Terms & Conditions

Please read these terms carefully before using our services

Terms Of Service

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  1. THESE CONSUMER TERMS
    1. The Agreement; Consumer Terms. These Consumer Terms and any Policies (together, the "Agreement"), each as may be modified from time to time as described in Section 21.1., apply when you visit our App, register for an Account or use the Services (as defined in Section ‎3 below). In this Agreement, “you”, “your” refer to you, the user of the Services and “we,” “us,” “our,” or “Shopping Gate” refer to the provider of the Services. Further information regarding us is set out in Section 2 below.
    2. Why you should read the Agreement. These Consumer Terms tell you who we are, how we will make available and provide the Services to you, how you and we may change or end this Agreement, what to do if there is a problem and other important information.
    3. Nature, provision and language of the Agreement. This Agreement forms a legally binding agreement between you and us. By using the App, you confirm that you have read this Agreement, agree to all terms, conditions, and notices contained or referenced in this Agreement, and you provide your express consent to the same. Further:
    1. a copy of the Agreement, as amended from time to time, is available to you on the App;
    2. throughout the duration of the Agreement, you may request to be provided with the Agreement, and a link to the Agreement will be sent to your email address free of charge; and
    3. the Agreement will be provided to you in Arabic and English, provided however that at all times your relationship with us will be governed by the Arabic language version. We provide you with the English version for ease of reference only.
  2. INFORMATION ABOUT US AND HOW TO CONTACT US.
    1. We, Qatoon Digital Company, a single person limited liability company incorporated in the KSA, with commercial registry number: 5950141263 and having its registered office at 4476, 8323 Najran, P.O. Box: 66231, the Kingdom of Saudi Arabia own and operate the App and facilitate your use of the App, directly or through our Affiliates, albeit that at all times your relationship regarding the use of the App is only with us.
    2. We provide the Marketplace for you to complete purchases of Products as listed and sold by Sellers, as may be applicable, through the Marketplace.
    3. You can contact us by writing to us by email at support@shoppinggate.app, or through the App by submitting a form via a button marked ‘Contact Us’ on the App. If we have to contact you, we will do so by email or other methods, as we deem necessary from time to time. We will not contact you to ask for your password, Credentials, OTP, PIN or confidential banking information (such as card details, digit security code on the back of your card).
  3. DEFINITIONS

The following terms shall have the meaning ascribed to them wherever they appear in this Agreement unless the context requires otherwise:

“Account” means the electronic account you open with us to create a profile on the App and to use the Services.

“Affiliate” means a third person owned or controlled by us or any entity controlled by, in control of, or under common control with us.

“AI” means artificial intelligence.

“App” means the Shopping Gate mobile application that runs on Mobile Devices (such as IOS and Android or any other software recognized by us) for individuals.

“App Wallet” means the digital wallet we make available on the App, either by ourselves or by a third party, as further described under Section 10.

“Applicable Law” means all applicable national, local, municipal legislation, regulations, statutes, by-laws, consents and/or other law, orders, court rulings and any other instrument having the force of law as may be issued and in force from time to time (and any amendment or subordinate provisions) relating to or connected with the activities contemplated under this Agreement (including in KSA).

“Available Balance” means the amount labelled as such in your App Wallet reflecting the total amounts transferred to your App Wallet and is the balance of funds you can use from your App Wallet in accordance with this Agreement.

“Business Day” means a day other than a public holiday on which banks are normally open for business in KSA.

“Cart” means your virtual shopping cart within the Marketplace on the App.

“Communications” has the meaning ascribed to it under Section 20.

“Contributions” has the meaning ascribed to it in Section 5.

“Credentials” means your mobile number and/or any other access keys you use to access your Account.

“Digital Products” means all digital top-up cards, codes and other products, content and/or software made available in the Marketplace for you to purchase.

“Intellectual Property Rights” means all patent rights, copyrights, semiconductor topography rights, rights in software, moral rights, trade mark and/or service marks, logos, rights in or relating to databases, rights in or relating to confidential information or trade secrets, rights in relation to domain names and any other proprietary rights (registered or unregistered) throughout the world, including all rights of reversion and rights to any applications and pending registrations and the right to sue for and recover damages for past infringements.

“KSA” means the Kingdom of Saudi Arabia.

“Marketplace” means the digital marketplace made available by us to you through the App, which allows you to view and purchase the Products from us and Sellers, as may be applicable.

“Merchant” means the third-party retailer who makes available certain Products for you to purchase through the Marketplace.

“Mobile Devices”  meansDevices” means any mobile communication device through which you download, access and use the App.

“OTP” means the one-time password that is sent to your mobile number registered with us, which is valid for a specific action you have requested or initiated through the App.

“Policies” means all of our policies, notices, procedures, specifications, frequently asked questions (“FAQs”), guides, and guidelines that are provided or made available to you, appear on the App or are referenced in this Agreement including but not limited to our Privacy Policy, Returns and Refunds Policy.

“Products” means all physical goods, products, services, and/or Digital Products, made available in the Marketplace for you to purchase.

“Seller” means with respect to a specific Product, either us or a Merchant.

“Services” means our services offered through the App on an ‘as is’ basis, including enabling your access to the Marketplace.  

“Shopping Gate IP” means the App, and any reports, software (including without limitation developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any integration guides), and underlying data (including threat data, usage data and other aggregated or anonymized data) in or generated by the App; any related documentation, specifications and know-how; and any updates, code fixes, modifications design elements, branding, and proprietary technology or processes used in or related to the App or derivative works of any of the foregoing provided by us or our Affiliates to you to access or use or otherwise download, including this Agreement. For the avoidance of doubt, Shopping Gate IP does not include any software, data or other materials specifically made available by us or our Affiliates under separate license terms or that were created by a third party, including without limitation software provided under an open-source license.

“Taxes” has the meaning ascribed to it under Section 9.21.

“Verification Process” means the process of verifying your identity or request that you must undergo and complete successfully through the App in order to benefit from the Services, from time to time, including but not limited to providing OTPs.

“Wallet Provider” has the meaning given to it in Section ‎10.1

References to 'sections' shall correspond to the numbered sections within the Consumer Terms.

  1. REGISTRATION
    1. Whilst you may browse the App or otherwise engage with us free of charge, you acknowledge that without creating an Account, certain parts of our App will not be accessible, and your use of the Services will be limited.
    2. In order to purchase Products on the Marketplace you must register for an Account on the App. As a part of your registration process, we will at a minimum require you to provide your full name, mobile number and e-mail address. All fields marked as ‘mandatory’ on any forms issued to you on the App to complete as part of your registration process must be populated before you may be permitted to access the App to purchase Products.
    3. We reserve the right to at any stage of your use of the Services, request any additional information from you, including to successfully complete your registration, and meet our obligations under Applicable Law.
    4. You:A. will promptly provide us with all documents, information, clarifications and other evidence that we reasonably ask for at any stage of you using the Services; B. must provide current, complete, and accurate information and maintain it as complete and accurate during your use of the Services; and C. authorise us to make, directly or through any third party, any inquiries we consider necessary to validate information that you provide to us. 
    5. You acknowledge and agree that the continued availability of the Services provided by us is at our sole discretion. We may suspend or cancel any of the Services we provide, temporarily or permanently, at any time.
    6. We treat all activities in respect of an Account to be yours. You must only use the Account to participate on the Marketplace on your own account and not on behalf of any other person or entity.
    7. Your Credentials will be used to access your Account on our App and for communications with you. You are responsible for maintaining the secrecy and security of your Credentials. You should not disclose your Credentials to any third party. If any of your Credentials are compromised, you must notify us immediately by email at support@shoppinggate.app, so that we can suspend use of your Account with our Services in order to avoid unauthorized purchases. We assume no obligation to verify the authenticity of any instruction received from you or alleged to have been sent by you through methods other than verification of Credentials, OTP or other Verification Processes.
    8. By applying to open an Account on the App to purchase Products you represent and warrant that:
    1. you are at least 18 years old;
    2. you are not a person barred from using the App under Applicable Law;
    3. you have not previously had a registration application for an Account declined or an Account terminated; and
    4. you are using the App in your capacity as a consumer and not for commercial purposes.
  1. ACCEPTABLE USE
    1. Whenever you use the Services or interact with our App in any way, you must comply with the obligations and restrictions set out in this Section. You must comply with any instructions that we give you regarding your use of the App.

Acceptable uses.

    1. You may not use our App:
  2. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
  3. directly or indirectly, for or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any Applicable Law;
  4. for the purpose of harming or attempting to harm us, the App or another user in any way;
  5. to bully, insult, intimidate or humiliate any person;
  6. to submit, use or re-use any material which does not comply with our content standards (as set out in this Section);
  7. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  8. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    1. You also agree:
    1. not to reproduce, duplicate, copy or resell any part of our App in contravention of the provisions of the Agreement;
    2. not to access without authority, interfere with, damage or disrupt:
      1. any part of our App;
      2. any equipment or network on which our App is stored;
      3. any software used in the provision of our App; or
      4. any equipment or network or software owned or used by any third party.

No text or data mining, or web scraping.

    1. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to any personal data accessed through the App. This includes using (or permitting, authorising or attempting the use of):
      1. any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of any personal data accessed through the App; and
      2. any automated or AI-driven analytical technique aimed at analysing personalized information and personal data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

No use of content for AI model training or development.

    1. You shall not use, or permit the use of, any content, data, text, images, or any other materials from the App or our website for the purpose of training, fine-tuning, or developing AI models, including but not limited to large language models (“LLMs”), machine learning algorithms, or automated systems, including:
        1. using any manual, automated, or AI-powered methods to collect, store, or process any content from the App or our website for model training, dataset creation, or algorithmic development;
        2. submitting any content from the App or Website into any AI training dataset, machine learning framework, or generative AI system; and
        3. using the App or our website in a manner that facilitates or enables AI-driven content generation, automated summarization, or any other AI-powered function that reproduces or repurposes content from the App or our website.

Content Standards.

    1. These content standards apply to any and all content or other material which you post, list, upload or otherwise contribute to our App (“Contribution”). The standards apply to each part of any Contribution as well as to its whole. We will determine, in our sole discretion, whether a Contribution breaches the content standards.
      1. A Contribution must:
  2. be accurate (where it states facts); and
  3. comply with all Applicable Laws.
      1. A Contribution must not:
  1. be defamatory of any person;
  2. be obscene, offensive, hateful or inflammatory;
  3. bully, insult, intimidate or humiliate;
  4. infringe any Intellectual Property Rights of us and any other person or entity;
  5. be likely to deceive any person;
  6. breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  7. contain illegal or discriminatory content or promote any illegal or discriminatory content or activity;
  8. be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
  9. be likely to harass, upset, embarrass, alarm or annoy any other person;
  10. impersonate any person or misrepresent your identity or affiliation with any person;
  11. give the impression that the Contribution emanates from us, if this is not the case;
  12. advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; or
  13. contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
    1. You warrant that any such Contributions comply with the standards set forth in this Section 5 and any other requirements under the Applicable Laws, and you are liable to us and shall indemnify us for any breach of such standards.
    2. Any content you submit to our App will be considered non-confidential and non-proprietary. You retain the ownership of all Intellectual Property Rights in your Contributions, but you grant us the right to reproduce, display, modify, manage, distribute and store your Intellectual Property Rights as a part of, or for promotion of, the App. We are under no obligation to compensate you for any use of your Intellectual Property Rights under this Agreement or any other use on the App.
    3. You are solely responsible for securing and backing up your Contributions.
    4. In addition to the other provisions of this Section 5, we reserve the right to impose additional acceptable use terms in relation to the operation of the Account and the provision of any Services.
  1. PRODUCT AND PRICING INFORMATION; AVAILABILITY
    1. Each Product on the Marketplace is sold at the price displayed to you on the App, excluding any Taxes. The standard currency on the Marketplace is Saudi Arabian Riyals (“SAR”), including all Products’ pricing information and payment transactions (authorizations and settlements).
    2. We list availability information for Products sold on the Marketplace including on each Product’s information page. Beyond what we say on that page or otherwise on the App, we cannot be more specific about availability. We cannot guarantee that any Product will be available even if displayed on the App. All Products listed on the App are subject to the Products being available for sale.
    3. As we process your order, you will be notified as soon as possible (including through the App interface) if any Products you order turn out to be unavailable, and if your payment for the order has been processed, we will refund you the respective amount. Even though we strive to provide you with accurate information on each Product, note that the actual Product including its packaging, materials, specifications, instructions, ingredients and other details may differ to what is displayed on the Marketplace. The information we provide is for informational purposes only and should not be relied upon exclusively. Always read the labels, warnings, instructions and other information included with the Product before use.
    4. For healthcare Products (including cosmetic, nutrition, beauty, etc.), if you have any safety concerns or need more information, please review the information provided with the Product or contact its manufacturer directly. Any information and statements on healthcare Products we make available on our App does not replace medical advice from licensed medical practitioners and is not intended to diagnose, treat, cure, or prevent any disease or health condition. We are not responsible for any inaccuracies or misstatements made by manufacturers or other third parties. We are also not responsible for any effect or side effect of any Product, including healthcare Products you may use. If you suspect a medical issue, consult your healthcare provider immediately.
    5. If a Product is listed at an incorrect price due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that Product, unless the Product has already been dispatched. We may further, in our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
    6. If we accept your order your payment shall be debited to your relevant payment method (pursuant to Section 9) and duly notified to you that the payment has been processed. The payment may be processed prior to our dispatch of the Product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to you, via the payment method you have used to pay for such Product. No cash disbursement shall be made under any condition whatsoever.
    7. Unless expressly stated otherwise on the App, we are not the manufacturer of any Products sold on the App.
    8. We strive to provide you with the best prices possible on the Marketplace, however, prices and availability of Products are subject to change at any time without prior notice.
  2. SELLERS; ORDERS
    1. All Products on the Marketplace are sold by the Seller specified on the Marketplace, in respect of each Product.
    2. Where the Merchant is the Seller of the Products you order, you hereby acknowledge and agree that:
    1. we are neither the buyer nor the seller of the respective Products;
    2. the contract formed at the completion of the sale of the respective Products is solely between you and the Merchant as the Seller;
    3. we are not a party to such contract nor assume any responsibility or liability arising out of or in connection with such contract;
    4. we do not act as the agent of the Merchant selling you the respective Products;
    5. the Merchant is responsible for the sale of the respective Products and for dealing with any claims that you may have or any other issue arising out of or in connection with the contract between you and the Merchant and the respective Products;
    6. Merchants are independent of us and not in any way connected with us;
    7. Merchants are solely responsible for their respective Products and may have separate terms which apply to your use of such Products, and it is your responsibility to check these terms to ensure that you have read, understood and agree to them;
    8. your use of any Products sold by any Merchants are at your own risk and that we are not liable to you in respect to your use of the respective Products; and
      1. the content, and the availability of Products sold by Merchants, should not be construed as any form of: advice, recommendation, endorsement or solicitation; or representation, warranty or guarantee that the Products are appropriate or suitable for you.
    1. Where we are the Seller of the Products you order, you acknowledge and agree that:
  1. we are responsible for the sale of the respective Products and for fulfilling your order in accordance with this Agreement;
  2. a contract is formed between you and us upon our acceptance of your order as per Section ‎7.7;
  3. we assume responsibility for the quality, delivery, and any post-sale obligations related to the respective Products, subject to the limitations of liability outlined in this Agreement;
  4. any warranties, guarantees, or representations regarding the respective Products shall be as expressly stated by us and subject to applicable laws;
  5. in the event of any issues related to the purchase, delivery, or quality of the respective Products, you should contact us directly through the available support channels specified in this Agreement;
  6. our Returns and Refunds Policy shall apply to any cancellations, returns, or exchanges in relation to the respective Products; and
  7. unless explicitly stated otherwise, the terms governing Products sold by Merchants under Section‎7.2 do not apply to Products sold by us.
    1. All Products and pricing information displayed on the Marketplace constitute ‘invitations to offer’. Your order for purchase of Products, constitute your ‘offer’ and shall be subject to the terms of this Agreement.
    2. You can place orders for any Products by adding the Products (or a certain quantity of Products) to your Cart, clicking the shopping cart icon, completing the checkout process and clicking ‘Checkout’.
    3. Your Cart allows you to keep Products for checkout at a later time. You can modify the contents of your Cart at any time, including adding, removing or adjusting quantities of the Products. Products in your Cart have not been purchased by you, remain listed on the App, and subject to availability and stocks, may be purchased by another user.
    4. Our acceptance of your orders will take place when we notify you of our acceptance in writing (e.g. by e-mail or by mobile messaging). If we are unable to accept your orders, we will inform you of this in writing and will not charge you for the Products. If we do not accept your order and you have already paid for it, we will give you a full refund of any amount already paid for that Product in accordance with our Returns and Refunds Policy.
    5. You can track your orders through your ‘Profile’ on the App, by clicking the ‘Orders’ section. If your order contains multiple Products, they may arrive in separate shipments with distinct delivery dates and tracking details.
    6. You may cancel your orders at any time, for any reason, prior to you being notified of such Products being dispatched, as applicable. We reserve the right to reject any of your orders at our sole discretion including if:
        1. a certain order is not capable of being fulfilled due to the Products not being available and in stock;
        2. you attempt to bulk or multi-order Products (in accordance with Section 7.10);
        3. your payment of the relevant price for the Products fails for any reason;
        4. you do not, within a reasonable period of time from us requesting, provide us with information that is necessary for us to supply the Products; or
        5. you do not, within a reasonable time, accept the delivery of the Products or collect them from us.
    7. All Products are intended for personal use only and any resale, transfer or other commercial use in contravention to this Agreement is prohibited. As such, we may also cancel your order if we detect and determine that you are submitting orders to purchase specific Products in bulk or are making orders for Products for commercial use. The following shall, without limitation, constitute bulk ordering:
          1. Products ordered are not for self-consumption but for commercial resale;
          2. multiple orders placed for same Product at the same address, depending on the Product category;
          3. bulk quantity of the same Product ordered; or
          4. any abuse or fraud used to place the order.
    8. You may make the payment for your orders by following the steps displayed to you on the App interface (which may include our third-party payment services provider), via the payment methods we make available. Please see Sections 9 and 10 for further details.
    9. Special offers or reduced prices may apply to Products in your Cart, through the application of promo codes. You must apply the correct promo code during the checkout process to avail any changes in the price of the Products.
  1. DELIVERY, COLLECTION AND TITLE
    1. We only deliver Products in specific regions within the KSA. We provide a variety of delivery methods for you to choose from, depending on various factors, including your location in KSA and the size of the Product you order. However, we cannot guarantee delivery to your location if it falls outside our designated delivery areas.
    2. You can add your preferred addresses on the App, by clicking on ‘Profile’, navigating to ‘Address Management’ and saving your address(es). The Products you order may either; (i) be delivered to the address you specify; or (ii) be collected by you.
    3. If you elect to collect the Products in your order, we will communicate with you to confirm when the Products are ready for your collection as well as the address from where the Products may be collected. Certain Products may not be eligible for collection by you or may have limited store addresses from where they can be collected.
    4. Where we are the Seller, the Products may be delivered by us or directly by our supplier, who may contact you to arrange delivery. Where a Merchant is the Seller, the Products may be delivered by us or directly by the Merchant, who may contact you to arrange delivery.
    5. The estimated dates of delivery and corresponding delivery costs will be displayed to you on our App when you checkout. You agree to such delivery dates and that are responsible for paying for all delivery costs of your order.
    6. While we will provide you with estimated delivery dates upon accepting your order, such dates are not guaranteed delivery times and should not be relied upon as such. We strive to deliver your order as soon as possible; however, we will not be liable if we fail to do so in part or in full due to circumstances or events outside of our control. We will contact you as soon as possible to let you know of such delays and we will take steps to minimise the effect of the delay.
    7. If no one is available at your address to take delivery and the Products cannot be successfully delivered, we will notify you of how to rearrange delivery or collect the Products. If you do not collect the Products 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.
    8. We may at delivery or collection, at our sole discretion, make any inquiry we deem necessary to verify your identity and/or ownership of your financial instruments by requesting that you provide us with further information or documentation, including, but not limited to requesting a form of identification and/or credit card. If we are unable to verify or authenticate any information you provide, we have the right to refuse delivery or collection and cancel the order.
    9. The Products will be considered owned by you and your responsibility from the time we deliver the Products to the delivery address you provide or you collect the Products from the respective store.
    10. Upon successful delivery or collection, an electronic invoice for your purchase will be issued and sent to the email address you provide to us.
    11. You are at all times responsible for providing accurate and up to date information about your address. We are not liable for any errors or issues resulting from inaccurate or outdated address information you provide.
  2. PAYMENTS ON THE MARKETPLACE

Payment methods

    1. We accept various payment methods for purchases made through the App, which in addition to any other method that we may make available on the App, may include major payment cards (Mada, Visa, Mastercard, etc.), digital wallets (Apple Pay, etc.), your App Wallet, and buy now pay later (“BNPL”) services offered by third parties we integrate with.
    2. By using our App and by placing an order on the Marketplace, you agree to use the various payment methods we offer, either directly, through our Affiliates or through third parties’ applications and authorise us and/or third party financial institutions with whom we integrate (including any payment processors, BNPL service providers, etc.) to process your payment details for the amount of your order. We are not responsible for any delays or issues caused by any authorisations or decisions of such third parties.
    3. When making a payment on the App (for purchases of Products, top-ups of your App Wallet or otherwise) using the services of any third-party financial institutions integrated on the App (including any digital wallet provider, BNPL service provider, etc.), you agree that your payment will be processed in accordance with such third party’s individual terms and conditions. Your eligibility to avail of any BNPL services offered by third parties integrated on the App will be determined by the respective BNPL provider and is based on their criteria, which may include credit checks or other assessments.

Preferred payment methods

    1. You can save your preferred payment method, by clicking on ‘Profile’, navigating to ‘Payment Method’ and selecting your preferred payment method, including entering and saving the details of your preferred payment card.
    2. By adding a payment card to your Account, you agree that the App will store your payment details in a secure manner.
    3. You are at all times responsible for ensuring that your payment details are valid, accurate and up to date. We are not liable for any issues or errors resulting from outdated or incorrect payment information.

General

    1. When you click ‘Checkout’ and complete the transaction through your chosen payment method: (a) you acknowledge that this will be regarded as evidence of you authorising the purchase by us if you use the App Wallet; or (b) any properly authenticated instruction received from our third party providers if you use a payment card, digital wallet or the BNPL services, will be deemed properly authorised by you without any further investigation by us.
    2. Certain payment methods may incur processing fees, which will be clearly displayed to you on the App’s interface during the checkout process. These fees are in addition to the price you pay for the purchase of the Products. By placing an order, you acknowledge that such fees are your responsibility, and you agree to pay any such fees associated with your chosen payment method.
    3. We may periodically update the payment methods available on our App. It is your responsibility to stay informed about any such updates.
    4. If you are using a payment card supplied by banks other than those in the KSA or making payments in a currency other than SAR, the amount on your payment card bill may differ due to exchange rate fluctuations and any charges that the card issuer/bank may have debited.
    5. You are responsible for any and all taxes and duties, including without limitation, sales, use, transfer, value added, withholding, and other statutory, governmental, state, local governmental or municipal impositions, duties, contributions, deductions, withholdings, and levies assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with any request for or performance or use of the Marketplace, your use of the App, the buying or selling of any Products or services, or otherwise in connection with any action, inaction, or omission by you or any affiliate of yours and whether of the KSA or elsewhere whenever imposed (“Taxes”). You also are responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We and our Affiliates are not obliged to determine whether Taxes apply to you and are not responsible for calculating, collecting, reporting, or remitting any Taxes to any tax authority arising from your use of the Services. It is advisable you seek professional advice in respect of any Taxes that may apply when making purchases on the App.
    6. We may refuse to execute any transactions or orders or other use of the Services if we have reasonable grounds to suspect fraud, a breach of the Agreement by you or a violation of law. Transactions may also be delayed due to our or a third party's compliance with its obligations under Applicable Laws related to anti-money laundering, counter-terrorism financing, and sanctions compliance , including if we or the relevant third party suspect the transaction involves fraud. In the event that we refuse to execute a transaction or order or other use of the Services, you will be notified and we will provide you with objectively justifiable reasons for the refusal, unless it is unlawful for us to do so, or would compromise reasonable security measures.
    7. If you suspect any unauthorized access or fraudulent activity related to your payment information, you should contact our support team immediately.
    8. If you encounter any other issues with making payments on the App, you should report the issue to our customer support team by clicking on ‘My Orders’, navigating to ‘Order Details’ and reporting the issue by clicking ‘Report Issue’. Please include all necessary information to facilitate the resolution of the issue, such as transaction details and descriptions of the issue. We will ensure that all issues reported are handled and addressed in a fair and timely manner. We will communicate with you regarding your issue and may request additional information, details and documents from you to be able to resolve the issue and you hereby agree to cooperate fully with our investigation and resolution process in all respects.
  2. APP WALLET
    1. The App Wallet may be provided to you by a third party service provider (“Wallet Provider”). You acknowledge and agree that the App Wallet will be a digital wallet provided and operated by the Wallet Provider. While the App enables you to access and use the App Wallet, your legal and contractual relationship in respect of the App Wallet is solely with the Wallet Provider, and not with us. We do not provide, operate, maintain or control the App Wallet, nor do we accept any responsibility or liability in connection with your use of the App Wallet.
    2. Your Account on the App facilitates your access to and interaction with the App Wallet, but we do not process or hold any funds on your behalf.
    3. Your App Wallet will enable you to:
  1. transfer funds from your bank account and payment card to your App Wallet;
  2. manage the receipt of funds through availing BNPL services, as offered by our third party providers; and
  3. make transfers to and receive transfers from other wallets within the App,

all subject to the terms and conditions set by the Wallet Provider to you, and Applicable Laws.

    1. You acknowledge that your App Wallet is not a bank account and does not make available an overdraft facility. Your App Wallet will allow you to use the Available Balance exclusively to make purchases of Products in the Marketplace on the App.
    2. You acknowledge and agree that we may stop providing the App Wallet to you at any time in our sole discretion. You may stop using the App Wallet at any time. You do not need to inform us when you stop using the App Wallet. However, your contractual relationship with the Wallet Provider will remain in force and subject to the Wallet Provider’s terms and conditions.
    3. You acknowledge and agree that we and the Wallet Provider may impose general practices, limits and restrictions on the use of the App Wallet, including, without limitation, transaction limits and recharge limits, without prior notice. In addition, we or the Wallet Provider may impose restrictions on your ability to use the App Wallet in the following circumstances:
  2. where we or the Wallet Provider are exposed to financial or regulatory risk;
  3. where we or the Wallet Provider reasonably suspect that you have breached these Terms or the Wallet Provider’s terms and conditions;
  4. where there is a dispute concerning your Account, your App Wallet or any transaction conducted in connection with your App Wallet;
  5. where action is required to protect the security or integrity of the App, the App Wallet or any related systems; or
  6. where required in order to comply with Applicable Laws or the request of any governmental or regulatory authority
    1. You are responsible for regularly reviewing your Available Balance and transaction history, which are accessible via the App interface. While the App displays transaction details related to your App Wallet, we do not process, control or hold any funds. All transactions are managed by the Wallet Provider.
    2. You are solely responsible for maintaining the confidentiality and security of your App Wallet credentials and for all transactions conducted through your App Wallet. Any unauthorised access to, or loss of, your App Wallet must be reported directly to the Wallet Provider.
  1. DIGITAL PRODUCTS
    1. We may make Digital Products available for you to purchase on the Marketplace including:
    1. top-up electronic cards and digital codes which allow you to access digital content through the Merchant’s and/or other third party’s networks; and
    2. access, purchase and download electronic content (e.g. software).
    1. Upon successfully purchasing any Digital Products in accordance with the terms of this Agreement, we will deliver the Digital Products as soon as practicable to you electronically, via e-mail, in-app notifications or direct account updates, depending on the Digital Product, along with any instructions for the activation or redemption of your Digital Product.
    2. You acknowledge and agree that:
  1. it is your responsibility to:  review the information provided with the Digital Product, adhere to such instructions prescribed by the Digital Product’s manufacturer and/or issuing party to activate, redeem or otherwise use your Digital Product, including but not limited to expiration dates, region restrictions, etc; and keep all information of the Digital Product safe and confidential;
  2. your use of the Digital Product will be in accordance with the terms and conditions set forth by the Digital Products’ manufacturer and/or issuing party.
  3. the information we provide in respect of any Digital Product is for informational purposes only and should not be relied upon exclusively.
  4. any unauthorised use of the Digital Product may result in its invalidation.
    1. All Digital Products are generally non-refundable.
    2. If you encounter any issues with any Digital Products, you should report the issue to our customer support team by clicking on ‘My Orders’, navigating to ‘Order Details’ and reporting the issue by clicking ‘Report Issue’. Please include all necessary information to facilitate the resolution of the issue, such as transaction details and descriptions of the issue and Digital Products. We will ensure that all issues reported are handled and addressed in a fair and timely manner. We will communicate with you regarding your issue and may request additional information, details and documents from you to be able to resolve the issue and hereby you agree to cooperate fully with our investigation and resolution process in all respects.
    3. We are not liable for any issues relating to the activation, redemption or general use of the Digital Products after its delivery, including but not limited to functionality issues, compatibility issues, or changes in the terms and conditions of the manufacturer and/or issuing party. We make no warranties regarding the accuracy, functionality, or availability of the Digital Products and all Digital Products are provided ‘as-is’ based on the information we make available at the time of purchase.
  1. RETURNS AND REFUNDS
    1. Subject to our Returns and Refunds Policy, our conditions for returns include but are not limited to:

Return reason

Return possibility

Return conditions
  • You have received a wrong Product;
  • You have received a Product that is not as described on the Marketplace; or
  • You have received a Product that is damaged.

 

Yes, subject to certain conditions as specified in Section 12 and our Returns and Refunds Policy.

Returns are subject to category specific terms and conditions, as specified in our Returns and Refunds Policy.

 

You have changed your mind

Yes, subject to certain conditions as specified in our Returns and Refunds Policy.

You have a right to return a Product within 7 days of delivery or collection of the Product.

Returns are subject to category specific terms and conditions, as specified in our Returns and Refunds Policy.
    1. You do not have the right to return, replace or exchange any of the following Products:
    1. Products that have been used or damaged by you or are not in the same condition as you received them;
    2. any consumable Product which has been used or installed;
    3. any Digital Product, pursuant to Section 11;
    4. Products with serial numbers that have been tampered with or are missing; or
    5. Products that fall under specific categories, including food, beverages, books, household goods, clothing, health, personal care products, etc.
    1. Where a Merchant is the Seller of the Products to you, any returns and refunds will be in accordance with the respective Merchant’s returns and refunds policy.
    2. To return a Product, click on your ‘Profile’ on the App, select the ‘Orders’ section which details the Product you want to return, click on ‘Return Item’ and follow the instructions on the App interface.

Refunds

    1. For Products which have been delivered or collected by you, we will refund to you the purchase amount for the respective Products (excluding the amount paid for the original delivery costs, if applicable) in full plus the cost of return, if:
    1. the products are wrong, faulty or not as described on the Marketplace; or
    2. the reason for return is due to an error on our side, such as an error in Product description, etc.
    1. For all circumstances other than as set forth in Section 12.5, we will refund to you the purchase amount for the respective Products (excluding the amount paid for the original delivery costs, if applicable) in full, but you will be responsible to pay the costs of return.
    2. For Products not delivered, you will receive a full refund if you cancel the order under Section 7.9., i.e., prior to you being notified of such Products being dispatched.
    3. We will issue all refunds to the original payment method you have used for the purchase of the Products you are returning.
    4. For Products which have been delivered or collected by you, your refund will only be initiated once the Products are received back in our customer fulfilment centre and inspected by our team. The time it takes for the refunded amount to reach you may vary depending on your payment method. While we aim to process refunds within ten (10) Business Days from the date we receive the returned Product and our team inspects it, please note that refunds to payment cards may take longer due to processing times imposed by banks or payment providers.
    5. For Products not yet dispatched, we will process an automated refund back to you within a period of ten (10) Business Days from the date you initiate the cancellation of your order. However, the time it takes for the refunded amount to reflect in your account may vary depending on your payment method, with refunds to payment cards potentially taking longer due to processing times imposed by banks or payment providers.
    6. If you need any further assistance with respect to returns and refunds, please contact us by email at support@shoppinggate.app.
  2. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS
    1. You represent and warrant to us that:
    1. the information you provide us is true, complete and accurate and you will promptly notify us and update your Account if there are any changes to your information (including any changes to your contact details, payment information and Contributions) to keep it accurate and complete at all times;
    2. you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority;
    3. you have full power and authority to enter into this Agreement and to perform your obligations or exercise of your rights under this Agreement and your performance of your obligations or exercise of your rights does not conflict with any Applicable Laws, or any other agreements to which you are a party or to which you are otherwise bound by;
    4. you will not use the App, directly or indirectly, for any fraudulent undertaking;
    5. you have not taken any action to declare bankruptcy or insolvency, and that no legal action has been taken against you to be declared bankrupt or insolvent; and
    6. you will only use the Services to transact on your own account and not on behalf of any other person or entity.
    1. The App is provided “as is” and on an “as available” basis. In particular, we and our Affiliates (and our and their licensors) do not represent or warrant to you that:
    1. the use of the App will meet your requirements;
    2. the use of the App will be uninterrupted, timely, secure or free from error; and
    3. any information obtained by you as a result of the use of the App will be accurate or reliable.
    1. We do not make any representation or warranty of any kind, whether express or implied in relation to the App, the Services or any content, provided through the App including, without limitation, any warranties in relation to fitness for a particular purpose or infringement of the rights of third parties or compatibility with any or all systems or in relation to the quality, completeness, accuracy or reliability of the App, the Services and all content provided through it.
    2. Certain Products displayed on the App may carry limited warranty from its manufacturer for a limited period. The terms, conditions, duration of the warranty, exclusions to the warranty shall be in accordance with the warranty card attached with each Product. Other than what is provided by the manufacturer, we hereby expressly disclaim any warranties or representations whether express or implied in respect of the quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, of the Products listed or displayed or sold (including all Product descriptions, information and specifications) on the App. Otherwise as set forth in this Agreement, you will not attempt to hold us liable for any inaccuracies or defects in any of the listings of Products (including where we are the Seller).
  2. LIABILITY
    1. Nothing in the Agreement will exclude or limit our liability for losses which may not be lawfully excluded or limited by Applicable Law.
    2. Subject to the preceding Section 14.1. above, in no event will we, our 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 this Agreement for any:
      1. loss of profit, sales, revenue or business;
      2. loss of anticipated savings;
      3. loss of goodwill or reputation;
      4. loss of agreements, contracts or other business opportunities;
      5. interruptions;
      6. loss of data; or
      7. any indirect or consequential losses.
    3. Subject to the provisions of this Section 14, we and our Affiliates (and our and their licensors), will not be liable to you, whether in contract, tort or otherwise, for any loss or damage which may be incurred by you as a result of:
      1. supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we require to deliver or make the Products available for collection, within a reasonable time of us asking for it or making the payment for the Products as required;
      2. any damages which may result from unauthorised use or repair of a Product;
      3. your use or your inability to use the Product ordered or our Services;
      4. the content, actions or inactions of third parties (including Merchants) using our Services;
      5. viruses or other malicious software obtained from your use of the Product (including Digital Products);
      6. bugs, errors or inaccuracies of any kind in our Services;
      7. reliance placed by you on the content, pricing, delivery or other guidance provided by us on the App with respect to the Products you order;
      8. any change which we may make to the App (or the Services), or any permanent or temporary cessation in the provision of the App (or any features within the Services);
      9. any delays, disruptions or malfunctions of the App;
      10. the deletion of corruption of or failure to store any communications data maintained or transmitted by or through your use of the App;
      11. your failure to provide us with accurate Account information; or
      12. any fraudulent or unauthorised use of the App by you.
    4. Except where otherwise required under Applicable Laws, we shall have no liability to you in respect of your use of the App and any use by you of the App and/or purchase of any Product is at your own risk.
    5. Subject to the other provisions of this Section, our liability to you under this Agreement or for your use of the App will be capped at the lower of: (i) if we are the Seller of the Product to you, the price you have paid for the Product (excluding any delivery and/or return costs); or (ii) if a Merchant is the Seller of the Product, the fees we charge for the use of the App; or (iii) SAR 100.
  3. INDEMNITY
    1. You will indemnify, defend and hold harmless us and our Affiliates (and our and their directors, officers, agents, employees, suppliers, subcontractors or licensors) from and against any and all claims, costs, actions, suits, or demands and any related losses, damages, liabilities, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our Policies; (b) any actual or alleged infringement, misappropriation or violation of any third-party rights or Applicable Law by you in connection with your use of the App or the Services; (c) your use of the App or the Services, including without limitation your Contributions.
  4. TERM AND TERMINATION
    1. This Agreement commences on the date you register to create an Account on the App and will continue unless and until terminated in accordance with the provisions in this Agreement.
    2. Except as otherwise stated in this Agreement, you may terminate this Agreement by contacting us and requesting to close the Account or clicking ‘Delete Account’ on your profile on the App. Upon closure of your Account, any pending transactions will be cancelled.
    3. Except as otherwise stated in this Agreement, we may terminate the Services and this Agreement, for any reason at any time by providing you with prior written notice of thirty days.
    4. Without limiting the foregoing, if during the term of this Agreement:
    1. you violate, breach, abuse or exploit the terms of this Agreement, including without limitation:
      1. you don’t reply to any verification email we send;
      1. you fail to produce adequate documents during the delivery of your Products;
      2. you misuse credentials not belonging to you;
      3. you use invalid addresses, e-mail addresses or mobile numbers;
      4. you attempt to overuse a promo code;
      5. you return a wrong or damaged Product;
      6. you refuse to pay for an order; or
      7. other activities conducted with the intention to cause loss to us;
    2. you provide or have provided false, incomplete, inaccurate, or misleading information (including without limitation any registration information) or otherwise engage in inappropriate, fraudulent or illegal conduct;
    3. you become insolvent, or your financial position deteriorates to such an extent that we believe your ability to fulfil your obligations under this Agreement is at risk;
    4. we reasonably consider that, your access to the App could expose us to disrepute, contempt, scandal or ridicule;
    5. we reasonably determine or receive information or notice from the competent government body that you are not meeting your relevant legal or tax obligations;
    6. we have security concerns regarding the Account, including the Credentials, or our systems;
    7. we suspect unauthorized or fraudulent use of the Account or our Services;
    8. we suspect you are placing bulk orders, as per Section 7.10;

we may at our sole discretion and without prejudice to any of our rights and remedies and without any liability to us

  1. immediately, temporarily or permanently withdraw your access to the App by blocking your Account or suspending the Services;
    1. issue a warning to you;
    2. commence legal proceedings, as appropriate, against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from any such breach; and/or
    3. disclose such information to competent governmental bodies as we reasonably deem necessary or as required by Applicable Law.
    4. If your Account has been suspended temporarily pursuant to Section 16.4. above, we will either reactivate the Account or Credentials, or replace them as needed, once the reasons for the suspension have been resolved.
    5. If your Account has been closed or blocked and your access to our Services has been withdrawn for any reason, all your Contributions on the App will be removed and your Account will be marked as such.
    6. We will not be liable to you for compensation, reimbursement, or damages of any kind, direct or indirect, including damages on account of the loss of prospective profits, anticipated sales, goodwill, or on account of expenditures, investments, or commitments in connection with your use of the Services, or in connection with any termination or suspension of the Services.
  2. APP ACCESS AND SPECIFICATIONS
    1. To ensure the security and functionality of the Marketplace, you must use the latest version of our mobile App. We periodically release updates to enhance the App’s performance, address security vulnerabilities, and incorporate improvements. By using our App, you agree to regularly check for and install any updates provided through your relevant mobile application store. Failure to update the app may result in compatibility issues with the Services on the App and limitations in processing payments. We are not responsible for any issues or disruptions in Services caused by using outdated versions of the App.
    2. Your device must also comply with any technical specifications and system requirements outlined in our App’s support documentation, including having a compatible operating system version, sufficient storage space, and any necessary software updates.
  3. PRIVACY
    1. We use your personal data in the manner set out in our Privacy Policy. By using the Services and accessing the App, you consent to the collection and use of your personal data in the manner set out in the Privacy Policy. If we decide to change our Privacy Policy, we will post those changes on the Privacy Policy page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it. Please make sure you check the Privacy Policy frequently for changes.
    2. We will protect your personal data and maintain its confidentiality including where it is held by an agent or third party on behalf of us and ensure that we have in place and maintain adequate policies, procedures and controls. We will disclose your personal data pursuant to the Privacy Policy.
  4. CONFIDENTIALITY AND INTELLECTUAL PROPERTY
    1. You undertake that you will not at any time disclose to any person any confidential information about the App or our business, affairs or users (including the Shopping Gate IP, as applicable).
    2. All Intellectual Property Rights in and to the Shopping Gate IP (including the App) shall remain our sole property (or of our licensors, as may be applicable), with the exception of any Contributions made by you.
    3. You must not use any part of the Shopping Gate IP (including the content on our App) for any commercial purposes outside of our App without obtaining a licence to do so from us or our licensors.
    4. If you print off, copy, download, share or repost any part of our App, you must acknowledge our status (and that of any identified contributors) as the authors of content on our App (except for any Contributions).
    5. If our App contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
  5. COMMUNICATIONS
    1. We will communicate with you in English or in Arabic. When you visit the App, submit any forms on the App or send e-mails to us, you are communicating with us electronically. By registering on the App and accepting the terms of this Agreement, you affirmatively consent to receive notices electronically from us. We may provide all communications and information related to the App, the Services and the Account, including without limitation agreements related to the App and the Services, amendments or changes to such agreements or any Policies, disclosures, notices, transaction information, statements, responses to claims and other communications that we may be required to provide to you by law (collectively, “Communications”) in electronic format. Communications may be posted to you on the App or sent by e-mail to the e-mail address on file for you, and all such Communications will be deemed to be in “writing” and received by and properly given to you. You are responsible for printing, storing and maintaining your own records of Communications, including copies of this Agreement.
    2. You can ask us to stop sending you marketing communications at any time by following the instructions set out in the footer of any marketing communication sent to you or by contacting us by email at support@shoppinggate.app. If you opt out of receiving marketing communications, you will still receive any Service-related communications that are essential for administrative or customer service purposes (for example, updates to this Agreement or checking that your Account details or contact details are still correct).
    3. We may monitor, record, store and use any telephone, email, or other electronic communications for training purposes, to check instructions given to us, and to improve the quality of our customer service, however all your information is collected, stored, processed, and managed in accordance with our Privacy Policy.

 

  1. GENERAL PROVISIONS
    1. Changes. We may modify the terms of this Agreement, the Specifications, or the features of the Services and/or the App from time to time. We will try to give you reasonable notice of any major changes to our App; however, you are at all times responsible for reading and understanding each version of this Agreement and Policies as we publish such changes. All such changes are deemed binding on you as soon as they are posted on the App, unless otherwise stated. If you do not agree to any change to this Agreement, the Specifications, or feature of the Services, you may terminate this Agreement and request to close your Account.
    2. Relationship. Nothing in this Agreement creates or is intended to create any type of joint venture, employee-employer, escrow, partnership, or any fiduciary relationship between you and us or our Affiliates. Further, neither you nor us shall be deemed to be an agent or representative of the other by virtue of this Agreement. Neither you nor us is authorized to, and will attempt to, create or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of the other. Without limiting the generality of the foregoing, neither you nor us will enter into any contract, agreement or other commitment, make any warranty or guaranty, or incur any obligation or liability in the name or otherwise on behalf of the other.
    3. Assignment. You may not assign or transfer any rights, obligations, or privileges that you have under this Agreement without our prior written consent. We may transfer our rights and obligations under these terms to another person (including but not limited to our Affiliates). We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Agreement.
    4. Waiver. To be effective, any waiver by us of any of our rights or your obligations under this Agreement must be made in writing signed by us. No failure or forbearance by us to insist upon or enforce performance of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement or otherwise, constitutes a waiver or relinquishment to any extent of our right to assert or rely upon any such provision, right, or remedy in that or any other instance; rather, the same will be and remain in full force and effect.
    5. Severability. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect and, upon our request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement and the rest of the Agreement remains in full force and effect.
    6. Entire Agreement. Except where additional terms and conditions are provided on the App which are Product specific, this Agreement, including without limitation the Policies, constitutes the entire agreement with respect to the subject matter of this Agreement, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter of this Agreement. Except as expressly provided above, no modification or amendment of this Agreement will be binding on us unless set forth in writing and signed by us.
    7. No Advice. The content on our App is provided for general information only and should not be interpreted as advice, recommendation, endorsement or solicitation to purchase or representation, warranty or guarantee that the Products are appropriate or suitable for you to buy. It is not intended to amount to advice on which you should rely. We are not acting as an advisor, broker, dealer, agent, nor do we endorse or recommend conducting business with any particular Merchant on our App.
    8. Third Party Rights. This Agreement does not create or infer any rights that are enforceable by another person who is not a party to this Agreement.
    9. Active User. To ensure the App users are active and maintain their details up-to-date, please make sure you log into your Account at least once every six (6) months, as otherwise your Account will be considered inactive and may require additional steps to be re-activated.
    10. Sale only in KSA. Unless otherwise specified, the Products listed and sold on the Marketplace (and any other material made available on the App) is presented solely for the purpose of sale in the KSA. We make no representation that the Products on the Marketplace (and the App) are appropriate or available for use in other locations/countries other than KSA. If you choose to access the Marketplace and/or the App from other locations/countries other than KSA, you agree that you will do so on your own initiative and we are not responsible for the sale, purchase, delivery, refund, return or other use of the Products ordered from other locations/countries, and related compliances with local laws, if and to the extent local laws are applicable.
    11. Force Majeure. We will not be liable to you for any loss or damage or for any delay or failure in performance due to acts beyond our control 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).
    12. Governing Law and Jurisdiction. This Agreement and any non-contractual obligations arising out of or in connection with this Agreement shall be governed and interpreted in accordance with the laws of the KSA.
    13. Complaints. If you wish to make a complaint about the Services, the App or any Products you have purchased you can make a complaint by notifying our customer service centre by email at support@shoppinggate.app. We will ensure that all complaints are handled and addressed in a fair and timely manner. Where the Merchant is the Seller of the Products, you should contact the Merchant directly if you wish to make any claims and/or complaints in respect of the Products that the Merchant has provided to you. On request, we will provide you with support to contact the Merchant and provide you with reasonable assistance in settling any complaint and/or dispute that you may have with the respective Merchant.
    14. Dispute resolution. If we are unable to resolve your complaints or issues amicably within a period of forty five (45) days from the date you reach out to us, you agree that any disputes or claims arising out of or in connection with this Agreement, including any non-contractual rights or obligations arising out of or in connection with this Agreement shall be referred to and finally resolved by the courts of the KSA.

 

 

RETURNS AND REFUNDS POLICY

This Returns and Refunds Policy (“Returns and Refunds Policy”) is applicable to you, a customer, who is purchasing the Products from us as the Seller listed on the Shopping Gate mobile application (the “App”).

This Returns and Refunds Policy should be read in conjunction with the Shopping Gate Consumer Terms and Conditions (the “Consumer Terms”) and capitalized terms not defined herein shall have the meaning ascribed to them under the Consumer Terms.

Where a Merchant is the Seller of the Products to you, please refer to the respective Merchant’s terms and conditions on returns and refunds.

Subject to Section 12 of the Consumer Terms, Products eligible for returns will only be accepted under the following conditions:

SR No.

Product Category

Return Conditions

1.

AUTOMOTIVE
  1. The Product must be returned with the original packaging, sealed, and unopened.
  2. If the Product has been used, or the Product’s original packaging was opened, or the seal of the packaging was removed or broken, we will decline the return and the refund and return the Product back to you unless there is a manufacturing defect.
  3. If the Product is not working due to a manufacturing defect, the original box, information booklet, and all other accessories must be returned too.

2.

BEAUTY & FRAGRANCE
  1. Personal care Products (including hair care, eye care, oral care, bath & body etc) are not eligible for return.
  2. Beauty Products (cosmetics, make-up, skin care, etc) and fragrances that are opened or used will not be eligible for return.

 

3.

BOOKS

Books may be eligible for return only if unused, not torn, or damaged, and in their original condition.

4.

ELECTRONICS & MOBILES
  1. The Product must be returned with the original packaging, sealed, and unopened.
  2. If the Product has been used, or the Product’s original box was opened, or the original seal was removed, we will decline the refund and return the Product back to you unless there is a manufacturing defect.
  3. If the Product is not working due to a manufacturing defect, the original box, information booklet, and all other accessories must be returned too.

 

5.

FASHION
  1. Apparel Products such as underwear, inner wear & socks are not eligible for return.
  2. Other Apparel Products are eligible for return only if they are unused, unworn, unwashed, undamaged, with all their labels and tags completely intact, in original packaging.
  3. Footwear, eyewear, watches, bags, luggage must be returned in their original packaging with all tags completely intact.

6.

GROCERY

All grocery Products are not eligible for return.

7.

HEALTH & COSMETIC

All health and cosmetic Products are not eligible for return.

8.

HEALTH & NUTRITION

All nutritional Products including vitamins-dietary supplements and sports nutrition products are not eligible for return.

9.

HOME & KITCHEN
  1. Furniture and large home appliances are not eligible for return.
  2. Home decor products are accepted for return only if the Product is unopened, free from any damage and must be in the original packaging.
  3. Unwrapped bedding Products will not be accepted for return.
  4. Products that have been used, altered, assembled, or installed will not be accepted unless they are defective.

10.

KIDS AND MOTHERHOOD
  1. Hygiene-related Products, feeding & training accessories, diapers and accessories, bath care, and medical treatment Products are not eligible for return.
  2. Baby Products eligible for return must be returned with the original packaging, sealed, and unopened.

11.

MUSIC, MOVIES & TV SHOWS
    1. The Product must be returned with the original packaging, sealed, and unopened.
    2. If the Product has been used, or the Product’s original box was opened, or the original seal was removed, we will decline the refund and return the Product back to you unless there is a manufacturing defect.
    3. If the Product is not working due to a manufacturing defect, the original box, information booklet, and all other accessories must be returned too.
    4. All Digital Products are not eligible for return.

12.

OFFICE & SCHOOL SUPPLIES
  1. The Product must be returned in its original condition, including all original packaging and materials (manuals, accessories, etc.)
  2. Any Product which is used or damaged will not be accepted.

13.

PET SUPPLIES
  1. The Product may be eligible for return if unused, with the original packaging, sealed, and unopened, subject to the below.
  2. Perishable goods such as food treats and supplements cannot be returned.

14.

SPORTS, FITNESS & OUTDOORS

Products eligible for return can be returned only if the Product is not used and is in the original packaging.

15.

TOOLS & HOME IMPROVEMENT
  1. The Product must be returned in its original condition, including all original packaging and materials (manuals, accessories, etc.)
  2. Any Product which is used or damaged will not be accepted for return.

16.

TOYS & GAMES
  1. Dressing up costumes are not eligible for return.
  2. Toys and Games that are used, activated or missing parts will not be accepted for return

17.

DIGITAL PRODUCTS

All Digital Products are not eligible for return.

 

  1. Return window

Unless otherwise specified, and subject to the Product being eligible for return, we offer a return window of 7 days from the date of delivery / collection of the Product by you.

  1. Process upon receiving return request
  1. It may take up to 7 days depending on your location in the KSA for a Product to reach us once you return it. Once the Product reaches our customer fulfillment centre, please allow for up to 3 days for us to receive and process your returned Product.
  2. The time it takes for the refunded amount to reach you may vary depending on your payment method. While we aim to process refunds within ten (10) Business Days from the date we receive the returned Product and our team inspects it, please note that refunds to payment cards may take longer due to processing times imposed by banks or payment providers. Your refund is subject to the conditions applicable to the category of the returned Product.
  1. General conditions applicable to all returns
  1. We reserve the right to return a Product to you if the Product returned to us does not meet any of our guidelines or conditions. You shall not be entitled to any refund if the Product is not eligible for return.
  2. In the case a Product is declined for a return request at any stage we will make commercially reasonable attempts to deliver the Product back to you. In case our attempt of delivery is unsuccessful, we will hold the Product for 3 days. You may request another delivery attempt within 3 days of the last notified attempt.
  3. If the request is made within this timeframe, we will arrange for the final delivery attempt within 3 days of the date of request. If no request is received, the Product will be sent for disposal. Once disposed of, you will no longer be able to request delivery, and no compensation will be provided (including the Product’s value).

If you need further assistance, please reach out to our customer support team.

By using our service, you agree to these terms