TERMS & CONDITIONS

Welcome to Porsche Design Online Shop [of the Kingdom of Saudi Arabia]. We strive to ensure our customers receive an effortless shopping experience and we hope that you enjoy all our website has to offer.

This website ([porsche-design.com.sa] and all subdomains) (the “Website”) is operated by Saudi Arabian Marketing & Agencies Co. Ltd (“SAMACO”). Access to this site is subject to the terms and conditions of use outlined below (the “Terms and Conditions”).

1.         General Terms; Use of Website

1.1.      The terms below govern the use of this Website. If you do not agree to the Terms and Conditions, please leave this Website immediately.

1.2.      By using this Website, you agree to be bound by the Terms and Conditions, which take effect on the date and time at which you begin to use this site. SAMACO may change or update these Terms and Conditions at any time without notice by updating these Terms and Conditions as displayed on the Website. Such changes shall take effect immediately upon being posted to the Website. It is your responsibility to review the Website Terms and Conditions each time you enter the Website to ensure you are aware of our latest Terms and Conditions. Your use of this Website after a change has been made signifies your acceptance of the revised Terms and Conditions. You are also responsible for ensuring that all persons accessing this Website through your internet connection are aware of and agree to these Terms and Conditions.

1.3.      Access to the Website is permitted on a temporary basis and SAMACO reserves the right to withdraw or amend the service without notice.

1.4.      Individuals under the age of eighteen (18) years are prohibited from registering on this Website and may not conduct transactions on this Website or use this Website for any purpose.

1.5.      You agree to only use this Website to browse the content herein and make legitimate purchases. You shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase or to engage in any unlawful activity.

1.6.      Except as provided by law, the Website and the content and information made available on the Website is provided "as is" and without any express or implied warranty (whether in relation to accuracy, completeness, currency or otherwise).

1.8.      You acknowledge that SAMACO cannot guarantee:

  1. The compatibility of the Website with all or any hardware or software which you may use;

  2. The availability of the Website all the time or at any specific time;

  3. The speed or security of the Website;

  4. That the Website will be accurate or up to date at any given time; and

  5. That the Website will be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components, and that you must take your own precautions accordingly.

1.9.      To the fullest extent permissible by law, SAMACO will not be responsible for any damage or loss you may suffer directly or indirectly as a result of using the Website or any virus attack that can be traced to this Website. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

1.10.     On this Website, SAMACO may provide links to other websites or resources. You acknowledge and agree that SAMACO is not responsible for the availability of such external sites or resources which, for the avoidance of doubt, shall include all websites and resources not located at the [Porsche Design Online] address. SAMACO does not endorse and is not responsible or liable, directly or indirectly for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

2.         Orders and Purchases 

2.1.      The price of the merchandise shall be the retail price listed on the Website, is inclusive of VAT and excludes any other applicable costs.

2.2.      When you place an order with us, then subject to your rights to cancel or return the merchandise, you, as a “Buyer,” commit to buy the item described in that order, at the price indicated including taxes and duties where applicable.

2.3.      You must provide accurate and current information when placing your order.  You are responsible for checking the size, colors, materials and other relevant information that you submit with your order. By submitting an order, you represent that all products, sizes, quantities and component variables listed in the order are correct. SAMACO shall bear no responsibility for Buyer errors in submitting an order.

2.4.      Orders are subject to our acceptance, which we may withhold in our sole discretion including for reasons such as ineligibility, inability to confirm payment authorization, suspected fraud, shipping restrictions and stock availability. Merchandise in your Website cart are not reserved until the check-out process is complete and payment is made. Merchandise in your Website cart may become unavailable during the period following addition to the cart and before confirmation by SAMACO of receipt of payment.

2.5.      SAMACO endeavors to present an accurate reflection of its inventory on the Website. However, the quantities and specifications of the merchandise in stock should be considered an estimate and are subject to change based on availability. The final transaction is subject to confirmation by SAMACO, such confirmation to be provided by e-mail to you within seventy-two (72) hours of SAMACO’s receipt of your payment.

2.6.      Payments made on this Website to SAMACO will be processed through PayFort and Saudi British Bank (“SABB”) or such other payment gateway or process provider (each a “Payment Gateway”) which we may choose. Any payment made through the Website, and all associated details provided by you, shall be provided directly to a Payment Gateway via a secure connection. Payments may be made using a Visa or Mastercard credit or debit card in Saudi Arabian Riyals or any other currency deemed acceptable by SAMACO from time to time.

2.7.      SAMACO may disclose the Buyer's personal data if required to do so by:

  1. applicable laws;

  2. at the request of any governmental authority;

  3. in the good faith belief, that such action is necessary;

  4. to comply with a legal obligation;

  5. to protect and defend the rights or property of SAMACO or its affiliates; or

  6. to protect against legal liability.

2.8.      By submitting an online payment, you agree that any Payment Gateway may collect, use, store, process and transfer data received from you in order to process the payment and as required by applicable laws. You further agree that any Payment Gateway is permitted to transfer such data to any third party if required for successful completion of the payment process. In all cases SAMACO shall comply with applicable laws related to personal data privacy. Other than as stated in clause 2.5 and as required by the Payment Gateway under the Terms and Conditions, no credit or debit card details or other personally identifiable information supplied by you will be stored, sold, shared, rented or leased to any third parties.

2.10.     SAMACO will preserve all records related to purchases and refunds for two (2) years from the date such purchase or refund is processed. By submitting an online payment, you agree that SAMACO may keep records of such payment for up to two (2) years and permit any Payment Gateway to examine such records.

2.11.     SAMACO is not responsible for typographical or pricing errors. If an error is discovered, SAMACO may cancel the sale. All prices, specifications and availability are subject to change without notice.

2.12.     If, for any reason SAMACO has underpriced merchandise in error, SAMACO will not be liable to supply that merchandise at that price. Should you choose not to complete the purchase, your payment will be fully refunded on the credit card provided for the payment. There will be no cash refund from an on-line payment.

2.13.     SAMACO will not process any transaction which SAMACO reasonably believes to be in violation of any applicable law, including the laws of the Kingdom of Saudi Arabia.

2.14.     SAMACO and each Payment Gateway is committed to comply with all applicable anti-money laundering and terrorism financing laws and regulations. In the event SAMACO discovers, suspects or has reason to suspect that a Buyer has engaged or intends to engage in money laundering or terrorism financing through use of the Payment Gateway’s services by way of any transaction with SAMACO, SAMACO will immediately inform the Payment Gateway. The Payment Gateway is authorized to take such actions as the Payment Gateway deems reasonably necessary to comply with its internal and external obligations with respect to identifying, investigating, collecting data and identification documents regarding, reporting on and discontinuing money laundering or terrorism financing activity that occurs through the use of its services. SAMACO will fully cooperate with the Payment Gateway in such efforts.

2.15.     SAMACO will not provide products to any OFAC (Office of Foreign Assets Control) sanctioned countries or entities which are subject to sanctions or embargoes or otherwise designated on any list of prohibited or restricted parties, including without limitation the lists maintained by the Kingdom of Saudi Arabia, the United Nations Security Council, the United States government, the European Union or its member states or any other applicable government authority, or to any entities controlled by a sanctioned country or entity.

3.         Warranty

3.1.      The liability of SAMACO for the Porsche Design Online Shop is as provided for in statutory warranty regulations and in any other warranties which may have been granted.

3.2.      The Buyer acknowledges that the warranty covers manufacturing defects when recognized by the manufacturer only. The warranty does not include defects resulting from the Buyer’s misuse of merchandise.  Failure to abide by the terms and conditions of the warranty will result in the cancellation of the warranty, in which case the Buyer shall not have the right to ask for a replacement merchandise or reclaim the purchase price.

4.         Obligations of the Buyer

In access or use of the Website, you shall comply with these Terms and Conditions and all special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the applicable law, custom and in good faith. You may not make any change or alteration to the Website or any content or services that may appear on this Website and may not impair in any way the integrity or operation of the Website. Without limiting the generality or any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all losses and damages that this may cause SAMACO, our affiliates, partners or licensors.

5.         Delivery 

SAMACO shall make no delivery until payment has been received or shall make delivery concurrently against payment. The delivery time is normally approximately 3 working days (for shipping within the Kingdom of Saudi Arabia) from receipt of payment, up to, but not exceeding 30 working days after the duly release of the payment.

6.         Consent to Usage and Processing of Personal Data

6.1.      By using this website, you hereby acknowledge and agree that SAMACO, in its capacity as data controller, will process your personal data in compliance with applicable laws.

6.2.      The personal data you provide to SAMACO will be processed for the following purposes:

  1. For contractual purposes as to execute sales agreements or the merchandise manufacturer’s warranty obligations in the event you purchase merchandise; and/or

  2. Subject to your express consent, to provide you with sales and/or promotional information about new products and for market research and surveys.

6.3.      Your personal data will be processed for the purposes specified above using both automated and non-automated tools, in accordance with the principles of confidentiality and security measures prescribed by applicable law.

6.4.      If you choose to open an account on this Website using your email address (rather than social media login), SAMACO’s web provider will collect your email address and any other information provided by you (including, without limitation, name, address and mobile number) and store this information indefinitely for purposes of creating and maintaining an account.

6.5.      You hereby acknowledge and agree that:

  1. You are providing your personal data to be processed by SAMACO for the purposes specified in clause 6.2 above; and

  2. SAMACO may disclose the your personal data if required to do so:

(i)         by applicable laws;

(ii)        at the request of any governmental authority;

(iii)       in the good faith belief that such action is necessary;

(iv)       to comply with a legal obligation;

(v)        to protect and defend the rights or property of SAMACO or its affiliates; or

(vi)       to protect SAMACO against legal liability.

7.         Intellectual Property

7.1       The intellectual property rights in all software and content made available to you on or through this Website remains the property of SAMACO or the property of our licensors.  The software and content are protected by copyright laws and treaties around the world.

7.2       You may access, use, store, print and display content on this Website solely for your own personal use. You agree not to copy, reproduce, republish, upload, post, “deep-link,” “embed,” or otherwise transmit or distribute the contents of this Website or use such contents in connection with any business or commercial enterprise. You agree not to use, or cause others to use, any automated system or software to extract content or data from this Website except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

7.3       This Website contains trademarks that belong to SAMACO and our licensors. You must not use the trademarks except as expressly set out in these Terms and Conditions unless you have the written permission of SAMACO to do so.

7.4       Any trademarks or trade names featured on this 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 goods or services and, in the case of trademark owners other than SAMACO, is in no way an assertion that such goods or services are endorsed by or connected to us.

8.         Assignment and Sub-Contracting 

SAMACO may assign any or all of its rights under these Terms and Conditions to any entity affiliated with SAMACO.

9.         Force Majeure

SAMACO shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and SAMACO shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as SAMACO considers unreasonable, it may, without liability on its part, terminate the sale contract.

10.       Waiver

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce any of the Terms and Conditions.

11.       Severability

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

12.       Limitation of Liability

The Website is presented “as is.” We make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Website, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

13.       Indemnity 

You agree to defend, indemnify and hold us, our directors, agents, affiliates, licensors and suppliers harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of the Terms and Conditions, including the use by third parties accessing the Website using your account caused by your action or inaction.

14.       No Agency

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and SAMACO.

15.       Entire Agreement

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between you and SAMACO concerning your use of the Website and any purchase by you of any items through the Website, and supersede and govern all prior proposals, agreements, or other communications.

16.       Governing Law and Dispute Resolution

16.1      SAMACO is domiciled in the Kingdom of Saudi Arabia and these Terms and Conditions shall be governed according to the laws of the Kingdom of Saudi Arabia.

16.2      In the event of a dispute arising from these Terms and Conditions, you agree to cooperate with SAMACO in an attempt to resolve such dispute through good-faith negotiations. In the event such negotiations fail, you agree that such dispute shall be resolved by any court of competent jurisdiction in the Kingdom of Saudi Arabia.

17.       Contact Us

Communications to SAMACO may be directed to:

Physical Office Address: Madinah Road, Al Faisaliah, P. O. Box 11931, Jeddah 21463

Phone: 8001180099

Email: info@samaco.com.sa