Terms and conditions
www.almalki.store accessible whether via internet access, and/or mobile application (the “Website”).
- Legal notice
The Website is operated by AlMalki Group Holding, trading as National Marketing Company, a company duly organized under the laws of the Kingdom of Saudi Arabia, under the Commercial Registration number 4030052585, whose registered address is at P.O. Box 337, Jeddah, Kingdom of Saudi Arabia and whose paid-up share capital is SAR 20,000,000 (“National Marketing Company”, “NMC”, “us”, “we”, “our”).
By visiting the Website, you agree to be bound by, consent to comply with, and consent to the practices described in, these Terms and Conditions, which govern your access and use of the Website and all content and functionalities available on the Website (or any of our other websites and related micro-sites accessed through the URL www.almalki.store and related domain names) (the “Services”).
- Intellectual Property
We grant you a non-transferable and revocable personal license to use the software that is provided to you by us as part of the Website, for the sole purpose of enabling you to use and enjoy the benefit of our Services, as provided by AlMalki Group in the manner permitted by the Terms and Conditions. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in writing in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you, and without prejudice to any other rights of AlMalki Group.
All copyright, trademarks, trade names, trade dress, designs, the “look and feel” of the Website, other intellectual property and material, rights on and relating to the Website including software and all HTML and other code contained in the Website, page headers, images, texts, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads and video clips (collectively, the “IP”) are and shall at all times remain vested in AlMalki Group and/or are the property of their respective owners, and are protected by the Kingdom of Saudi Arabia and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on our Website for your personal, non-commercial use only as expressly authorized by AlMalki Group and/or its third party licensors provided, however, that you (i) do not modify or alter the IP in any way; and (ii) do not provide or make available the IP to any third party in a commercial manner. You will not acquire any copyright, trademark or other proprietary rights whatsoever in the IP. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Website or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP or our Website. The IP may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the IP is strictly prohibited.
AlMalki Group is the exclusive owner or licensee of the IP (as applicable) and is the exclusive licensee of the www.almalki.store domain name.
- Availability of the Website
You acknowledge that (i) it is technically impossible that the Website will be provided free of defaults and that AlMalki Group cannot take any responsibility for this, (ii) that defaults may lead to the temporary unavailability of the Website, and that (iii) the operation of the Website may be adversely affected by conditions and performances outside AlMalki’s control, such as, for example, transmission and telecommunication links between AlMalki Group and you and between AlMalki Group and other systems and networks.
While AlMalki Group has tried to accurately display the colors and shape of products, the actual colors and/or shape You see will depend on your monitor and may not be accurate.
AlMalki Group may at any time, temporarily or permanently modify or interrupt, all or part of the Website in order to perform maintenance work and/or make improvements and/or changes to the Website. AlMalki Group is not liable for any modification to or suspension or interruption of the Website.
- TERMS OF SALE
The purchase of products through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the Kingdom of Saudi Arabia.
In order to make purchases on the Website, you must provide your personal details, including your real first and last name, valid mobile telephone number, valid e-mail address, payment details, valid billing address and other requested information as indicated. You represent and warrant that the payment details you provide are valid, complete and correct and confirm that you are the person referred to in the billing information provided.
The Website is only available to persons who meet AlMalki Group terms of eligibility, for online payments for those who hold a valid credit card by a bank acceptable to AlMalki Group, and those who have authorized us to process a charge or charges on their credit card in the amount of the total purchase price for the product(s), including any taxes or delivery fee if applicable, which they purchase. Products purchased are for personal or gift use only and shall not be re-sold, used for commercial purposes or for any other commercial benefit. AlMalki Group reserves the right to restrict multiple quantities of an item being delivered to any one customer or delivery address.
By making an offer to purchase products(s), you expressly authorize AlMalki Group to perform credit checks and to transmit or obtain your credit card information or credit report information (including any updated information) to or from third parties to authenticate your identity, validate your credit card, obtain an initial card authorization and/or authorize individual purchase transactions, as we deem necessary. You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks and such personal information may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
- Order of the products
The products available on the Website, including any samples or gifts with purchases AlMalki Group may provide to you, are for your personal or gift use only. You may not sell or resell any products you purchase or otherwise received from AlMalki Group.
The products appearing for sale on the Website are subject to acceptance and availability. If, for any reason following the placement of an order for product(s), we are unable to supply a particular product, we will inform you as soon as possible and cancel your total order.
Please note that you can order up to 5 (five) items of a product.
All orders are subject to acceptance. We reserve the right to refuse or cancel an order for any reason, including inaccuracies, or errors in product or pricing information, that we are unable to obtain authorization for payment, that delivery restrictions apply to a particular item, that the item ordered does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the Terms and Conditions or any other problem identified by us.
AlMalki Group will store a record of your transactions for a minimum of 10 (ten) years and will keep such record for a reasonable time.
Once your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, it is a confirmation that we have received it.
One of our agents will call you to confirm your order and in the event the agent is unable to reach you at the number you have provided upon registration you will receive an email to which we ask you to respond to in order to confirm your order. In the absence of confirmation, the initial order will still be processed.
Unless cancelled, acceptance of your order will be finalized upon completion of the packing of your order, at which time you will receive an email confirming that your order has been accepted and dispatched. The sale contract is therefore concluded in Kingdom of Saudi Arabia at the time of such acceptance and the language of the contract shall be in Arabic. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of AlMalki Group.
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product (including without limitation samples and gifts with purchase) from the Website, whether or not that product has been sold, removing, screening or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Every effort is made to make sure all details on the Website are accurate, however we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the product(s), we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
By confirming your purchase at the end of the order process, you agree to accept and pay the full amount payable for the product(s) as set out in your order, including any delivery charges applicable to that order.
- Prices and payment policy
The prices include the value-added tax (VAT) applicable on the day of the Order. Any change in the applicable VAT rate will be automatically reflected in the price of products sold by AlMalki Group within its Site.
www.almalki.store charges sales tax on orders delivered to the KSA. The tax rate applied depends on your deliver-to destination. Tax is calculated on the merchandise total of your order, and in some provinces sales tax is payable on delivery and handling charges.
Value-added tax (“VAT”)
The prices include VAT applicable on the day of your order. Any change in the applicable VAT rate will be automatically reflected in the price of products sold by AlMalki Group within its Website.
Registration number 300254893300003
If you are a customer whose credit card is not denominated in Saudi Arabian Riyals, the final price will be calculated in Saudi Arabian Riyals.
We accept the following forms of payment:
- credit card: VISA-MASTERCARD-AMERICAN EXPRESS
- cash on delivery (“COD”)
All credit card payments are subject to validation checks and authorization by the issuer. If the issuer of the credit card refuses to authorize payment, we will not be liable for any delay or non-delivery. We will cancel your order and may contact you for an alternative method of payment.
The details on the credit card used to make the payment must match the exact ID information of the cardholder as held by the issuer. Payment will be authorized and kept on hold upon the placement of your order and will be debited from your account upon dispatch of your order by AlMalki Group You confirm that the credit card that is being used is yours or that you have been specifically authorized by the owner of the credit card to use it.
No credit cards’ details will be stored, sold, shared, rented or leased to any third parties except by our online payment gateway service provider.
We take reasonable care to make the Website secure. Rest assured that your card number will be protected using SSL (Secure Socket Layer). SSL is a security technology that encrypts your card details and provides a secure connection between Internet browsers and websites, allowing you to transmit private data online. We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
AlMalki Group delivers in the Kingdom of Saudi Arabia and we estimate that your order is expected to be delivered within two (2) to seven (7) days from the day the order has been confirmed by email depending on your area.
Delivery charges, if applicable, will be added to the price of the Products and will be indicated in your local currency, separately on the order form during the check-out process.
For all orders, if you chose to pay:
- by credit card, the delivery will be free of charge
- by cash on delivery, the delivery fee will be SAR 20
If no one is available to accept delivery of the order, you will have the option to arrange for an alternative delivery date or be given additional information about the collection of your order from the courier company . If you fail to collect your delivery by the second attempt you may be charged an additional delivery fee for any further attempt.
Orders may not be delivered to P.O. boxes, AFO/FPO addresses or to any address outside KSA.
Orders are delivered Saturday through Thursday, excluding Friday and public holidays.
We fully understand that sometimes you might change your mind regarding your purchase. If you change your mind before receiving your order, just email our Customer Service at email@example.com to cancel your order and we will use all reasonable endeavors to cancel it providing your order has not yet been processed. If your order has already been processed, such cancelation will be treated as a return. Please refer to our Return section below for further information. In all circumstances, you can always contact our Customer Service who will be happy to assist you.
If you receive a wrong product, or a product received by you is damaged or defective, or if you simply wish to return your product for any reason.
All products must be returned to us, unused and with all tags, if any, still attached and in the same condition as received, in good condition and in their original box and packaging, along with the original invoice, within 14 (fourteen) days of receipt by you. We will not accept any returns for products if the original packaging has been opened or tampered with.
Returns that are damaged or soiled may not be accepted.
Once we have inspected the returned product(s) and approved the return, we will refund the price paid by you for the product(s), with the exception of applicable taxes or import duties, if any, and initial delivery charges.
Products are damaged or defective if they are received damaged. Items that are damaged as a result of normal wear and tear are not considered to be damaged or defective. Where possible, we will offer to repair defective items.
In case of defective products and after our inspection and approval, we will refund the price paid by you and the delivery fee, if any.
In all cases, we will process the refund of the price paid by you in cash and only in store.
We offer a flexible return policy to make your online shopping experience as easy and convenient as possible. However, we monitor the number of returns made by customers and may refuse to accept orders at our discretion if products are returned repeatedly
- Product liability
By buying products through our Website, you acknowledge and agree that AlMalki Group carries no product liability save as described in the preceding paragraphs in relation to returning and exchanging the products or refunding/crediting the price paid, and that full liability for the products rests with the manufacturer. The terms of
AlMalki Group provides no warranty as to the accuracy of the content on the Website, nor does it warrant that such content is error free or reliable or that your use of the content will not infringe the rights of third parties. AlMalki Group, does not warrant that the functional aspects of the Website or its content will be error free or that the Website, its content or the server that makes it available are free of viruses or other harmful components. If your use of the same results in any damage or the need for servicing or replacing property, material, equipment or data, AlMalki Group is not responsible in any way for those costs. AlMalki Group makes no warranty regarding the Website’s content, software, text, downloads, graphics or links, or any results from using the Website and you bear the entire risk of the completeness, accuracy or usefulness of any content on this Website. AlMalki Group reserves the right to withdraw any content from the Website at any time and for any reason. Removal may be immediate and without notice. You confirm that AlMalki Group is not liable to you or any third party for any such withdrawal.
We endeavor to provide an accurate description of the products on our Website and to display the colors of the products as accurately as possible. We cannot guarantee that your monitor’s display of any color will be accurate.
The personal opinions of the labels and brands whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of AlMalki Group and we accept no responsibility for any such views expressed in any media.
LIMITATION OF LIABILITY
Nothing in these Terms and Conditions is intended to affect your rights as a consumer under the laws of the Kingdom of Saudi Arabia.
The use of the Website or any of the Services or products available thereon is at your own risk, and unless otherwise stated in these Terms and Conditions, you assume full responsibility and risk of loss resulting from your use of the Website or any of the Services or products available thereon.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL ALMALKI GROUP OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ALMALKI GROUP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL ALMALKI GROUP BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU TOWARDS THE PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITES AND CLAIMS IN EXCESS OF THIS LIMITATION.
We reserve the right to modify these Terms and Conditions at any time without notice to you. Any modifications of these Terms and Conditions will be effective once published on our Website. Your continued use of the Website (or any of our other websites) following such change shall signify your agreement to be bound by the modified Terms and Conditions. Please read the Terms and Conditions and check back often. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the Website.
These Terms and Conditions constitute the whole legal agreement between you and AlMalki Group and govern your use of the Website and all Services and products available thereon and completely replace any prior agreements between you and AlMalki Group in relation to the same.
You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you and AlMalki Group may stop providing the same (or any features within them) to you or to users.
You understand that AlMalki Group grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials and AlMalki Group reserves the right to revoke these exceptions either generally or in specific cases.
You understand that you are solely responsible for (and that AlMalki Group has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which AlMalki Group may suffer) of any such breach.
If AlMalki Group does not exercise or enforce, or delays in its exercise or enforcement, of any legal right or remedy, this will not be taken to be a formal waiver of AlMalki Group’s rights.
You and AlMalki Group are independent contractors, and these Terms and Conditions, including but not limited to submission or distribution of Your Content, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and AlMalki Group. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set out in the Terms and Conditions. Neither party shall advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liability or obligation on behalf of, or in the name of, the other party, unless specifically provided for in these Terms and Conditions.
If any of the provision of these Terms and Conditions is held to be illegal or unenforceable, the other terms of these Terms and Conditions shall not be affected and shall remain in full force and effect.
These Terms and Conditions are reproduced in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the Arabic text will prevail.
These Terms and Conditions are governed by the laws of the Kingdom of Saudi Arabia and all disputes arising hereunder are subject to the exclusive jurisdiction of the Saudi courts.