unused, in original unbroken packaging and includes all tags.

      For electronics, open products will be accepted if different from description or picture displayed.

    • Non-returnable Products. You do not have a right to return, replace or exchange products in respect of:
      • products that are classified as hazardous materials or use flammable liquids or gases;
      • products that have been used or damaged by you or are not in the same condition as you received them;
      • any consumable product which has been used or installed;
      • products with tampered or missing serial numbers;
      • products that fall under specific categories, including food, beverages, household goods, digital books, swimwear, hosiery, underwear, socks, health, contact lenses, hygiene related and personal care products and certain baby products (e.g. tethers, diapers, hygiene tissues, feeding related products) music, video and video games; or
      • any other reason that may be material to the product or conditions of return, replacement or exchange.
    • Contacting Us (arrange a Return). You may contact us through email, social media or WhatsApp on the Site, or by calling our call centre on +966115101666.
    • Your Refund:
      • For delivered products, we will refund to you the product amount (excluding the amount paid for the original shipping fees) in full plus the cost of return:
        • if the products are faulty or not as described on our Site; or
        • if your reason for return is due to an error on our side, such as an error in pricing or description, a delay in delivery etc.
      • In all other circumstances, we will refund the product amount (excluding the amount paid for the original shipping fees) and you may pay the costs of return shipping.
      • For products not delivered, you will receive a full refund if you cancel the order under clause 2.6.
    • Refund Procedure. We will issue a refund to you via the original payment method used. Notwithstanding the foregoing, you may have a choice to receive such refund to your designated wallet.
    • Refund Timescale. Your refund will be initiated once your product is received back in our customer fulfilment center and inspected by our team, and the final refund will be received by you as follows:
      • if the refund is via cash, within five (5) business days from the day on which we receive the product back in our customer fulfilment center;
      • if the refund is to your credit/debit card, within five (5) business days from the day on which we receive the product back in our customer fulfilment center;
      • if your refund is to your wallet, you will receive the refund immediately after your product is received back in our customer fulfilment center and inspected by our team;
      • if your refund is to your bank account, within five (5) business days from the day on which we receive the product back in our customer fulfilment center;
      • if payment was made via deferred payment or cash in a closed loop wallet, within five (5) business days from the day on which we receive the product back in our customer fulfilment center;
      • if your refund is via store credit, within five (5) business days from the day on which we receive the product back in our customer fulfilment center; or
      • if you have cancelled your order before shipping, an automated refund will be provided back to you.
  21. DEFECT OR DAMAGE TO YOUR PRODUCT
    • Warranty. On selected products and in instances where we are considered the seller, a warranty will be provided for the eligible items purchased for all the buyers within the KSA in accordance with the product manufacturer’s warranty. In instances where products are bought through a seller that is not us, the terms of the respective seller’s warranty will apply. Not all products are covered by the warranty, always check the product listing to know if it includes warranty benefits and conditions.
    • Warranty Period. Warranty terms are in accordance with the product manufacturer’s terms. For more details about specific terms of the warranty for your product, please visit the support page of your product.
    • Warranty Claim. You may contact us through email or WhatsApp on the Site, or by calling our call centre on +966115101666.
  22. WARRANTIES, REPRESENTATIONS & UNDERTAKINGS
    • You warrant, represent and undertake that:
      • you shall fully comply and will at all times continue to fully comply with all applicable laws;
      • you have full power and authority to enter into these Terms of Sale, and make payment in accordance with these Terms of Sale; and
      • if you purchase a product on behalf of a business entity, you represent that you are authorised to act on behalf of such business and bind the business to these Terms of Sale.
    • Our services are provided to you on an “as is” basis without representations, warranties or conditions of any kind. We disclaim all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that our services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all.
    • The warranty in clause 7.1 will be your sole and exclusive remedy under these Terms of Sale.
  23. LIABILITY
    • Nothing in these Terms of Sale shall limit or exclude a party’s liability:
      • for fraud, including fraudulent misrepresentation, perpetrated by that party;
      • for death or personal injury caused by the negligence of that party; or
      • for any other liability that cannot be limited or excluded under applicable laws.
    • Subject to clause 9.1, in no event will we, our parent company, subsidiaries and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in relation to these Terms of Sale for:
      • loss of profits, loss of revenue, loss of data or information, loss of contracts or goodwill or other pecuniary loss (in each case whether direct or indirect);
      • business interruption or wasted expenditure; and
      • any special, indirect, incidental or consequential damages,
      even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.
    • In addition, to the extent permitted by applicable laws, we (including our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
      • supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it or making payment as required;
      • damages that may result from the unauthorized repair of the product;
      • loss of any saved/stored data in products that are either repaired or replaced;
      • reliance by you on the content or other information provided on the Site with respect to the product you order;
      • your use of or your inability to use the ordered product;
      • delays or disruptions to our Site or our services;
      • viruses or other malicious software obtained from the use of the ordered product;
      • damage to your hardware device from the use of your ordered product; or
      • your loss of or inability to do business or similar as a result of our inability to deliver the product to you.
    • Subject to clause 9.1, if clauses 8.3, 9.2 or 9.3 are held to be unenforceable or inapplicable for any reason, then the total liability (including legal fees) applicable to us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors, to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms of Sale shall be limited to the lesser of:
      • the price the product sold for on our Site and its original and return shipping costs; or
      • SAR 10,000.
    • You agree to indemnify, defend and hold harmless, on demand, us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors from and against any losses, damages and expenses (including legal fees and attorney’s fees) arising out of or relating to:
      • any claims or demands made by any third party due to or arising out of your use of the Site and our services;
      • your violation of any of provisions of these Terms of Sale, including, without limitation, any of the warranties, representations and undertakings; or
      • your violation of any applicable laws.
  24. CHILDREN
    • We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under the age of 21 you may only use the Site with the involvement of a parent or guardian.
  25. GENERAL
    • Governing Law. These Terms of Sale (and any contractual and non-contractual rights or obligations arising out of or in connection with it) shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia.
    • Dispute Resolution:
      • If you are not satisfied with any products that you have purchased using our Site, you should contact us through email, social media or WhatsApp on the Site, or by calling our call centre on +966115101666.
      • If you are unable to resolve your issue under clause 11.2(a) within forty-five (45) days of notifying the seller of your issue, any disputes or claims arising out of or in connection with these Terms of Sale, including any non-contractual rights or obligations arising out of or in connection with these Terms of Sale shall be settled by arbitration administered by the Saudi Center for Commercial Arbitration (SCCA) in accordance with its Arbitration Rules, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be the SCCA. The language to be used in the arbitration shall be English.
    • Third Party Rights. A person who is not a party to these Terms of Sale has no right to enforce any of term herein.
    • Relationship of the Parties. Nothing contained in these Terms of Sales will be deemed or construed by the parties or any third party to create the relationship of partnership or joint venture between the parties, it being understood that the parties will at all times remain independent parties contracting for services.
    • Further Assurances. The parties will do and execute or arrange for the doing and executing of each necessary act, document and anything reasonably within its power to implement and give effect to these Terms of Sale to its full extent, including, without limitation, assisting each other in complying with applicable laws.
    • Assignment and Other Dealings. These Terms of Sale will be binding upon and ensure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Sale or any of your rights or obligations under these Terms of Sale, whether directly or indirectly, without first obtaining our prior written consent.
    • Entire Agreement.
      • These Terms of Sale and the documents referred to or incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Sale and the documents referred to or incorporated into these Terms of Sale by reference, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied.
      • Each party acknowledges that it is not relying on, and agrees that it shall have no claims or remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not expressly set out in these Terms of Sale.
    • Amendment. These Terms of Sale cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these Terms of Sale at any time and from time to time. We will post the current version of these Terms of Sale on the Site and each such change will be effective upon posting on the Site or upon the date designated in the “Last updated” section above. Your continued use of the Site and our services following any such change constitutes your agreement to be bound by and your acceptance of these Terms of Sale as so modified.
    • Severability. If any provision of these Terms of Sale is determined by any court or tribunal of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms of Sale and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.
    • Force Majeure. Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or services to us, labour disruptions, blackouts, embargoes, epidemics and pandemics).
    • No Waiver. Any waiver by us of any of the provisions of these Terms of Sale will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.
    • Communications. These Terms of Sale are issued and concluded in English. Communications between us will be in English and will be conducted by letter, phone or email using the most recent details that you have provided to us. You may contact us through email, social media or WhatsApp on the Site, or by calling our call centre on +966115101666.
    • Survival. All provisions that either expressly or by their nature survive, will survive suspension or termination of your membership of the Site.
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