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 restricted to parties who can legally conclude contracts on the Internet in accordance with the laws of the Kingdom of Saudi Arabia.
2. The site reserves the right to impose restrictions on multiple quantities of a particular piece, which are shipped to one specific customer or address.

    3. The customer can purchase the products offered for sale through the site 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 cart, choosing the number of pieces, then choosing the “available” payment method according to the payment policy, and confirming the purchase.
    5. The advertisements for the products published on the site are considered a "call to contract" and not a "binding positive". We conclude a contract with the customer if he submits the purchase order, and then we accept this request based on the products purchased.
    6. The sale process takes place electronically according to the availability of products at the site’s warehouse, and thus the customer relieves the site from any liability in the event that the products are not available at the site or the quantity is out of stock.
    7. Once the installation of your request is completed, you will receive an email, text message, or message from the WhatsApp application that includes your order details. This notice is not an acceptance of your request, but rather a confirmation that we have received your request.
    8. In the event that the customer requests a product and makes payment by bank transfer or credit card, and the requested product is not available for any reason, the site offers an alternative product to the customer, and in the event that the customer rejects the alternative product, the amounts paid will be refunded with the same method of payment within two days Business or three days if the payment is by bank transfer, and within 14 working days if the payment is by credit card, from the date the customer rejects the alternative product Please note that the customer has the right to request the return voucher for the amount, and the copy of the transfer or the copy of the refund 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 works on reviewing and checking 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 old features or features after the product is delivered to Client.
    10. The site does not guarantee that the products meet all customer expectations when used, and therefore the customer accepts them in the condition they are in at the time of purchase.
    11. If the customer buys a quantity of products with the aim of selling them, the site does not guarantee the customer’s ability to market these products, nor the extent of their popularity or obtaining 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 shall have the right to cancel the order, with immediate effect and without any judicial notifications or announcements, while the site reserves the right to any appropriate compensation.
    13. In the event that the customer fulfills all of his payment obligations, and the site is unable to deliver the products to be purchased on the date of delivery, then the customer may give the site a notice to cancel the sale process.
    14. The process of shipping the products to the customer based on 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 price of purchasing the products with the specified payment methods.
    16. The customer undertakes not to dispose of or sell the purchased products except after paying the full price of the products in addition to the shipping fee, and he undertakes to complete the payment processes if partial payment is made by mistake.
    17. If the customer receives the products, he must verify their condition and conformity to the specifications as soon as they are received, and the site does not guarantee a defect that is customarily tolerated, such as part of the outer packaging of the product being damaged during shipping without the product being affected or damaged.
      18. The customer, after receiving the products, must comply with all regulations and instructions related to their use.
      19. The site reserves the right at any time to refuse or cancel purchase orders, if we cannot verify the customer's information and address, or if we suspect that the order may cause fraudulent credit card fraud.
      20. The site is not responsible for any human or material damages that result from operating, installing or using any product incorrectly or without consulting a doctor, and in the event that it is not possible to operate, use or install the medical device on the customer’s side, he must contact “Customer Service” Affiliated with us, we will provide assistance.
      21. In the event that the customer requests the 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 the sale, and the customer undertakes not to abuse this right, and that the evaluations are honest and expressive of the service performance, 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 communicate with him to confirm the order due to an error in the customer’s data that the customer provided to us, the site will keep the customer’s request and the amount paid for a month from the date of the request, and after the expiration of the period without reaching the customer, the request is considered canceled. And the amount will be returned to the same account that was paid from, and in the event that the customer reconnects with us after the expiration of the period, and the customer requests the same product previously requested, the change in the price of the product will be taken into consideration.

        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:
        •         Bank transfer to our account.
        •         Pay by credit card.
        •         Paiement when recieving.
        5. Payment on receipt is not available for some products because it is not possible to collect their value from the shipping companies, and it may not be available according to our vision 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.

          7. The site does not accept the results of any errors in the payment process made by the customer, and the site does not bear the results of any piracy or fraud that occurs on the customer’s credit cards or bank accounts.
          8. The customer bears all bank fees related to money transfers or payment for products.
          9. The amounts paid by the customer to the site are final, and may not be modified by an increase or decrease, and may not be refunded except with the approval of the site and in the cases stipulated in the return and exchange policy.
          10. The customer bears all fees related to his use of the site or his entry into electronic purchases in addition to the value added tax.
          11. In the event that the customer completes the payment process for the order, and then canceled the order before the processing process, the amount will be returned to the customer within the previously stipulated period, with the customer bearing all the 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.
            3. If the products agreed upon were manufactured according to the customer’s request or according to the specifications he specified, then the customer is obligated to implement the agreement and the site will not be able to cancel the request, and the deposit in this case is a penalty condition that is not refunded if the customer refuses to implement the agreement, and the site has the right to ask the customer to implement the agreement Judiciary, if canceling the request causes 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. Receipt of defective or defective products is due to the product, not the result of the customer's misuse of the product.
              3. Submitting a written statement of the defect or defect in the product within 7 days from the date of receiving the product.

              (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 requests for replacement or return that violate the provisions of Paragraph (2) 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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