Terms & Conditions

TERMS AND POLICIES OF USE

Welcome to “Qoomash” platform

Effective date March 2022

• INTRODUCTION
  • These terms and policies of use (“TERMS”) govern your accessing and using the website qoomash.com (referred to as “Qoomash” or “platform”).
  • Please read these terms beside the privacy policy and all supplemental policies relating to your use of the “Qoomash” platform (collectively referred to as "Terms and Conditions") to ensure that you understand all of their terms as they affect your obligations and legal rights.
  • By accessing or using any part of the platform or services, you confirm that you have read, understood and agreed to these terms in their entirety and agree to be bound by these terms. If you do not agree to all of these terms, you may not access the platform or use the services.
• DEFINITIONS

In these terms, unless the context requires otherwise, the following terms shall have the meanings referred:

• “Platform”, “We”, “Us” or “Our”: Refers to the “Qoomash” platform.
• “Account”: Refers to the user’s account the platform, whether it is a seller or a customer.
• “User”, “you” or "your”: Refers to everyone registering an account, or visiting or using the platform.
• “Seller”: Refers to the entity (company or organization) that registers an account and offers their products in the “Qoomash” platform.
• “Customer”: Refers to anyone who registers an account and requests products from the sellers that have registered on the “Qoomash” platform.
• “Products”: Refers to the women’s fashion products offered by sellers on the platform, such as abayas, dresses, and other fashions.
• “Laws”: Refers to the laws and regulations in force in the Kingdom of Saudi Arabia (KSA).
• “Content”: Refers to all audios, videos, texts, graphics, images, and any other material entered, processed, included, or accessed through the
• “Terms And Conditions”: Refers to these terms herein, privacy policy and all other policies.

• NATURE OF SERVICES
  • “Qoomash” is an electronic platform on the domain qoomash.com, as it acts an online mediation that connects between the sellers who offers women’s fashion products and customers who wishes to purchase any of these products, and the role of the platform is limited to organize the order process between the seller and customer through the platform.
  • The seller registers an account and after it is approved by the “Qoomash” platform administration, the seller offer his products on the platform and the customer can search for the products offered therein.
  • When the customer enters into an agreement with a seller through the “Qoomash” platform, both parties shall enter into a direct and legally binding relationship, and our role is limited only to linking the two parties.
  • “Qoomash” services are provided in accordance with applicable regulations in the KSA and the provisions of the e-commerce law.
• THE ACCOUNT POLICY
  • In order to access to certain features of the services of “Qoomash” platform, you must create an account, you agree to:
    • When registration as customer: you declare that you have attained the legal age (18 years), if you are under 18, you may use the platform services only with involvement of a parent or guardian; and must register an account in the real name and not use a pseudonym, anonymous or misleading, and all data must be true and accurate, and you bear responsibility for that.
    • When registration as a seller: you must register an account with true, accurate, and complete data as required in the registration form, and if you are registering on behalf of a business entity (company or institution), you declare that you have the authority to bind that entity to these terms and you will abide by them and that you will comply with all applicable laws; provide proof of authorization for the individual who will be registering and using the platform, and provide us with ID, a copy of the trade license, a copy of the commercial register, and contact data; and submit the bank details correctly (a copy of the IBAN).
    • You have the legal capacity to accept all terms and policies of “Qoomash” platform. Your registration is also an acknowledgement that you are authorized to enter into agreements in your personal capacity or by authorization from the legal entity you represent, and that such legal entity is licensed and qualified by all concerned authorities in the KSA to practice its activity.
    • Maintain the confidentiality of your account data, and you are responsible for any disclosure of this data to third parties.
    • Restrict others from using your account and password.
    • You are responsible for your actions and consequences of using the platform legally and financially.
    • Notify us for any illegal use of your account.
  • Without prejudice to any of the rights or procedures of the “Qoomash” platform under these terms or under any law, we shall entitle to immediately and without any legal liability to limit your activity, cancel your membership or restrict your access to the platform at any time without prior notice, in the following cases:
    • If your failure to comply with the terms, policies, or rules and guidelines relating to the platform.
    • If we cannot verify or confirm any information provided by you.
    • If we decides in its sole discretion that any of your actions may cause harms to us.
    • If at any time, we deem it appropriate to suspend any violating account.
  • LICENSES; RESTRICTIONS
    • We grants you limited, non-exclusive, non-sub licensable, irrevocable, non-transferable license to:
      • Access and use the “Qoomash” platform for your personal purposes.
      • Access and use the content, information or related materials that may be made available through the services, solely for your personal, non-commercial use, and strictly in accordance with these terms.
    • The rights granted to you in these terms are subject to the following restrictions, You shall not:
      • Use the platform to breach any applicable local law, regulation or rules of practice, or in any way that causes damage to our business, reputation or our trademarks.
      • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the platform, including but not limited to, user profiles and photos, using any robot, spider, other automated means or any manual process for any purpose not in accordance with this terms or without our express written permission.
      • Submit any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights.
      • Download any content unless it’s expressly made available for download by us.
      • Interfere with the operation of the site or circumventing security functions, or access to any portion of the platform that you are not authorized to access.
      • Impersonate of any user or restrict or inhibit any user from using the platform.
      • Upload or attach files that contain software or other material protected by intellectual property laws unless the user owns the rights thereto or has received all the necessary consents.
      • Tampering with data and information, and attempting to modify or destroy any security or documentary procedures.
      • Broadcast any unauthorized promotional materials, publish unwanted emails (spam) or messages that support any illegal activities.
      • Post, distribute or disseminate any defamatory, infringing, obscene or unlawful material or information, or post any racist comments, contain profanity, abuse another user, disrespect another's culture or make any other derogatory or inappropriate comments.
      • Post obscene or pornography information or content.
      • Post, transmit or insert any material containing viruses or other harmful software or any malicious code, files or other software designed to damage or interfere with the normal operation of the platform (or any part thereof) or any other software or computer hardware.
      • Causing any damages to the service, the platform or trademarks in any way.
      • Collect or track the personal information of users, including but not limited to email addresses and other contact information.
      • Remove or ravage any logos, copyright or other property marks contained on the platform.
      • License, sell, rent, transfer, assign, distribute, host, or otherwise commercially exploit the service.
      • Modify, translate, adapt, merge, make derivative works of, and disassemble any part of the site, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
      • Access the service or platform in order to build a similar or competitive service.
      • Copy, reproduce, distribute, republish, download, display, post or transmit any part of the platform in any form or by any means.
      • Manipulate the price of any products.
      • Publish, promote or transmit through the platform any prohibited Materials.
      • Infringe any trademark, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law.
    • We may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the platform at any time.
    • The licenses granted to you by us will terminate if you do not comply with the terms of the “Qoomash” platform.
  • SELLERS POLICY
    • The seller shall be bound to register a valid account and provide correct and accurate personal data, papers and official documents proving identity and activity, which includes (trade name, valid commercial register, trade license, owner ID, delivery representative ID, contact data and other required data).
    • After the “Qoomash” platform agrees to register the seller's account and activate the account, the seller chooses to participate in one of the following sales methods:
      • Selling for a percentage of the sales.
      • Selling for a subscription to the annual package.
      • Selling in return for subscribing to a package [6] for six months.
    • The seller shall be bound to provide its products through its account registered on the platform, and not to promote or offer the products to the customer, directly or indirectly, through email, or any other electronic method.
    • The seller shall be bound to display clear and accurate images and details of the products and match the reality, and follow up on purchase orders continuously through “account” on the platform.
    • The seller shall be bound to deal with the customers in accordance with the rules and principles of ethics and respect.
    • The seller is prohibited from induce and agree with the customer to deal off the platform.
    • The seller shall be bound to maintain the customers’ privacy and data.
    • The products shall be legal and authorized to be sold according to the applicable laws, and free from all apparent and latent defects.
    • The seller shall guarantee the quality of the products offered in the platform.
    • The seller shall be bound to deliver the orders to the shipping company immediately after the purchase process has been completed by the customer.
    • The seller shall be bound to provide the customer with an invoice for the products.
    • The seller is prohibited to offer the imitated or stolen products or those for which the seller isn’t legally authorized to sell or those on which there are financial rights for third parties.
    • The seller shall be bound by their return policy, the e-commerce law, and the provisions of the consumer protection laws.
    • The seller is prohibited from using the “Qoomash” trademark in other businesses or contracts.
    • The “Qoomash” platform has the right to suspend any seller account if it does not bound with any of the rules in these terms.
  • CUSTOMERS POLICY
    • The customer acknowledges that his account is personal, and is responsible for all conducts that issued through it.
    • The customer acknowledges that the products he purchases via the platform are done by sellers without any intervention by us.
    • The customer must have the legal capacity necessary for the conclusion of the purchase of the products.
    • The customer must add and verify all the required data before complete the order process.
    • The customer shall be liable for the correctness of delivery addresses he gives upon request, and any liability arising from the delay as a result the wrong addresses of delivery.
    • The customer must deal with the seller and delivery representative in accordance with the rules and principles of ethics and respect.
    • The customer shall be bound to pay for the purchases and all fees and taxes including VAT, delivery charges, and any charges related to the order by the methods approved on the platform, and will be shown at the last step during the process of carrying out the purchase.
    • The customer acknowledges that “Qoomash” platform does not offer any of the selling services, including cancellation and return, and the customer receives these products in accordance with the service providers’ policies, and may vary according to each service provider.
    • The customer acknowledges that he is an independent contractor with the seller and that “Qoomash” platform is not responsible for completing the request and does not provide any guarantees or undertakings regarding the orders.
    • In the event that the customer requests tailoring a custom dress, the seller must comply with the requests specified by the customer (such as size, color, type of tailoring, etc.).
    • The customer shall be responsible for his use of the “Qoomash” platform, and any conversations and communication between him and the seller, and acknowledges that the platform is only a link between them.
    • The customer have the right to assess the seller after receive the order.
    • In the event of a dispute between the seller and the customer regarding any order, we will resort to the execution of the agreement between the parties on the platform, and the “Qoomash” administration will take neutral action.
  • PRICE AND TAXS POLICY
    • All charges and prices on the “Qoomash” platform are in local currency (SAR).
    • The prices are subject to modification and updating by the sellers.
    • The customer shall pay 15% VAT on orders in accordance with the July 1, 2020 amendments.
    • The prices include VAT applicable on the day of the order; any change in the applicable VAT rate will be automatically reflected in the product price.
  • PAYMENT POLICY
    • The “Qoomash” platform provides payment through online payment with credit cards.
    • All transactions made through credit cards are due with immediate effect.
    • We do not store credit card numbers on our systems. Your payment details are protected before being transmitted using the latest electronic protection that follows the highest safety standards.
    • All information and data you enter through the electronic payment gateway are encrypted for the purpose of security protection, and the current correspondence is encrypted to and from the location of the service provider.
    • You must make sure that the information about the credit card you are using in the payment is correct, accurate and valid before you complete the payment process.
    • Amounts due to sellers are transferred within [5] five working days by TAP
  • SHIPPING POLICY
    • The shipment shall be done by the shipping companies approved by the sellers.
    • The shipment time period depends on availability of the products and determined adress.
    • Orders are shipped directly to the address specified by the customer after verifying the payment process.
    • The customer shall incur all shipping fees in addition to the price of the products, which might differ according to the distance, city and the delivery address.
    • The shipping process may be delayed for reasons of force majeure or circumstances beyond the control, in which case we will not bear any responsibilities due to the delayed delivery of the order, and you will be notified of the delay by email or phone by the seller.
    • The customer must examine the order before signing their receipt from the shipping company and he declares that his signature of the receipt is deemed to be conclusive evidence that the products are free from any apparent defects.
  • CANCELLATION AND RETURN POLICY
    • The “Qoomash” platform reserves the exclusive right to refuse or cancel any order for sellers’ products that are listed at an incorrect price or are not available irrespective of an order or payment confirmation. In such events, if the payment has been processed, the amount will be refunded to the customer via the same mode of original payment.
    • The customer can cancel the order as long as it is not accepted or processed by the seller.
    • The “Qoomash” platform does not provide or sell any products to the customers, and the products are provided by the sellers, and they are totally independent in their work, therefore the return and exchange policy will be applied of the sellers, and the customer will acknowledge and agree that it might differ from one of the seller to another.
  • E-COMMUNICATION
    • When you complete your membership, you agree that we can communicate with you via e-mail and you approve of all agreements, notices or statements or any other communications we can offer you electronically to meet with the legal requirements as if such communications were written.
    • If you want to stop the promotional messages you receive, you can choose to do so by clicking below the message and unsubscribing.
  • INTELLECTUAL PROPERTY RIGHTS
    • All intellectual property rights in the services and contents related to the website qoomash.com (including without limitation: the texts, graphics, logos, button icons, images, audio clips, video, digital downloads, documents, data compilations, software, programming rights and other symbols it contains (“Intellectual Property”), is the property of “Qoomash” platform or its licensors and is protected by intellectual property rights and laws.
    • You are not permitted publish, distribute, otherwise reproduce or copies any of content supplied to you or which is provided on the platform, or use any part of the content for commercial purposes without obtaining a license from us to do so.
    • You may not use or otherwise reproduce the “Qoomash” name and logos or any marks which are similar without a license from us.
  • TRADEMARKS
    • The logos, words, and service names on or related to the website qoomash.com are the property of the “Qoomash” platform, Any third-party names, trademarks, and service marks appearing on our service are the property of their respective owners.
    • You may not use any of these trademarks or any variations thereof, for promotional purposes, in any way that deliberately or inadvertently.
    • Nothing contained on the “Qoomash” platform should be construed as granting any license or right to use any trademark without the prior written permission of the party that owns the trademark.
  • LEGAL LIABILITY
    • Unless expressly provided herein, to the fullest extent permitted by law, We does not make any warranties or representations of any kind whether express or implied regarding the “Qoomash” platform or services available, any materials provided on the platform based on “as is” and “as available”.
    • We shall not be responsible for any damages or losses resulting directly or indirectly from:
      • Any transactions that take place between customers and sellers outside the scope of the “Qoomash” platform.
      • Any wrong purchases from the customer, due to entering false or wrong information.
      • Any errors in sizes or defects in the tailoring.
      • Any delay in the orders delivery by the delivery company.
      • Providing the seller with a wrong delivery address.
      • Any failure of the user to maintain the security, confidentiality and privacy of account data.
      • Any personal actions or violation of privacy or intellectual property rights.
      • Any possible interruptions of the service due to, but is not limited to, maintenance work, technical problems or other similar causes.
    • We do not control the sellers or the quality of products that they provide to you, and the sellers are responsible for all the sell and quality of the products.
    • The user agrees to assume full responsibility for your use of the “Qoomash” platform, and agrees that any information you send to us does not violate any property rights, encourage terrorism and hatred, or contain political or offensive material or information or pornographic images.
    • The user agrees to compensate us for any loss or damage caused by non-compliance with these terms and conditions or because violate these terms, and you must bear the costs and expenses of any direct and indirect claims.
    • We shall not be liable for any links to third-party websites accessible from the “Qoomash” platform or for any instructions provided therein or the content to such websites.
    • The responsibility of using the information received or reached by users through the “Qoomash” platform rests with both people who provide it, or who use it.
    • “Qoomash” platform does not guarantee any features (including, but not limited to the quality, value, and transferability) of the products planned for sale by the sellers, does not implicitly or explicitly endorse the purchase or sale of any product, and it is not a supplier or manufacturer of any product.
    • We shall not responsible for any claims arising out of errors or omissions, whether caused directly, indirectly, incidentally, by the user or by third parties such as shipping companies.
    • “Qoomash” platform disclaims all implied guarantees, conditions and implicit provisions and shall not be liable for any material loss or damage to reputation or any consequential damage resulting directly or indirectly from your use of or inability to use the platform.
    • “Qoomash” platform does not guarantee that the website are free from viruses or anything else that may cause damage or destruction. This site may also be unavailable from time to time for repair, maintenance or business development.
  • COMPENSATION

You agree to compensate the “Qoomash” platform and its affiliates and the responsibility of its employees, agents and suppliers for damages resulting from any disputes, complaints, actions, actions, losses, reimbursements, or expenses (including costs and legal expenses), of any type resulting from your violation of these terms, or violation of any third party laws, or right or misuse, or any unlawful use of the platform whatsoever.

• LINKS TO THIRD PARTIES
  • “Qoomash” platform may include links to other applications or websites provided by third parties, and we have no control over the contents of those applications or websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
  • If you decide to access any of the third parties links, you do so entirety at your own risk and subject to the terms of use of such third party.
• TERM AND TERMINATION
  • These terms shall be effective immediately upon registering an account, your acknowledge of acceptance and will continue in effect until terminated by you or us.
  • We may terminate this agreement at any time without notice, if you violate any of these terms.
  • Upon termination, all rights granted to you under these terms will also terminate.
• RELATIONSHIP

All the clauses mentioned in these terms do not constitute or establish a partnership or intermediary between you as a user (seller or customer) and the “Qoomash” platform, and you do not have the right to bind us in anything and in any way.

• TRANSFER OF RIGHTS AND OBLIGATIONS
  • We at any time may transfer all or part of its rights, obligations or responsibilities (expressed or presumed) under these terms to its affiliates without recourse to your request for additional consent.
  • You may not transfer all or part of your rights, obligations, benefits or responsibilities (expressed or presumed) under these terms to a third party without the prior written consent of us.
• APPLICABLE LAW
  • These terms and other policies shall be governed by the laws in force within the KSA.
  • If any clause of these terms is found to be invalid or void or for any reason unenforceable, such clause is separable, shall not affect the execution and validity of the remaining clauses.
• MODIFICATION
  • We may modify and update these terms from time to time in its sole discretion.
  • All modifications are effective immediately when posted, and apply to all use of the “Qoomash” platform
  • Your continuity of using the “Qoomash” platform after updating this policy shall be deemed to be an express consent by you to these modifications and a legal acceptance of the new terms, and you agree that all previous versions of the terms are superseded by the modified version.
• LANGUAGE

These terms are drafted in both Arabic and English; the Arabic text shall be deemed the certified text in relation to the interpretation of these terms and applicable before all the official and unofficial bodies if the English language conflicts with it.

• ENTIRE AGREEMENT

These terms sets out in advance (or as amended from time to time) all the clauses of understanding and agreement between the user and “Qoomash” platform taking into account the relevant issues, and superseding any prior versions of these terms or policies.

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