Terms of Use and Privacy Policy

Terms of Use and Privacy Policy for Mustakah Store

Mustakah online store welcomes you and informs you that you will find below the terms and conditions governing your use of this store, as well as all legal effects resulting from your use of the store's services on the Internet through this electronic platform. Any person's use of the store, whether as a consumer of a service or product or otherwise, constitutes their full consent and acceptance—while possessing full capacity as recognized by Sharia, regulations, and law—of all articles and provisions of this Agreement, and confirms their commitment to its contents. This Agreement applies to all types of transactions between the Consumer and the Store. This Agreement is deemed effective and enforceable immediately upon your approval and initiation of registration in the store, pursuant to Article 10 of the Saudi Electronic Transactions Law.

Article 1 - Introduction and Definitions:

The preamble above constitutes an integral part of this Agreement. Below are the definitions and significances of the key terms used in this Agreement:

(The Store): Refers to (Mustakah) electronic store, and this definition includes all forms of the store on the Internet, whether it is an electronic application, a website, or a digital platform.
(The Consumer): Any natural or legal person who engages in electronic commerce with the intent of obtaining products or services provided by the Store through its electronic platform.
(The Agreement): Refers to the terms and conditions of this Terms of Use and Privacy Policy Agreement, which govern and regulate the relationship between the parties hereto.

Article 2 - Consumer's Legal Capacity:

The Consumer acknowledges that they possess the legal capacity recognized by Sharia and applicable regulations to deal with the Store, or that they are at least eighteen (18) Gregorian years of age.
The Consumer agrees that in the event of violating this article, they shall solely bear all consequences and liabilities resulting from such violation against third parties.

Article 3 - Nature of the Obligation:

The Store's obligation toward the Consumer is to provide the offered service or product.
The Store may provide other services, such as after-sales services or other related services, depending on the nature and type of service or product requested by the Consumer.

Article 4 - Controls of Use:

The Consumer undertakes to use the Store's electronic platform in compliance with public morals and the regulations in force in the Kingdom of Saudi Arabia.
When purchasing a service or product from this Store, the Consumer undertakes not to use such service or product in any manner that violates public morals and the regulations in force in the Kingdom of Saudi Arabia.

Article 5 - Accounts and Registration Obligations:

Upon applying to join this Store as a registered user, you undertake to disclose specific information and select a confidential username and password for use when accessing the Store's services. By doing so, you agree to the following:

You shall be responsible for maintaining the confidentiality of your account information and password, and you shall immediately notify the Store of any unauthorized use of your account information or any other breach of your confidential data.
The Store shall not, under any circumstances, be liable for any direct or indirect, material or moral loss that you may suffer as a result of the disclosure or leakage of your username or password.
You undertake to use your account or membership with the Store personally and shall be fully responsible for it. If used by any other person, it shall be deemed a presumption that you have authorized them to use the Store in your name and on your behalf.
You undertake to use the Store with full seriousness and credibility.
You undertake to disclose true, accurate, updated, complete, and lawful information about yourself as required during registration with the Store, and you undertake to update your data immediately upon any changes thereto.
If it is revealed to the Store that you have disclosed untrue, inaccurate, outdated, incomplete, unlawful information, or information that violates the provisions of this Agreement, the Store reserves the right to suspend, freeze, or cancel your membership or account on the platform, without prejudice to the Store's other rights and legitimate means to recover its rights and protect other consumers.
In the event of non-compliance with any of the above, the Store's management reserves the right to suspend or cancel your membership or block you from accessing the Store's services again.

Article 6 - Privacy Policy and Confidentiality of Information:

The Store is committed to respecting the privacy of the Consumer and protecting their personal data in accordance with the laws and regulations in force in the Kingdom of Saudi Arabia (Personal Data Protection Law).
The Store collects certain personal data necessary to complete transactions and provide services, including: (Name, Email, Phone Number, Shipping and Delivery Address).
The Store undertakes to maintain the confidentiality of consumer data and shall not share or disclose it to any third party, except for business partners and service providers whose nature of work requires access to it (such as shipping and delivery companies and electronic payment gateways) and solely within the scope of providing the service.
The Store implements high technical and administrative standards to protect data from breaches or loss. However, the Store shall not bear full liability for any breach that occurs due to force majeure or circumstances beyond reasonable control.

Article 7 - Electronic Communications and Official Means of Communication:

The parties to this Agreement agree that all communications and notices shall be carried out through the communication channels approved by the Store, including email, text messages (SMS), instant messaging applications, or any other electronic means adopted by the Store.
The Consumer agrees that all agreements, advertisements, data, notices, and other communications provided to them electronically through the approved communication channels of the Store shall stand in lieu of their written counterparts and shall constitute independent conclusive evidence in meeting regulatory and Sharia requirements.
The Consumer agrees that they may be contacted and notified of any provisions or updates relating to this Agreement, their orders, or their account through the communication channels approved by the Store.

Article 8 - Amendments to the User Agreement and Fees:

This Agreement—which may be amended from time to time as the circumstances may require—constitutes the working mechanism, mutual understanding, and agreement between the Consumer and the Store.
The Store may impose fees on certain consumers depending on the offers, products, or services requested, or in accordance with any fees or taxes imposed by the competent authorities on the nature of the product or service.
The Store reserves the right to add, increase, reduce, or discount any fees or expenses under the articles, clauses, and provisions of the User Agreement for any consumers, regardless of their reason for registration.

Article 9 - Payment and Settlement Services in the Store:

The Store provides, through its partners, available payment and settlement systems, which may be conducted entirely electronically through the payment options available in the Store, or via any other payment method adopted by the Store from time to time.
The Store undertakes to determine the price of the displayed product or service in accordance with the recognized market value.
The Store undertakes to provide invoices, cash receipts, and delivery receipts for all amounts and payments made through it, and undertakes to provide the Consumer with a purchase invoice for the product or service.
The Store undertakes to apply generally accepted accounting standards and practices in its online store, in compliance with the provisions of this Agreement, and in a manner that achieves legal, economic, commercial, and regulatory interests.

Article 10 - Intellectual Property:

All intellectual property rights of the Store are fully owned by it, whether existing prior to the establishment of the electronic platform or arising thereafter.
The Consumer undertakes to respect the intellectual property rights of the Store, including the Store's name, logos, trademarks, symbols, designs, and content displayed therein, and all associated rights, which constitute exclusive intellectual property of the Store.

Article 11 - Liability of the Store:

The Store undertakes to conduct its commercial activity through this electronic platform in accordance with the laws and regulations in force in the Kingdom of Saudi Arabia and the provisions of this Agreement.
The Store shall not bear any claims or liability for damages arising from errors or negligence, whether direct, indirect, or incidental, caused by the Consumer or any third party, including shipping and delivery companies.
Mustakah Store, its employees, owners, and representatives undertake that the products or services provided are safe, lawful, and authorized in accordance with the laws and regulations in force in the Kingdom of Saudi Arabia, and that they shall be used for lawful purposes only.

Article 12 - Restriction of Access or Membership:

The Store may suspend or cancel the Consumer's membership, or restrict their access to the platform's services at any time, without prior notice, and for any reason the Store deems appropriate, as required by business interests and the provisions of this Agreement.

Article 13 - Applicable Law and Dispute Resolution:

This Terms of Use and Privacy Policy Agreement shall be governed by and construed in accordance with the laws, regulations, and legislation in force in the Kingdom of Saudi Arabia, and any disputes arising therefrom shall be subject exclusively to the competent judicial authorities in the Kingdom of Saudi Arabia.

Article 14 - General Provisions:

If any article or clause in this User Agreement is invalidated or becomes unenforceable, such invalidity shall not affect the validity of the remaining articles, clauses, and provisions herein, which shall remain in effect until further notice from the Store's management.
This User Agreement, along with any amendments made thereto from time to time as circumstances may require, constitutes the framework governing the relationship, operational mechanism, understanding, agreement, and contract between the Store and the Consumer.
The parties to this Agreement agree to the following:

A. The Arabic language shall be the approved language for interpreting the provisions of this Agreement. In the event of its translation into any other language, the Arabic text shall prevail in case of any discrepancy.

B. All prices displayed for the Store's products or services are subject to modification from time to time.

C. Promotional or marketing offers provided by the Store are temporary, and the Store reserves the right to modify or discontinue them at any time.

D. Both parties to this Agreement undertake to deal with each other in a manner that does not violate the regulations, laws, and Sharia rules in force in the Kingdom of Saudi Arabia.

E. This User Agreement shall not be terminated except by a decision issued by the Store's management or as required by the laws and regulations in force in the Kingdom of Saudi Arabia.