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Terms of Use (Terms and Conditions)

# introduction:

All products displayed on the “Nawaqis” platform are subject to the requirements and specifications of their local or international producers or distributors, and “Nawaqis” does not bear any responsibility for manufacturing activities.

Other than the warranty provided by the supplier/seller - if any - "Nawaqis" does not provide any responsibility or warranty for any of the products provided through the platform, and the user understands the nature of these contracts and their consequences.

Through the website and applications, Nawaqis aims to create a unique customer journey with online shopping; therefore, we have written down the terms and conditions related to the stations of this journey as follows:

# Our terms:

User/Customer: is the person who orders goods and commodities from the “Nawaqis” application/website, and must have sufficient legal capacity to carry out this process.

“Nawaqis” or “We” means Abdullah Saeed Bawazir Trading Company, Commercial Registration No.: 1010222534, Address: 4342 Southern Ring Road, 7130 Al Mansoura District, 12684 Riyadh, Kingdom of Saudi Arabia.

“Home Page” means the home page of the Application/Website, which shows the titles and sections of the Application/Website and the brands that we facilitate to the User.

“Sections” means the main and sub-categories we have on the Site/Application.

“Account” means the user’s details and shopping history and is created when you register to shop through the “Nawaqis” website or applications.

“Price” means the prices of the items that the supplier/owner of the commodity wishes to sell at, and is displayed on the “Nawaqis” platform and applications, and includes any additional expenses added to the value of the product (taxes, any new expenses...), other than transportation expenses.

# Our conditions:

A. Access:

The website/application may stop working for some time in cases of periodic or emergency maintenance, or for reasons of force majeure beyond our control.

Errors and malfunctions will be fixed periodically according to the capabilities available to "Nawaqis".

By using our electronic windows, the customer is fully aware that this use falls within his responsibility for the contractual actions he concludes and that the purpose for which he uses “Nawaqi’” is a legitimate purpose.

The customer shall bear solely the consequences of sharing his username and password in the “Nawaqis” application/website or the email or access code sent by Nawaqis with any person, facility or entity.

The user is not entitled to use or exploit any loophole or software errors to affect the Nawaqeq service or obtain a benefit not explicitly provided, and the user is obligated to compensate when he does so.

Nawaqis has the right to refuse to deal with the customer if he uses threats or physical or verbal violence towards any of the customer service or delivery employees or any person interested in dealing with the platform.

B. Content:

Without commitment to time, type or quantity, “Nawaqis” updates the content of its platforms periodically.

The customer must individually note the update date - if any - and be aware of the possibility of an error or omission.

We may update the App/Website from time to time, and may change the content at any time. However, please note that any content on the App/Website may be out of date.

The intellectual property rights and all rights, in the application/website, or any part of the application/website, whether by “Nawaqis” or by the user, or any third party, such as your preferences of items owned by “Nawaqis”.

The user is aware of the legal responsibility that will occur if he uses any data belonging to “Nawaqis” without written permission, and will be subject to any penalties imposed by “Nawaqis” as a result.

In the event that there is a system or legislation that prevents “Nawaqees” from owning any rights or data obtained automatically from using the website/application, the customer agrees to grant “Nawaqees” all powers within the limits permitted by law to collect, use and share such data.

The user is responsible for protecting his personal data and using the necessary and sufficient protection software for this purpose.

C. Amendment:

From time to time we will make changes or amendments to this policy, and within the limits permitted by applicable laws we will notify the user of this.

D. Purchase Terms: The purchase terms mentioned below will apply once the user initiates the process through the website/application:

You must be legally qualified to make the purchase.

You must have the necessary tools to pay cash amounts directly or via bank transfer, cards and electronic wallets accepted by “Nawaqis”, and the fees imposed for the types of cash or electronic payment transactions.

The login data must be treated with the utmost confidentiality by the user, as he shall be held responsible for the use of the account related to that data by him or by any person, entity, or establishment that was able to access it through the account’s login data.

If you have a preliminary belief that your data is no longer sufficiently secure, or if you believe that someone else may know or is using your data to access your Nawaqis account, contact us immediately.

The user agrees to waive his right to access his account in “Nawaqis” if it is suspended due to suspicion of any fraudulent activity, misuse of the services, or any reason that “Nawaqis” believes is objectively appropriate to cancel or suspend the account.

Receiving your order notification without indicating the order confirmation by “Nawaqees” does not constitute acceptance that produces its legal or regulatory effects. “Nawaqees” also has the right to cancel the order whenever it deems it objectively appropriate for cancellation.

Some goods/merchandise/services may require additional terms which are indicated separately.

# Regarding the price:

The price of the specific item/product you have ordered will be the price on the Site/Application at the time the User places or modifies the purchase order.

The Nawaqees team does its best to provide the best possible service, but errors may occur while providing information about products and prices by the Nawaqees application/website.

We can't confirm the price of a product until you place an order.

In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we will have the right, in our sole discretion, to contact you for guidance or cancel your order and notify you of such cancellation.

In all cases, Nawaqis has the right to amend the prices and notify you if there is any amendment.

In the event that you submit a new purchase order through the “Nawaqis” application/website for your purchase order, the order value will be awaited for transfer through our approved bank channels and accounts or available electronic payment methods and you will be notified of this through the applicable communication channels. You will be obligated to pay cash upon delivery if cash payment is chosen.

Nawaqeq has the right to process your credit/debit card payment before sending the product you ordered.

In all cases if we have to cancel an order after processing the payment, the amount will be refunded to your account with us or the amount will be delivered in cash upon request.

The User agrees that the prices and availability of the Products are subject to change without any prior notice. Furthermore, the description/performance of the Products is based on the catalogue and technical literature printed by the suppliers/agent. Therefore, the writing provided on each Product does not belong to us and is subject to change without prior notice.

In addition to the price, a delivery fee may also be required.

# Regarding acceptance of the purchase order:

In our sole discretion, Nawaqs reserves the right to refuse or cancel any order for any reason.

Purchases are sometimes or always subject to certain restrictions:

Quantities available for purchase are subject to restrictions.

Limitations on inaccuracies or errors in product or pricing information.

Problems identified by the Credit and Fraud Department of Nawaqeq.

Or something similar that we determine according to need and with sole will are some of the cases that may lead to the cancellation of the order.

Further information may be requested before any purchase order is accepted.

We will contact you if all or any part of your order is cancelled, or if additional information is required to accept your order.

# Regarding non-receipt of the order:

If no one is authorized to receive the order at the location specified by the user, the driver will wait for up to 15 minutes before leaving the specified location.

The driver will communicate with the user by calling the registered mobile number only.

# Regarding the modification of the application:

Nawaqis has the right not to accept modification and cancellation requests. If such requests are accepted, you will have to follow up on your request with the technical support team.

Given how Nawaqeq systems work, if you wish to add products to your order you have placed, you can re-order by contacting Customer Service.

Orders that are cancelled after delivery or partially cancelled during delivery are subject to a cancellation fee determined by Nawaqis, which shall not exceed the maximum value of the order, and shall be deducted from the refund amount for delivery and processing.

The User agrees and waives his right not to object to the decision taken by “Nawaqis” regarding his receipt of the requests and accepts it as it has been received.

If the user orders items and they are found to be out of stock, he can choose to replace them with the nearest item or cancel the item altogether.

# Regarding the shortage of stock of goods:

Nawaqis makes every effort to ensure the constant availability of goods, and in the event of a shortage or unavailability of products, we will provide the user with the option/options to obtain an alternative or similar product/products, or cancel the item completely or/and replace the product with a different size product of the same brand, and in all cases if the price of the alternative product is higher than the price of the requested product, the customer bears the difference, and if it is cheaper, the price of the new product will be collected. If advance payment is made, the difference will be returned to the customer

Nawaqs reserves the right, at its sole discretion, to set a limit on the quantity of items purchased per establishment, and/or per order.

These restrictions may apply to orders placed by the same account, or orders that use the same billing and/or delivery address. Nawaqez will notify the customer if this applies.

Nawaqis reserves the right to prohibit sales to distributors, retailers, wholesalers, or any other party.

# Regarding the expiration of products:

We carefully select goods/products with appropriate expiry date.

In the event of any expired item, Nawaqis’ liability is limited to refunding the amounts related to it upon receipt, so please inform us immediately.

# Regarding the use of a discount coupon or promotional coupon:

When the user activates the “Nawaqis” coupon, this coupon will be redeemed for the full amount only, which means that partial use of the coupon is not allowed.

Only one coupon may be used per purchase, per account, or for any period specified by Nawaqis.

Coupons can only be used at the time of placing an order.

Coupons are subject to terms and conditions regarding duration, quantity, etc.

All orders are reviewed by the Nawaqeq Customer Service/Support team before execution.

If some purchase orders are found to be in violation of any of the terms and conditions of the site, the purchase orders will be modified accordingly.

Promotional coupons have no monetary value. They are a conditional discount right as specified by Nawaqeq when advertising them.

# Regarding returns, exchanges and complaints:

If you notice a defect in the product upon delivery, you have the right to refuse receipt and you have the right to request a replacement or refund.

For any items that require replacement or return, please contact your account manager or customer service for the “Nawaqis” website and application as soon as possible.

In the event that you notice any apparent damage to the products included in your order/orders, you have the right to refuse to accept the order and you can file a complaint about the order to the following email address: marketplace@nawaqis.com, or through the technical support of the website or application.

For individual products damaged during the transit of the order contents, please notify the Account Manager and Customer Service within 24 hours to receive a refund or a credit in your account with “Nawaqis”.

In all cases, please make sure to attach a photo of the damaged product to the complaint request in order to verify the condition of the product, taking into account not opening the product or its closed packaging.

Acceptance of the complaint by the customer service team at “Nawaqees” necessarily means that processing the cash refunds will take up to 14 business days, in the broadest sense, especially when there is a third party. The period will increase in the event of an emergency, official holiday, or technical obstacle.

In all cases of return and exchange, the product must be in its original packaging, and any product that does not meet these conditions and any condition specified by “Nawaqeq” will not be accepted.

# Modification of the User Agreement:

Nawaqs has the right at any time to amend the User Agreement without any prior notice.

The most current version of the Terms of Use can be accessed on the respective pages of the Site and the Application at any time.

If the modifications to the Terms and Conditions are not acceptable to the User, please stop using our electronic windows immediately.

Your use of Nawaqees services through the website/application means your agreement and commitment to what is stated in the User Agreement and any agreement issued by Nawaqees later.