Markaty website an
e-commerce website that belongs to Markaty Co. This Document governs your
Relationship With Markaty website. Accessing to and using Markaty website
and its products and services through this Website are subject to the following
terms, conditions, and notices. By using the services, you are agreeing to
all of the Term & Conditions, which may be updated from time to
time. You should check this page regularly to take notice of any changes
and updates made to the Terms & Conditions.
Any dispute or claim
arising out of or in connection with Markaty website shall be
governed and construed in accordance with the laws of Saudi Arabia.
Saudi Arabia is our
country of domicile
Access to Markaty is
permitted on a temporary basis, we reserve the right to withdraw or edit
any products without notice, we will not be liable if for any reason Markaty website
is unavailable at any time or for any period. From time to time, we may
restrict access to some parts or all of Markaty website.
Markaty website
may contain links to other websites, which are not operated by our company and
we have no control over the linked sites and accept no responsibility for them
or for any loss or damage that may arise from your use of them. Your use
of the linked sites will be subject to the terms of use and service contained
within each of the websites.
Minors under the age
of 18 are prohibited to register as users of this website and are not allowed
to transact or use the website.
Privacy Policy
Our privacy policy is
the guide to how we use your information. It can be found in the Privacy Policy
section on our website. By using Markaty website, you consent to the
processing described therein and guarantee that all data provided by you is
accurate.
Prohibitions
You must not
misuse Markaty Website. You will not commit or encourage a
criminal offense; transmit or distribute a virus, worm, logic bomb or any
other material which is malicious, technologically harmful, in breach of
confidence or in any way offensive or obscene; hack into any aspect of the
Service; corrupt data; cause annoyance to other users; infringe
upon the rights of any other person's proprietary rights; send any
unsolicited advertising or promotional material, commonly referred to as
"spam"; or attempt to affect the performance or functionality of
any computer facilities of or accessed through Markaty Website. Breaching
this provision would constitute a criminal offense and we will report such
breaches to the relevant law enforcement authorities and disclose your identity
to them.
We will not be liable
for any loss or damage caused by a distributed denial-of-service attack,
viruses or other technologically harmful material that may infect your computer
equipment, computer programs, data or other proprietary material due to your
use of Markaty Website or to your downloading of any material posted
on it, or on any website linked to it.
Intellectual Property,
Software and Content
The rights for
intellectual property in all software and content (including photographic
images) available for you on or through Markaty website is owned
by Markaty or the licensors. It is all protected by
On-Time Protected by copyright Laws And Treaties are known around The
world. All such rights are reserved by Markaty Company and its
licensors. You may store, print and display the content supplied solely
for your own personal use. You are not permitted to publish, manipulate,
distribute or otherwise reproduce, in any format, any of the content or copies
of the content supplied to you or which appears on Markaty Website
nor may you use any of this content in connection with any business
or commercial enterprise.
Terms of Sale
By placing an order,
you are offering to purchase a product on and subject to the following terms
and conditions. All orders are subject to availability and confirmation of
the order price.
Dispatch times may
vary according to the availability of the product and subject to any delays
resulting from postal delays or force majeure for which we will not be
responsible.
To contract or
purchase with Markaty you must be over 18 years old and possess a valid
credit or debit card of an approved bank by us. Markaty retains
the right to refuse any request made by you. If your order is accepted, we
will inform you by email or by any other way and we will confirm the identity
of the party which you have contracted with. Usually, this party
will be Markaty or a third party. If a contract is
made with the third party, without Markaty being an agent, the
third party will supply you with its terms through us. When placing an
order, you undertake that all details you provide to us are true and accurate,
that you are an authorized user of the credit or debit card used to place your
order and that there are sufficient funds to cover the cost of your
purchases. The cost of foreign products and services may
fluctuate. All prices advertised are subject to such changes.
(A) Our Contract
When you place an order,
you will receive an acknowledgment email confirming the receipt of your order:
this email will only be an acknowledgment and will not constitute acceptance of
your order. A contract between us will not be formed until we send you
confirmation by e-mail that the goods which you ordered have been dispatched to
you. Only those goods listed in the confirmation email sent at the time of
dispatch will be included in the contract formed.
(B) Pricing and
Availability
Whilst we try and
ensure that all details, descriptions, and prices which appear on Markaty Website
are accurate, errors may occur. If we discover an error in the price of
any goods which you have ordered we will inform you of this as soon as possible
and give you the option of reconfirming your order at the correct price or
canceling it. If we are unable to contact you, we will treat the order as
canceled. If you cancel and you have already paid for the goods, you will
receive a full refund; Refunds will be done only through the Original Mode of
Payment.
Delivery costs will be
charged in addition; such additional charges are clearly displayed where
applicable and included in the 'Total Cost' in the Checkout Process.
(C) Payment
Upon receiving your order,
we carry out a standard authorization check on your payment card to ensure
there are sufficient funds to fulfill the transaction. Your card will be
debited upon receiving the authorization. The monies received from your
card upon order shall be treated as a deposit against the value of the goods
you wish to purchase. Once the goods have been dispatched and you have
been sent a confirmation email the monies paid as a deposit shall be used as
consideration for the value of goods you have purchased as listed in the
confirmation email.
If you make a payment
for our products or services on Markaty, the details you are asked to
submit will be provided directly to our payment provider via a secured
connection.
The cardholder must
retain a copy of transaction records and Merchant policies and rules. We
accept payments online using Visa and MasterCard credit/debit cards in SAR
currency.
(D) Shipping Policy
It is important to
note that some of the GCC countries charge a fixed custom fee on all
non-document imports. As your products may be shipped from other countries
to your address, there may be a declaration charge (Bayan Charge) added to the
COD to be paid on delivery.
The mentioned charge
belongs to the customs authorities and is not included in the shipping or to
the product price. The courier company can provide you an official receipt
for this payment on request.
Disclaimer of
Liability
The material displayed
on Markaty Website is provided without any guarantees, conditions or
warranties as to its accuracy. Unless expressly stated to the contrary to
the fullest extent permitted by law Markaty and its suppliers,
content providers and advertisers hereby expressly exclude all conditions,
warranties and other terms which might otherwise be implied by statute, common
law or the law of equity and shall not be liable for any damages
whatsoever, including but without limitation to any direct, indirect, special,
consequential, punitive or incidental damages, or damages for loss of use,
profits, data or other intangibles, damage to goodwill or reputation, or the
cost of procurement of substitute goods and services, arising out of or
related to the use, inability to use, performance or failures of Markaty Website
or the Linked Sites and any materials posted thereon, irrespective of whether
such damages were foreseeable or arise in contract, tort, equity,
restitution, by statute, at common law or otherwise. This does not affect Markaty's
liability for death or personal injury arising from its negligence, fraudulent
misrepresentation, misrepresentation as to a fundamental matter or any other
liability which can not be excluded or limited under applicable law.
Linking to this
Website
You may link to our
home page, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but you must not establish a
link in such a way as to suggest any form of association, approval or
endorsement on our part where it does not exists. You must not establish a
link from any website that is not owned by you. You are not allowed to
link to any part of Markaty except the main page. We reserve the right to
withdraw linking permission without notice.
Disclaimer as to
ownership of trademarks, images of personalities and third party
copyright Any
trademarks/names featured on Markaty Website are owned by the
respective trademark owners. Where a trademark or brand name is
referred to it is used solely to describe or identify the products and
services and is in no way an assertion that such products or services are
endorsed by or connected to Markaty
Indemnity
You agree to
indemnify, defend and hold harmless Markaty, its directors, officers,
employees, consultants, agents, and affiliates, from any and all third party
claims, liability, damages and/or costs (including, but not limited to, legal
fees) arising from your use of Markaty Website or your breach of the
Terms & Conditions.
Variation
Markaty shall
have the right in its absolute discretion at any time and without notice to
amend, remove or vary the Services and/or any page of Markaty Website.
Invalidity
If any part of the
Terms & Conditions is unenforceable (including any provision in which we
exclude our liability to you) the enforceability of any other part of the Terms
& Conditions will not be affected all other clauses remaining in full force
and effect. So far as possible where any clause / sub-clause or part of a
clause / sub-clause can be severed to render the remaining part valid, the
clause shall be interpreted accordingly. Alternatively, you agree that the
clause shall be rectified and interpreted in such a way that closely resembles
the original meaning of the clause / sub-clause as is permitted by law.
Complaints
We operate a
complaints handling procedure which we will use to try to resolve disputes when
they first arise, please let us know if you have any complaints or comments on
Customer Care.
Waiver
If you breach these
conditions and we take no action, we will still be entitled to use our rights
and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms &
Conditions constitute the entire agreement of the parties and supersede any and
all preceding and contemporaneous agreements between you and Markaty Any
waiver of any provision of the Terms & Conditions will be effective only if
in writing and signed by Markaty or its subsidiaries.
Applicable Law
These Terms & Conditions and the relationship between you and Markaty website will be governed by the laws of Saudi Arabia.