Webshop Terms and Conditions – Kingdom of Saudi Arabia

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Period of the Right of Withdrawal: the period within which the consumer can make use of his right of termination of the contract;
2. Consumer: the natural person who seeks to obtain a product or service for the purpose of satisfying his personal, family or living needs; 
3. Day : calendar day;
4. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
5. Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
6. Economic Operator: a natural or legal person, private or public, who carries out a commercial, industrial, imports or craft activity, provides a service to the consumer, produces a product, manufactures, imports, exports, sells, rents, displays, distributes or markets it with the aim of presenting it to the consumer or dealing or contracting with it by any means including electronic means; 
7. Distance contract: a contract for selling a product or providing a service concluded by the economic operator with a consumer through one of the means of remote communication, including telephone, fax, email, mail, website and other means; 

Article 2 – Identity of the entrepreneur

Name of entrepreneur: vidaXL DWC-LLC
trading under the name(s): en.vidaxl.sa.com

Address (no visiting address): Business Center Logistics City, Dubai Aviation City, P.O. Box: 390667, Dubai, United Arab Emirates

Telephone number: 9668008500166
E-mail address: [email protected]

VAT identification number: 311415370500003

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the economic operator and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be stored by the consumer in a simple way on a durable data carrier. Where this would not be reasonably possible before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or obvious errors in the offer are not binding on the economic operator.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, either party can dissolve the agreement.
3. The economic operator will take appropriate technical and organizational measures to secure the electronic transfer of data, ensure a safe web environment and observe appropriate security measures to allow electronic payments.
4. To the extent authorized by law, the economic operator may verify that the consumer is able to meet his payment obligations, as well as any other information necessary to ensure the responsible conclusion of a distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order. 
5. At the latest upon delivery of the product, service or digital content to the consumer, the economic operator will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

• the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
• the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• the information about warranties and existing after-sales service;
• the price including all taxes of the product, service or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
• the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
• if the consumer has a right of withdrawal, the model withdrawal form.

Article 6 – Right of withdrawal

1. The consumer can dissolve an agreement with regard to the purchase of a product from the moment the order is placed and up to 14 days after receipt of the order without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, however the consumer will not be obligated to state his reason(s). 
2. The reflection period referred to in paragraph 1 expires 14 days after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:

• if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The economic operator may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
• if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part.

Article 7 – Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
2. The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer makes use of his right of withdrawal, he will report this to the economic operator within the cooling-off period by any unambiguous mean.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the economic operator. This is not necessary if the economic operator has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
3. The consumer returns the product with all accessories supplied, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return. 
6. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of the economic operator in the event of withdrawal

1. If the economic operator will confirm receipt of the notification of withdrawal sent by the consumer as soon as possible and in any event within a reasonable time.
2. The economic operator will reimburse all payments from the consumer, including any delivery costs charged by the economic operator for the returned product, without delay but within 14 days following the day on which the economic operator has received the product or the consumer demonstrates that he has returned the product.
3. The economic operator uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the economic operator does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion right of withdrawal

1. Contracts for the supply of products designed according to specifications specified by the consumer or of personal nature, including digital content but not defective or non-conforming products.
2. Contracts for the purchase of the provision of digital content that is provided through an electronic medium. It is not permissible to start implementing these contracts except after obtaining the explicit consent of the consumer and his acknowledgment that he will lose the right to terminate the contract.
3. Contracts for the provision of digital content that is provided through an electronic medium. It is not permissible to start implementing these contacts except after obtaining the explicit consent of the consumer and his acknowledgment that he will lose the right to terminate the contract.
4. Contracts for the supply of audio or video recordings or closed computer software opened after delivery.
5. Contracts for providing housing accommodation, transportation of products, car rental services, catering, passenger transportation services, or recreational activities services if the contract stipulates a date or duration for the execution of the works.
6. Contracts for the provision of videotapes, records, compact discs, or computer software that have been used.
7. Contracts for the provision of newspapers, magazines, books, or other publications.
8. In the event the defect to a product would be attributable to the consumer’s mishandling of the product.
9. Contracts for the provision of products which cannot be resold due to health reasons.
10. Where the subject of the contract would cover a product containing several elements that have been merged and cannot be returned to its original condition.
11. Contracts concluded at a public auction.
12. Contracts for the provision of product which, by their very nature, would not last longer than the withdrawal period.

Article 11 – The price

1. Prices displayed for products offered on the website include any applicable taxes and charges as well as delivery costs.

Article 12 – Guarantees

1. The economic operator guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations. If agreed, the economic operator also guarantees that the product is suitable for other than normal use.
2. The statutory guaranty of the consumer will be running for 24 months following the receipt of the product.
3. In the event of any defects which would appear within the timeframe referred to in the previous paragraph, and to the extent that such defect is not attributable to the consumer himself, the economic operator will chose between repairing the product, fully or partially replacing the product or a refund of the purchase price upon return of the defective product. 
4. An extra guarantee provided by the economic operator, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the economic operator under the agreement if the economic operator has failed to fulfill his part of the agreement.

Article 13 – Delivery and execution

1. The economic operator will take the greatest possible care when receiving and executing orders for products.
2. The place of delivery is the address that the consumer has made known to the economic operator. 
3. With due observance of what is stated in article 4 of these general terms and conditions, the economic operator will execute accepted orders expeditiously but at the latest within 15 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer has the right to dissolve the agreement without costs.
4. After dissolution in accordance with the previous paragraph, the economic operator will immediately refund the amount that the consumer has paid.

Article 14 – Payment

1. Insofar as not provided otherwise in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid prior to the delivery of the goods or at the moment of said delivery. 
2. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the economic operator.
3. If the consumer does not fulfill his payment obligation(s) in time, after he has been informed by the economic operator of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, the economic operator reserves the right to cancel the order.
4. The payment methods available on the website are displayed in the checkout process.

Article 16 – Complaints procedure

1. Both parties shall try to solve any issue which may arise in an amicable manner. The consumer can contact the economic operator using any of the below means of communication:

• Chat;
• Email at [email protected];
• Phone 9668008500166;

2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the economic operator within a reasonable time after the consumer has discovered the defects or any other issue.
3. Complaints submitted to the economic operator will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.

Article 17 – Applicable Law and Competent jurisdiction

1. Saudi Arabic law applies to agreements between the economic operator and the consumer to which these general terms and conditions apply.
2. All disputes arising from or in connection with the present terms and conditions will be subject to the exclusive jurisdiction of the Courts of KSA

Article 20 – Amendment of the General Terms and Conditions

1. The economic operator reserves the right to amend the present terms and conditions without prior notice in the future. The terms and conditions applicable to a consumer purchase where the ones in force at the time of the purchase.

 

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Attachment(s)

Returns policy