Terms of Selling
Introduction
Terms of Sale means the terms and conditions under which purchases are supplied and delivered to you as a buyer on www.tafta.sa or on our mobile application (collectively, the “Platform”) which is owned and operated by Tafta Platform Est. For Information Technology.
Please read these terms carefully before proceeding with your purchase through the Site, and by submitting a purchase order through the Site, you agree to these Terms of Sale and will be bound by them with immediate effect.
In addition, please read our Terms of Use and Privacy Policy, as your use of the Site and these Terms of Sale is subject to our Terms of Use and Privacy Policy.
1. Acceptance of Purchase Order
- 1.1. Supplier: As specified on the Site, each Product in the Purchase Order is sold either by us or by a local or international vendor.
- 1.2. Acceptance of Purchase Order: Your Purchase Order is accepted by us when we notify you of acceptance in writing (either by email or SMS), and if we are unable to accept your Purchase Order we will notify you in writing or by phone call followed by written notification by email or SMS, and your account will not be debited for the Product.
- 1.3. Payment: By issuing a purchase order, you authorize us or a third party electronic payment processor to charge your credit or debit card, and we accept payment by:
- a. Credit or debit card.
- b. Through your e-wallet
- c. Or cash on delivery (up to an amount not exceeding SAR 6,500)
- 1.4. In order to authorize credit/debit card payments, we may require you to open an account with our other payment processing companies, including accepting their terms and conditions and providing your details on your behalf. You hereby authorize us to do so and we will not be liable to you for any damage or loss you may incur as a result.
- 1.5. We may add or remove certain payment cards or payment methods that have been accepted by us at any time and without any prior notice from us.
- 1.6. Cancellation of Purchase Order: You may cancel your order immediately prior to shipment of the Product for any reason.
- 1.7. Cancellation of your order by us: We have the right to cancel your order if:
- a. Failure to pay for purchases when due.
- b. You fail within a reasonable period of time specified by us to provide us with the information required to deliver the Products to you.
- c. Your failure within a reasonable period of time to allow us to deliver the Products to you or your failure to take delivery of the Products.
2. Delivery of your order
- 2.1. Shipping and Delivery Charges: Shipping and delivery charges for the Products are determined in accordance with the prices stated on the Site.
- 2.2. Delivery Date: This information will be displayed to you on the Site.
- 2.3. Delayed Delivery:
- a. If our delivery of the Product is delayed for reasons beyond our control, we will contact you as soon as possible to let you know, and we will take steps to minimize the consequences of the delay in delivery.
- b. If there is no one at your address to receive the Product and the Product cannot be delivered by mail to your mailbox, we will notify you in a timely manner as to how the Product will be delivered or picked up.
- c. If you are unable to collect the Product from us as agreed or are unable to reschedule the delivery of the Product after it cannot be delivered to you at your address, we will contact you for further instructions. We will cancel your order in accordance with these Terms of Sale if, despite our best efforts, we are unable to contact you or arrange a new delivery or collection date.
- 2.4. Overseas Delivery: You may be registered as an importer if you request delivery of products from overseas. In this case, you must verify that the products ordered comply with the law and regulations, and you must pay all applicable duties and customs on your purchases. With regard to customs, please keep in mind the following:
- a. You may be subject to import duties and/or taxes when ordering products that require delivery from outside the country, which may be levied once the package arrives at the specified destination.
- b. You will be directly responsible for any additional customs clearance fees, which we have no control over.
- v. Customs policies vary from country to country, so you should contact your local customs office for further information (regarding customs processes and applicable fees); and
- w. You should be aware that products requiring overseas delivery may be subject to opening and inspection by customs officers in the country of destination.
*2.5. Ownership of the Products: The Products become your property once we have delivered them to you at the delivery address and you have paid for them in full.
- 2.6. Invoicing: We will issue an electronic invoice for the value of your purchase and send it to the email address you provide to us.
3. Return
- 3.1. To view the full terms of our return and exchange policy click here
- 3.2. Non-returnable Products: You are not entitled to return or exchange any of the following products
- a. Classified as hazardous materials or using flammable gases or liquids.
- b. Which have been used or damaged by you or are in a different condition than you received them.
- c. Any consumables that have been used or installed in something else.
- c. Any consumables that have been used or installed in something else. Any products that do not have a serial number or have been tampered with.
- d. Any products from among the specified items including food and beverages, household products, digital books, swimwear, socks, underwear, contact lenses, public health and personal care products, certain baby products (such as teethers, sanitary pads, sanitary napkins and infant feeding products), music, videos and video games.
- Y. Products that are not returnable for health reasons, that have been opened after delivery, or if they have been mixed with other items after delivery.
- 3.3. Contact us (to coordinate returns): You can contact us by going to the “Account” section and clicking on the “Contact Us” tab
- 3.4. How to make a refund:
- a. In accordance with clause 2.3, for Products that have been delivered, we will refund the full value of the Product subject to return including the fees for returning the Product to us (excluding fees paid to ship the Product to you) This applies in the following cases:
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- Products that are defective or whose description is not as described on the Website.
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- If the reason for the return is due to an error on our part such as an error in pricing, description, delay in delivery beyond the agreed date, etc.
- If the reason for the return is due to an error on our part such as an error in pricing, description, delay in delivery beyond the agreed date, etc.
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- a. In accordance with clause 2.3, for Products that have been delivered, we will refund the full value of the Product subject to return including the fees for returning the Product to us (excluding fees paid to ship the Product to you) This applies in the following cases:
- In all other cases, we will refund the value of the returned product (excluding the fees paid to ship the product to you) and you will be responsible for the cost of returning the product to us.
- For undelivered Products, you are entitled to a full refund if you cancel the order.
- 4.4. Refund Procedure: Your refund will be the same as the way you paid for it, as follows:
- a. If you have paid cash on delivery, we will return the value to your e-wallet.
- 4.5. When the refund is issued: Your refund will be made at the same time that we receive and inspect the Product at our Customer Merchandise Configuration Center, and your final receipt will be as follows:
- a. If the refund is credited to your credit/debit card: Within thirty (7) days from the day we receive the returned product at our Customer Merchandise Configuration Center.
- b. If you cancel your order before the shipping date, you will be automatically refunded.
- For information on refunds, visit our FAQ section
5. Customer Legal Obligations
- 5.1. You, as a party to this Agreement, acknowledge and agree that:
- a. Comply with applicable laws at all times, legislation and regulations including, without exception, all privacy protection legislation, laws and regulations.
- b. You have full power and authority to enter into this Agreement and make payments in accordance with the terms and conditions contained herein.
- c. If you are purchasing the Product on behalf of a company, you confirm that you are representing and acting on its authorization and that you will be bound by these Terms of Sale.
- 5.2. Our Services are provided to you on an “as is” basis without warranty, representation or condition of any kind, and we disclaim any warranty, representation or condition of any kind, express, implied or direct, including, without limitation, all conditions, representations and warranties of merchantability, fitness for a particular purpose or general purpose, non-infringement, compatibility, or that the Services are secure, error-free, will operate without interruption or will be properly or timely provided or provided in an appropriate manner or at all.
6. Liability
- 6.1. Nothing in these Terms of Sale shall limit or relieve any party's liability for:
- a. Fraud, including fraud, committed by such party; .
- b. Death or personal injury caused by the negligence of such party.
- c. any other liability that may not be limited or excluded under applicable law.
- 6.2. Subject to clause 5. 1, neither we, our parent company, subsidiaries, affiliates, employees, directors, officers, agents, suppliers, subcontractors or licensors shall be liable based on a court judgment or claim arising out of contract, civil law, tort, breach of statutory duty or arising out of or relating to these Terms of Sale, for loss of profits, data, information or any consequential, incidental, indirect or special damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.
- 6.3. In addition, to the extent permitted by applicable law, we, including our parent company, subsidiaries, affiliates, our or their respective directors, officers, employees, agents, suppliers, subcontractors or licensors shall not be liable, and you hereby confirm your agreement that we shall not be liable for any damages or losses that may arise directly or indirectly from the following:
- a. Late delivery of products or failure to deliver part of them if you yourself fail to provide us with the information we need within a reasonable time from the date of our request or if you fail to make payment.
- b. Damage that may result from unauthorized repairs to the Products.
- c. Loss of any data stored or saved in the repaired or replaced Products.
- c. Your complete reliance on the content or any other information provided by the Site relating to the product for which you have placed an order.
- c. Your use or inability to use the product you have ordered.
- h. Delay or disruption of the Site or delay or disruption of our services.
- x. Viruses or electronic malware resulting from the use of the product you have ordered.
- d. Damage to your own device as a result of using the product you have ordered.
- y. Loss of business opportunity or inability to conduct your business or the like due to our inability to deliver the product you ordered on time.
- t. Any acts or events beyond our control.
- 6.4. Subject to clause 5. 1, if for any reason clauses 2-5 are not applicable or enforceable, then the entire legal liability of us or our parent company, subsidiaries, affiliates, employees, directors, board members, officers, agents, suppliers, subcontractors or licensors to you whether based on a court judgment or a claim arising out of contract, tort, breach of statutory duty or arising out of or relating to these Terms of Sale shall be limited to the following limits up to the minimum value of:
- a. The price of the product sold on the Site and its original shipping costs and return shipping costs, or
- b. The sum of three hundred (300) Saudi Riyals
- 6.5. You hereby agree to indemnify and hold us, our parent company, subsidiaries, affiliates, our or their respective directors, officers, employees, agents, suppliers, subcontractors or licensors, harmless for losses, harm, damages or expenses (including legal fees and attorneys' fees) arising out of or related to:
- a. Any claims or demands made by any third party arising out of your use of the Site and our Services.
- b. Your breach of any of the terms and conditions of this Agreement, including without limitation any warranties, representations or undertakings.
- c. Any violation of applicable laws.
7. General Provisions
- 7.1. Applicable Law: These Terms of Sale and any non-contractual rights and obligations arising out of or related to these Terms of Sale shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia.
- 7.2. Dispute Resolution:
- a. If you are dissatisfied with any products you have purchased through the Site, you can contact us by going to the “Account” section and clicking on the “Contact Us” tab.
- b. If you are unable to reach a resolution as set forth in Section 2.8(a) within forty-five (45) days after you notify the Seller of your issue, you may resort to arbitration in accordance with the DIFC-LCIA Arbitration Rules by a single arbitrator. The center of arbitration shall be in the Dubai International Financial Center and the language of arbitration shall be English.
- 7.3. Rights of Third Parties: No party other than the parties to this Agreement shall have the right to enforce any of its terms.
- 7.4. Relationship of Parties: Nothing contained in these Terms of Sale shall be construed or considered by the parties hereto or by any third party as a partnership or joint venture between the parties hereto, it being understood that the parties hereto have entered into a contractual relationship for the performance of a service independently of each other.
- 7.5. Additional Assurances: The parties agree to do and perform or arrange to do and perform each required act, document or thing reasonably within the scope of their respective powers to carry out and give effect to these Terms of Sale to their fullest extent, including, without limitation, assisting each other in complying with applicable law.
- 7.6. Waiver: These Terms of Sale are binding for the benefit of the parties hereto and their respective successors and permitted assigns, and you agree not to assign or transfer these Terms of Sale or any of your rights or obligations under these Terms of Sale either directly or indirectly without our prior written consent, which consent shall not be unreasonably withheld by us.
- 7.7. Summary of the Agreement: These Terms of Sale and the documents referred to or attached to them contain the entire agreement between the parties with respect to their subject matter and supersede all prior agreements, negotiations and representations, whether written or oral, with respect to their subject matter. There are no other terms, representations, warranties, undertakings or agreements, whether direct or indirect, express or implied, between the parties to this Agreement other than this Agreement and the documents referred to or annexed hereto.
- 7.8. Modifications and Changes: These Terms of Sale may not be changed, varied, modified or supplemented in any way by you, and we reserve the right to modify, vary and supplement these Terms of Sale at any time and from time to time. We will also post the current version of the Terms of Sale on the Site, and each change will be effective immediately upon posting on the Site or upon the date we designate as the effective date (as applicable). Your continued use of the Site and our Services following any change constitutes your agreement to be bound by the changes and to be bound by the Terms as amended and modified.
- 7.9. Severability: If any provision of these Terms of Sale is held by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision of these Terms of Sale shall be immediately severed and the remaining terms and conditions shall continue in full force and effect as long as the legal and economic substance of the transactions conducted under their terms remains intact without any adverse effect on the parties thereto.
- 7.10. Force Majeure: None of the parties to the Agreement shall be liable for any loss, damage, delay or failure to perform due to acts beyond their control whether or not such acts or events can or cannot be reasonably foreseen (including acts of God, legislative or judicial judgments, acts of local or federal governments, courts or governing bodies, acts of subcontractors or any third party supplier of goods or services to us, economic boycotts, power outages or labor unrest).
- 7.11. Waiver of Terms: Our waiver of any provision of these Terms of Sale shall not be construed as a waiver of any other provisions contained herein (whether similar or different), nor shall a waiver of a provision be construed as a permanent waiver thereof, unless expressly expressed by us in writing.
- 7.12. Continuity: All provisions of these Terms of Sale, whether express or residual in nature, shall survive the suspension or expiration of your membership in the Site.