TERMS OF USE

 Last updated 04/04/2023

Welcome to     www.Cartlow.com  (the “Site”). Whereas, this Site is owned by Cartlow Trading Company(“we”, “our” or “us”).

 These Terms of Use, privacy policy, all other policies and additional terms (if applicable) (jointly referred to as the “Terms”) published on the Site set out the terms on which Cartlow offers you access to and use of the Site, services and our mobile application (collectively, the “Services”). 

By accessing, registering and/or using the Site and/or Services, you agree to be bound by these Terms. These Terms may be subject to change from time to time in our sole discretion. 

Your continued use of the Site and/or the Services following any such change constitutes your agreement to these amended Terms.

• REGISTRATION AND ACCOUNT 

  1.1. You are eligible to register on the Site if you are above the legal age for purchasing products in your country of residence.

1.2. When using or accessing the Services, you agree that you will:

1. Be responsible for maintaining the confidentiality of, and restricting access to and use of your account and password, and accept responsibility for all activities that occur under your account and password;
2. Agree to immediately notify us of any unauthorised use of your password or account or any other breach of security;
3. Provide true, accurate, current and complete information about yourself and your use of the Services as required by us; and
4. Provide us with any additional information requested by Us.

• INTELLECTUAL PROPERTY RIGHTS

 Except for the rights expressly granted under these Terms all content included on the Site, including but not limited to text, graphics, logos, trademarks, images, audio clips, digital downloads and software is our property or the property of our licensors (“Intellectual Property Rights”). We (or our licensors, as the case may be) retain all right, title and interest in and to the Site and the Services, including, without limitation, all Intellectual Property Rights therein; and all rights, title and interest in and to any information, materials or other content that you provide in connection with your use of the Services, including all Intellectual Property Rights therein, will become our property. You agree that you have no right to use any of our Intellectual Property Rights  without our prior written consent. All rights not expressly granted to you in these Terms are reserved and retained by us or our licensors.

• WARRANTIES 

 The Services are provided to you on an “as is” basis without representations, warranties or conditions of any kind. We disclaim all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that the Services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all.

Furthermore, whilst we attempt to be as accurate as possible, we do not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. Additionally, as a buyer, you agree that we are not responsible for examining or warranting the listings or content provided by us or third parties through the Services, and that you will not attempt to hold us liable for any inaccuracies or defects in any of the listings. 

• LIABILITY & INDEMNITIES

 Nothing in these Terms of Use shall limit or exclude a party’s liability:

1.  for fraud, including fraudulent misrepresentation, perpetrated by that party;
2. for death or personal injury caused by the negligence of that party; or
3. for any other liability that cannot be limited or excluded under applicable law.

• Subject to clause ‎4.1, in no event will we, our parent company, shareholders, subsidiaries and affiliates, and our, and our 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 these Terms of Use for loss of profits, loss of data or information, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.

• In addition, to the extent permitted by applicable law, we (including our parent company, shareholders, subsidiaries and affiliates and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:

1. Your use of or your inability to use our Services;
2. Pcing, shipping, format or other guidance provided by us;
3. Delays or disruptions in our Services;
4. Viruses or other malicious software obtained by accessing or linking to our Services;
5. Bugs, errors or inaccuracies of any kind in our Services;
6. Damage to your hardware device from the use of products sold on the Site or our Services;
7. The content, actions or inactions of third parties using our Services; and
8. A suspension or other action taken by us with respect to your use of the Services;

• GENERAL

• Governing Law. These Terms of Use and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia, as applied in the City of Riyadh.

• Dispute Resolution. Any disputes or Claims arising out of or in connection with these Terms of Use, including any non-contractual rights or obligations arising out of or in connection with these Terms of Use shall be referred to and finally resolved by the courts of the City of Riyadh. 

• Relationship of the Parties. Nothing contained in these Terms of Use will be deemed or construed by the parties or any third party to create the relationship of partnership, joint venture or agency between the parties, it being understood that the parties will at all times remain independent parties contracting for Services.

• Assignment. These Terms of Use will be binding upon and ensure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Use or any of your rights or obligations under these Terms of Use, whether directly or indirectly, without first obtaining our prior written consent, such consent not to be unreasonably withheld.

• Entire Agreement. These Terms contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Use, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied.

• Severability. If any provision of these Terms of Use is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms of Use and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.

• Force Majeure. Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including acts of God, legislative, pandemic, 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).

• No Waiver. Any waiver by us of any of the provisions of these Terms of Use will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.

• Survival. All provisions that either expressly or by their nature survive, will survive suspension or termination of your membership of the Site.

TERMS OF SALE

 Last updated 04/04/2023

These Terms of Sale set out the terms and conditions (“Terms”) on which products are available on https://www.cartlow.com/saudi/en or on our mobile application (the “Site”) to you as a buyer. Whereas, this Site is owned by Cartlow Trading  Company (“we”, “our'' or “us”). These Terms may be subject to change from time to time in our sole discretion. 

Your continued use of these Terms following any such change constitutes your agreement to these amended Terms.

Prior to your purchase of any product on the Site, please read these Terms carefully. Therefore, once you place your order on the Site, you are agreeing to be bound by these Terms.

1. ORDER AND ACCEPTANCE

Products on our Site are either sold by Cartlow Trading  or an affiliate of Cartlow or by a local or international seller as specified on the Site or on our mobile application or on our mobile application. When you buy from a local or international seller, we are neither the buyer nor the seller of the seller's product. Cartlow is just providing the platform for sellers and buyers to negotiate and complete transactions.

1. Once your order is accepted you will be notified by email or mobile messaging). In some events, if an order is not accepted, you will be informed accordingly and will not be charged for the product.
2. Once your order is placed and is accepted, you will authorise us or our third-party payment processor to process your credit/debit card details for the amount of your order. 
3. You may cancel your order immediately prior to shipping for any reason.
4. We may cancel your order(s) if:

1. you do not make any payment to us when it is due;
2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
3.  you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; 
4.  you attempt to bulk or multi-order purchase; or
5. order(s) not being fulfilled due to product(s) not being available.

In some cases a small number of the items in our catalogue may be mispriced. We will verify pricing when we process your order. If we have made a mistake and a product's correct price is higher than the price on the Website, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. In case that a product's correct price is lower than our stated price, we will charge the lower price and send you the product.

2- DELIVERY OF YOUR ORDER

1. The costs of delivery and related information will be as displayed to you on our Site.

2. ID Requirement Upon Delivery.We may, at our sole discretion, make any inquiry we deem necessary to verify your identity 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 and cancel the order.
3. Delivery from Overseas.Note that you might be considered the importer of record in the event that your order requires delivery from overseas. In such instances, you are required to ensure that your ordered products can be lawfully imported, comply with all laws and regulations and to pay all fees and customs duties relevant to your purchase.
4. Title to Products.A product will be considered owned by you and your responsibility from the time we deliver the product to the delivery address and you have paid for the product.
5. Invoice.We will issue an electronic invoice for your purchase and send such an invoice to the email address you provided to us.

3- RETURNS

Cartlow will not take title to returned products until the product arrives at our fulfillment center. Please refer to our return policy available on the Site ( https://cartlow.com/saudi/en/help/return-policy).

4- CUSTOMS

When you order a product to be  delivered from outside the KSA you may be subject to import duties and taxes, which are imposed once the product reaches the specified destination. Any additional charges for customs clearance will be borne by you as you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. 

5- WARRANTY POLICIES FOR THE PRODUCT 

1. We will provide you with a warranty policy that helps you stay covered in case of defects in material, design and workmanship after purchase of the product. On selected products and in instances where we are considered the seller, a twelve (12) months warranty will be provided for the eligible items purchased for all the buyers within KSA .
2.  Warranty Period. Repair or replacement under the terms of this warranty does not provide the right to extension or renewal of the warranty period. Warranty terms are in accordance with your device manufacturer. For more details about specific terms of the warranty for your device, please visit the support page of your product.
3. Warranty Not Applicable. The warranty does not apply in the following circumstances:

3.1. Items are mis-used or mis-handled.

3.2. Items have been accidentally damaged. 

3.2. Water damaged

For More information about our Warranty Policy,  Please refer to policy details available here: https://cartlow.com/saudi/en/help/warranty-policy   

6- WARRANTIES, REPRESENTATIONS & UNDERTAKINGS

1. You warrant, represent and undertake that you have full power and authority to enter into these Terms of Sale, and make payment in accordance with these Terms of Sale; 
2. Subject to clause 6.1, our services are provided to you on an “as is” basis without representations, warranties or conditions of any kind. We disclaim all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that our services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all.
3. The warranty in clause 5.1 will be your sole and exclusive remedy under these Terms of Sale.

7- LIABILITY

Cartlow, its parent company, shareholders, subsidiaries and affiliates, directors, officers, agents, employees, suppliers, subcontractors will not be responsible for:

1. losses that were not caused by any breach on our part, or 
2. any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or
3. any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. 

8- GOVERNING LAW AND DISPUTE RESOLUTION. 

These Terms and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia , as applied in the Emirate of Dubai.  Any disputes or Claims arising out of or in connection with these Terms, including any non-contractual rights or obligations arising out of or in connection with these Terms shall be referred to and finally resolved by the courts of Riyadh . 

If you have an issue with our Services, please contact us. We will endeavour to resolve your issue as soon as possible.

KSA : +966 (011) 5207325

Email : hello@cartlow.com