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1. These Terms of Sale set out the terms and conditions on which
products are supplied to you as a buyer on www.aswqna.com or
on our mobile application (together defined as the “Site”). The
owner and operator of the Site is aswqna (“we”, “our” or “us”).
2. Please read these terms carefully before you submit your order via
the Site. By placing an order on the Site, you are agreeing to be bound by
these Terms of Sale with immediate effect.
of the Site and these Terms of Sale
2. ORDER ACCEPTANCE
1. Supplier. Each product in your order is sold either by us or by the
local or international seller that is specified on the Site.
2. Order Acceptance. Our acceptance of your
order will take place when we notify you of our acceptance in writing (e.g. by
email or mobile messaging). If we are unable to accept your order, we will
inform you of this in writing or through a call (followed by written notice
through email or mobile messaging) and will not charge you for the product.
3. Payment. By placing an order, you authorise us or our third-party
payment processer to process your credit/debit card details for the amount of
your order. We accept payment by,
via your wallet; or
cash on delivery (an amount not
exceeding SAR 6,500)
4. In order to authorise credit/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.
5. We may remove or add cards or other payment methods that we accept
at any time without prior notice to you.
6. Cancelling Order. You may cancel your order
immediately prior to shipping for any reason.
7. Our Cancellation. We may cancel your
you do not make any payment to us
when it is due;
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; or
you do not, within a reasonable time,
allow us to deliver the products to you or collect them from us; or
you attempt to bulk or multi-order
purchase in accordance with clause 2.8, below.
8. Bulk/Multiple Purchasing. We reserve the right to
reject any orders, at our sole discretion, where we detect bulk purchasing or
multiple units of similar products being purchased.
3. DELIVERY OF YOUR ORDER
1. Delivery Costs. The costs of delivery will be as displayed to you on our
2. Delivery Date. This information will be displayed to you on our Site.
3. 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
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
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.
4. 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 laws and regulations
and to pay all fees and customs duties relevant to your purchase. In relation
to customs issues, please also note the following:
that when ordering products that
require delivery from overseas, you may be subject to import duties and/or
taxes, which may be imposed once the package reaches the specified destination;
that any additional charges for
customs clearance must be borne directly by you and we have no control over
customs policies vary between
countries, so you should contact your local customs office for further
information (in relation to customs processes and applicable charges); and
you should be aware that deliveries
from overseas may be subject to opening and inspection by customs officials in
the destination country.
5. 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.
6. Invoice. We will issue an electronic invoice for your purchase and
send such invoice to the email address you provided to us.
REPLACEMENTS & EXCHANGES
1. The table below sets out our return/replacement/exchange policy
with respect to certain product categories:
Replacement & Exchange (Reason)
Replacement & Exchange (Possibility)
have received a wrong product;
have received a product that is not as described on the Site; or
have received a damaged product.
refurbished products, you must return the product within seven (7) days of
receipt of shipment.
is unused, in original unbroken packaging and includes all tags.
electronics, open products will be accepted if different from description or
have changed your mind
in certain conditions.
have a right to return a product within fifteen (15) days of receipt of
Fashion. open packaging accepted if the
product(s) still has the original tags
All other Categories. Only unbroken
original packages including all accessories.
Non-returnable Products. Refer to product
list in clause 4.2
2. 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; or
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.
(a) products which are not suitable
for return due to hygienic reasons if unsealed by you after delivery, or which
are, after delivery, mixed with other items.
3. Contacting Us (arrange a Return, Replacement or Exchange). You may contact us
through email, social media or live chat on the Site, or by calling our call
centre on 00966551787160(KSA).
4. Your Refund:
Subject to clause 4.2, 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:
i.if the products are faulty or not as described on our Site; or
ii.if you 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;
5. Refund Procedure. We will issue a refund to
you depending on the method you used for payment, as follows:
if you paid by cash on delivery, we
will issue a refund to your wallet; or
if you paid by credit/debit card, you
can choose to have a refund by credit/debit card or to your wallet.
6. 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
if the refund is to your credit/debit
card, within thirty (30) 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; or
if you have cancelled your order
before shipping, an automated refund will be provided back to you.
DEFECT OR DAMAGE TO YOUR
Warranty. A twelve (12) month
warranty will be provided for certain purchased products against defects that
occur after purchase and a twenty-four (24) month warranty for all Electronic
(defined herein) products that are sold to buyers in the Kingdom of Saudi Arabia
("KSA"). A three (3) month warranty (maximum) will apply to selected
refurbished products. The warranty is not applicable to cases other than
defects in material, design and workmanship. Warranty obligations are limited
to repair of defective product or replacement of the defective part, or
replacement or refund according to market price of the product itself (such
decision at the product seller’s discretion). Not all products are covered by
the warranty, always check the product listing to know if it includes warranty
Authorised Service Centres. On selected products and
in instances where we are considered the seller, warranty repairs will be
carried out by authorized service centres. In instances where products are
bought through a seller that is not us, the terms of the respective seller’s
warranty will apply. Please refer to our Warranty Policy for more details.
Number of Repairs before Replacement/Refund
if Repair Not Possible/ Max. Number of Repairs Completed
days from reception in our repair centre
if available, otherwise refund
days from reception in our repair centre
Kids & Baby
Warranty Period. Repair or replacement
under the terms of this warranty does not provide right to extension or renewal
of the warranty period. Warranty terms are in accordance with your device
manufacturer. For more details about specific terms of the warranty for your device,
please visit the support page of your product.
Warranty Not Applicable. The warranty does not
apply in the following circumstances:
if a repair has been attempted by any
service centre not authorized by the product seller; physical damage i.e.
product presenting clear signs of damage like broken screens, heavy dents, bent
products, that can prevent a product from functioning properly; liquid damage
i.e. any situation involving the submersion or splashing of an electronic
device in any liquid/or when water indicator (if any inside the device) changes
original software alteration or
modification (e.g. “root” for Android devices or “jailbreak” for Apple
if there has been use of non-original
accessories with your purchased product;
if the serial number is removed from
for maintenance and periodic checks
of purchased products;
for replacement of consumables (e.g.
batteries, light bulbs, fuses, headphones or printer ink);
where there has been abuse or misuse
of the product e.g. by not using it for its intended purpose or not in accordance
with manufacturer’s instructions on usage and maintenance;
where there has been damage of a
product’s battery caused by overcharging, failure to use in accordance with the
specific instructions of core outlined in product user manual or where charged
by chargers other than those approved by manufacturer; and
if any of the seals on the battery
enclosure or cells are broken or show evidence of tampering.
Warranty Claim. You may contact us
through email, social media or live chat on the Site, or by calling our call
centre on 00966551787160(KSA).
You warrant, represent and
you shall fully comply and will at
all times continue to fully comply with all applicable laws, statutes and regulations,
including, without limitation, all privacy laws and content regulation;
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.
Subject to clause 6.1, 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 5.1 will
be your sole and exclusive remedy under these Terms of Sale.
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 law.
Subject to clause 7.1, 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 data or information,
business interruption or other pecuniary loss or for 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 law, 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
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
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;
any action/event which is beyond our
Subject to clause 7.1, if
clauses 6.3, 7.2 or 7.3 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, a) the price the product sold for on
our Site and its original and return shipping costs; or b) AED 300.
You agree to indemnify and hold
us, our parent company, subsidiaries and affiliates and our and their
directors, officers, agents, employee, suppliers, subcontractors or licensors
harmless 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
Governing Law. These Terms of Sale and
any 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 KSA.
If you are not satisfied with any
products that you have purchased using our Site, you should contact us through
email, social media or live chat on the Site, or by calling our call centre on 00966551787160(KSA).
If you are unable to resolve your
issue under clause 8.2 (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 referred to
and finally resolved by KSA courts.
Third Party Rights. A person who is not a
party to these Terms of Sale has no right to enforce any of its term.
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 law.
Assignment. 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, such consent not to be unreasonably withheld.
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
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 by us as the “effective date” (if any). Your
continued use of the Site and our services following any such change
constitutes your agreement to be bound by and its acceptance of these Terms of
Sale as so modified.
Severability. If any provision of these
Terms of Sale is determined by any court 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).
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
Survival. All provisions that
either expressly or by their nature survive, will survive suspension or
termination of your membership of the Site.