Sales Agreement

 

Sales agreement

an introduction

  1.     This sales agreement regulates all matters related to the sale of products for the site online, and includes purchase policies, payment policy, deposit policy, shipping policy, return and exchange policy, and warranty policy (all referred to as the "sales agreement").
  2.   This agreement is an integral part of the site's terms and conditions and the privacy policy (all of them are referred to as the "Agreement").
  3.   This agreement does not prejudice any rights or guarantees established for the customer in the electronic commerce system and its implementing regulations.
  4.   By requesting the purchase of products, or any of the selling and buying services, you enter with us and all other parties in this agreement.
  5.  You acknowledge that you have the necessary legal capacity to agree to conclude this sale agreement, and the site has full, unrestricted legal powers.

First: the purchase policy

  1. The purchase of Products through the Website is exclusively for parties who can legally enter into contracts on the Internet in accordance with the laws of the Kingdom of Saudi Arabia.
  2. The Site reserves the right to impose limits on multiple quantities of an item, which are shipped to one particular customer or address.
  3. The customer can purchase the products offered for sale through the website if these products are available and ready for sale.
  4. The customer can order the purchase of products through the site by selecting the products and adding them to the shopping cart, choosing the number of pieces, then choosing the “available” payment method according to the payment policy, and confirming the purchase.
  5. Advertisements for products posted on the Site are an “invitation to contract” and not a “binding offer.” A contract is made with the customer if he places an order, then we accept that order based on the products purchased.
  6. The sale process is carried out electronically according to the availability of products at the site's warehouse, and therefore the customer releases the site from any responsibility in the event that the products are not available on the site or the stock runs out.
  7. Once the installation of your order is complete, you will receive an email, text or WhatsApp message with your order details. This notification is not an acceptance of your order, but rather a confirmation that we have received your order.
  8. In the event that the customer requests a product and pays by bank transfer or credit card, and the requested product is not available for any reason, the site will offer an alternative product to the customer. Three days if the payment is by bank transfer, and within 14 working days if the payment is by credit card, from the date of the customer's rejection of the replacement product. Please note that the customer has the right to request a return bond for the amount, and the copy of the transfer or the return of the amount from the payment gateway is an official document, and the site is not responsible for any delay in the bank’s procedures. 
  9. The products are provided according to the specifications that the site reviews and audits whenever needed, which are announced on the official sales page, or our official channels on social media sites and applications, and therefore the site is not obligated to provide any additional or outdated features or features after delivering the product to the customer.
  10. The site does not guarantee that the products meet all the expectations of the customer when using them, and therefore the customer accepts them in the condition they are at the time of purchase.
  11. If the customer purchases a quantity of products in order to sell them, the site does not guarantee the customer's ability to market these products, nor their popularity or obtain profits from reselling them.
  12. Before the date of delivery of the products sold to the customer, and in the event that the customer violates this agreement, the site has the right to cancel the order, with immediate effect and without any judicial notifications or announcements, while the site retains the right to any appropriate compensation.
  13. In the event that the customer fulfills all his obligations related to payment, and the site is unable to deliver the products to be purchased on the delivery date, then the customer may give the site a notice to cancel the sale.
  14. The process of shipping products to the customer is carried out at the customer's request, and according to the site's shipping policy.
  15. The site retains full ownership rights to the products sold to the customer, until the site receives the full purchase price of the products with the specified payment methods.
  16. The customer undertakes not to dispose of or sell the purchased products until after paying the full price of the products in addition to the shipping fee, and undertakes to complete the payments if partial payment was made in error.
  17. If the customer receives the products, he must verify their condition and compliance with the specifications upon receipt, and the site does not guarantee a defect that has been customarily tolerated, such as damage to part of the outer packaging of the product during shipment without the product being affected or damaged.
  18. After receiving the products, the customer must comply with all regulations and instructions regarding their use.
  19. The site reserves the right at any time to refuse or cancel purchase orders, if we cannot confirm the customer's information and address, or if we suspect that the order may cause a credit card fraud risk.
  20. The site is not responsible for any human or material damages resulting from the incorrect operation, installation or use of any product or without consulting a doctor. And we will provide assistance.
  21. In the event that the customer requests installation and commissioning service from our team, we will contact the customer to determine the cost and book an appointment for the visit.
  22. The customer has the option to evaluate sales operations, and the customer pledges not to abuse this right, and that the evaluations are honest and expressive of the performance of the service, and are in accordance with our terms and conditions.
  23. In the event that the customer made the payment for the value of the order, and it was not possible to contact him to confirm the order due to an error in the customer data that the customer provided us with, the site will keep the customer’s request and the amount paid for a period of one month from the date of the request, and after the expiry of the period without reaching the customer, the request is considered canceled, and Returning the amount to the same account from which it was paid, and in the event that the customer contacts us again after the expiry of the period, and the customer requested the same product previously requested, the change in the price of the product is taken into account.

Second: the payment policy

  1. Payment for products shall be made in Saudi riyals or US dollars as the customer sees fit.
  2. The customer must review the prices of the products, and make the final decision regarding the purchase process before proceeding with the payment process, and the customer knows and agrees that these prices are final.
  3. The customer is obligated to pay for the products that he decided to buy through the site, with the payment methods approved by us.
  4. The site supports the payment by the following methods:
  • Payment by bank cards.
  • Bank transfer to our accounts.
  • Paiement when recieving.
  1. Cash on delivery is not available for some products because it cannot be collected from the shipping companies, and it may not be available according to our view and without giving any reasons.

6- Payment on receipt is available in all cities of the Kingdom free of charge for orders of 250 Saudi riyals or more, and for orders less than 250 riyals, payment on receipt is available at a fee of 18 riyals.

  1. The site does not accept the consequences of any errors in the payment process made by the customer, and the site does not bear the consequences of any hacking or fraud operations that occur on the customer's credit cards or bank accounts.
  2. The customer bears all bank charges related to money transfers or payment for products.
  3. The amounts paid by the customer to the site are final, and may not be modified by increase or decrease, and they may not be recovered except with the approval of the site and in the cases stipulated in the return and replacement policy.
  4. The customer shall bear all fees related to his use of the site or his entry into electronic purchases, in addition to the value added tax.
  5. In the event that the customer completes the payment process for the order, and then cancels the order before the processing process, the amount will be returned to the customer within the period stipulated previously, with the customer bearing all fees and commissions that the bank may deduct during the re-transfer process.

Third: The deposit policy

  1. The customer is obligated to pay a deposit for the site, a percentage of which is determined from the total cost, in case the product was manufactured, modified, or equipped according to the specifications set by the customer, or in the case of the customer’s request for some special requirements that increase the cost or transportation or shipping fees.
  2. The customer has the right to recover the deposit if:
  •         The site does not adhere to the agreed specifications.
  •         Failure of the site to deliver the products within fifteen days, or within the agreed period (whichever is more), unless the delay is due to force majeure.
  1. If the agreed products are manufactured based on the customer’s request or according to the specifications he specified, here the customer is obligated to implement the agreement and the site will not be able to cancel the order, and the deposit in this case is a penal condition that will not be returned if the customer refuses to implement the agreement, and the site has the right to demand the customer to implement the agreement judicially, If the cancellation of the application results in losses or damages to the site.

 

Fourth: Shipping Policy

  1. The customer shall adhere to the shipping policy of the site, which may change from time to time.
  2. The site prepares the products for shipping after confirming the customer’s seriousness in the purchase order, verifying the address and its accuracy, verifying the payment process, and making sure that the product is available in stock. Communication with the customer is done by mobile phone, e-mail, or WhatsApp.
  3. Shipping takes place through shipping companies that the site contracts with, and delivery takes place within two business days from the date of purchase in the city of Jeddah after the declared processing period, and within 3-5 working days after the declared processing period in the rest of the cities of the Kingdom, and the customer informs and agrees that these dates are approximate And it is subject to change according to the testimony of the shipping companies, and there may be some delay in the shipping process due to circumstances beyond its control, and in these cases the site does not bear any responsibilities as a result of the delay in the delivery of the products.
  4. The cost of shipping to all cities of the Kingdom is 18 Saudi riyals for orders whose value is less than 250 riyals, and for orders of 250 riyals or more, shipping is free to all cities of the Kingdom.
  5. The customer is obligated to pay the payment on receipt fee of 18 Saudi riyals, in the event that payment on receipt is chosen as a method of payment for orders whose value is less than 250 riyals. For orders of 250 riyals or more, free shipping is available.
  6. The customer undertakes to keep electronic receipts of payment that may be required of him during the delivery of products to him, and he undertakes to sign the receipt of the product.
  7. The customer is obligated to pay for the products that he requested to purchase (if he did not pay by electronic means), in addition to the shipping fee once the products are received upon delivery.
  8. The customer undertakes to inspect the products before signing to receive them from the freight representative, and he acknowledges that his signature on receipt is conclusive evidence that the products are free from any apparent defects such as damage and breakage.
  9. The customer bears all shipping fees in addition to the price of the products, which may differ from one customer to another depending on the distance traveled by the shipping representative.
  10. In the event that the shipping company delays the delivery of the sold products due to force majeure, so that it becomes clear that delivery of the sold products is not possible on the specified delivery date, the shipping company must immediately inform the customer of these circumstances and provide the customer with a new delivery date.
  11. During the delay period, the customer's responsibilities regarding the payment shall cease, until the circumstances of force majeure are addressed, and after dealing with the force majeure circumstances, payment obligations by the customer are completed.
  12. The customer undertakes to treat the freight representative in good terms, and the customer bears full legal responsibility for any personal mistakes made by him against the freight representative, and the site disclaims his responsibility for any personal mistakes that the shipping representative makes against the customer.
  13. In the event that the customer refuses to receive the products from the freight representative despite their conformity with the declared specifications, then the customer is deemed to have received the products judiciously, and he is obligated to pay for the shipping process amicably or judicially.
  14. The site works on shipping and delivery to the customer's address registered on the site, with the exception of some products for reasons due to their nature, and the customer is informed of the delivery location close to his address, and if he accepts the shipment and arrives at the new delivery location, the customer is deemed to have received the products judiciously, and he is obligated to pay the shipping fees Amicably or judicially.

 

Fifth: the return and exchange policy

The site sets a return and exchange policy to ensure the customer's satisfaction with the product that he purchased from the site, and the return and exchange is subject to the following conditions:

(1) The customer has the right to request the return or exchange of products within 7 days from the date he received the product from the site.

(2) The site accepts the return or exchange of products for reasons related to the customer in the event that the following conditions are met:

  1. The customer shall not use the products, open them or obtain any benefit from them.
  2. Not to damage the products or to have any defects after receiving them from the shipping company.
  3. Not to destroy the packaging of the products, or to lose any of the products' accessories.
  4. That the customer keeps the sales invoice and delivers it to the shipping company or at the site company’s headquarters.
  5. The products should not be manufactured, modified or equipped according to the specifications set by the customer, and the implementation was based on them.

(3) The site accepts the return or exchange of products for reasons related to the products or the site in the following cases:

  1. The products do not conform to the specifications on which the purchase was made. Note that the color of the displayed product from the received product is not a reason for return, if the product does not have options to specify the color on the site.
  2. The site accepts the return or exchange of products for reasons related to the products or the site in the following cases:
  1. The products do not conform to the specifications on which the purchase was made. Note that the color of the displayed product from the received product is not a reason for return, if the product does not have options to specify the color on the site.
  2. Receipt of a product with an apparent defect or damage that is not caused by the customer’s misuse of the product, provided that the customer sends us photos and a text statement explaining the apparent defect or damage in the product within 24 hours from the date the customer received the product from the shipping company.

(4) "SPACARE" does not accept the return or exchange of products in the following cases:

  1. Submit a return or exchange request after 7 days have passed from the date of receiving the product.
  2. Using the products, installing them, damaging them, or obtaining any benefit from them, or if the products are not in the condition in which the customer received them.
  3. Products that have been tampered with or have their serial numbers removed.
  4. Products that do not have price tags, stickers, original packaging, or any of their accessories attached.
  5. "SPACARE" does not accept the return or exchange of some products, for example but not limited to (underwear, girdles, socks, towels, mattresses, orthopedic beds, medical mattresses, bathroom chairs, shower chairs, mucus suction devices, milk suction devices, etc. ..... etc), or any other products that can be returned to affect the health of customers, such as the transmission of diseases or the spread of infection.
  6. Products that have been installed at the customer's site, and cannot be returned to the original condition before sale.

7. The product is malfunctioning due to improper use by the customer, or due to failure to follow operating instructions.

8. Any product that has been manufactured or whose specifications have been modified according to the request of the customer.

9. Any exchange or return requests that violate the provisions of paragraphs (2) and (3) of this section.

(5) In the event that the return or exchange is due to a defect in the product, the site examines the product, and if it is proved that the defect is due to the product, the site bears the shipping, return and exchange costs.

(6) If the return or exchange is due to a reason due to the customer and not a defect in the product, then the customer bears all the costs of returning, shipping and replacing the product.

(7) In the event that the site rejects a request to return or replace the product provided by the customer, and the customer refuses to receive the products again, the site in this case has the right to dispose of these products after 15 days have passed from the date of the customer’s rejection.

(8) In the event that the return request is accepted, the site shall issue a return policy to the customer or send a representative if the request is in the city of Jeddah, and the customer must deliver the product to the shipping company within a maximum period of 48 hours, and in the event of delay in delivering the product to the shipping company after sending a bill Returned to the customer, the return policy is void. 

(9) When the product arrives at our warehouse, we inspect the product, and when the product passes the inspection phase, the price of the product will be refunded to the customer within two working days if the payment is by bank transfer, and within 15 working days if the payment is by credit card on the site, and that is from the date of passing The product is under examination, and the product price will be refunded in the same way that payment was made and on the same accounts that were paid through.

(10) In the event that the replacement request is accepted, the price difference between the product that was replaced and the new product chosen is taken into account, and if the price of the new product that has been chosen is less than the price of the product that has been replaced, the site will refund the price difference within two days Work if the payment is by credit card, and within 15 working days if the payment is by credit card, but if the price of the new product chosen is higher than the price of the product that has been replaced, then the customer in this case must pay the price difference to the site by means of payment approved by us before shipping the product .

 

Sixth: Warranty Policy

  1. The site provides the products offered for sale according to the guarantees provided by the factories or authorized distributors. The responsibility of the site in terms of guarantee is limited to providing the information of the guarantee provider, conditions, duration and maintenance centers to the customer upon request. Therefore, the guarantee in this case is not the responsibility of “SPAMA”.
  2. The customer has the right to request maintenance from the "SPACARE" website, if the site is the guarantor and agent for the defective equipment and devices during the warranty period and its terms, and the site has the right to decide whether to carry out maintenance for the products, or to replace them with alternative products of the same category, or to pay an amount equivalent to the number of days remaining from warranty period. The receipt and delivery of the products shall be in one of the centers affiliated with the site.
  3. In all cases, the warranty includes only manufacturing defects, and all damages to the product as a result of customer misuse are excluded from the warranty.
  4. Maintenance period: Within 14 days from the date of inspection and receipt of the product.
  5. Delivery service (maintenance centers): We can provide the service of delivering the products required to be maintained to the maintenance centers of the warranty service provider, and receiving them from him after maintenance on behalf of the customer. The product required to be maintained by the customer in all cities of the Kingdom through the shipping company, and delivered to the customer after maintenance in accordance with the approved shipping fees.

 

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