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Terms and Conditions

مقدمة : منصة غارس

Welcome to the GARS platform, and this agreement is a contract between the platform, the sellers and the beneficiary customers as a third party, According to their terms and conditions. The following are the terms and conditions for the use of the “Ghares.sa” platform, Which is an electronic platform through which it is allowed to obtain products in addition to registering as a nursery, As a planter and as a webmaster. Your use of the Gars platform constitutes your agreement to be bound by the terms and conditions of this Agreement of Qimam Investment Company. The Gars platform reserves the right to amend or change the terms of these terms and conditions without prior notice, It is the responsibility of the membership holder, whether he is (the seller or the customer), to review the usage agreement periodically to find out about the urgent updates thereto.

التعريفات:

  • Gars: a website and/or application referred to by this name for the purposes of copyright protection; and distinguish it from others.
  • Platform: It is a website and/or application bearing the name of Garis, Through which sellers are allowed to display and sell their products to beneficiaries, Beneficiaries are allowed to purchase through it according to its own provisions.
  • Initiator (client): A person or entity who uses the platform for the purpose of purchasing seedlings or others.
  • Arboretum: It is every nursery registered with a special account for the nursery on the platform to display its products through it.
  • the product: It is every seedling or any product offered by the seller through the platform.
  • The planter: He is the person registered with the platform and responsible for receiving seedlings from the nursery and planting them in the specified place with the approval of the supervisor in accordance with the terms and conditions of the platform.
  • Supervisor: He is the person registered on the platform and responsible for agreeing to complete the implantation process in accordance with the terms and conditions of the platform.
  • Usage Agreement: It is a guiding document that states the policies for using the platform appropriate to the nature of its activity, It regulates the relationship between the seller and the customer with the platform.
  • Membership: A subscription subject to the policies set by the platform to determine the mechanism for registering the nursery, initiator, planter and supervisor, and obtaining an account of its own on the platform.
  • Safe Payment System: It is every secure payment method regulated by the platform.
  • Legal and statutory responsibility: It is every obligation undertaken by the person who has caused damage that requires a guarantee in return.
  • Retrospective information: It is to leave a rating or comment on the products sold on the platform.
  • Saudi Arabia regulations: They are laws, legislation, and legal and regulatory rules that regulate the activity of commerce and electronic commerce.

منح العضوية:

  • Membership of the platform is granted only to those over the age of 18 who have a commercial record in the event that it is an institution or a company, whether the seller or the customer, and it is not required to have a commercial record for individuals. The Garis website has the right to cancel any membership whose owner has not reached the age of 18, or it was found that his commercial registration has been canceled or frozen for any reason, or his commercial establishment was closed for any reason by the competent authorities, with the obligation to liquidate his financial accounts immediately upon closing the account.
  • No person shall be entitled to use the Site if his/her membership of Gars is canceled.
  • The membership holder shall abide by all applicable laws and regulations for regulating e-commerce and e-commerce in the Kingdom of Saudi Arabia.
  • No membership holder has the right to open one or more other memberships at the same time for any reason (except after obtaining written approval sent by mail), In the event of non-compliance, the administration has the right to cancel all memberships or keep one of them, with the obligation to liquidate all financial transactions related to the canceled memberships before closing them. The membership holder shall bear all costs incurred by the cancellation.
  • Membership holders, both individuals and institutions, must abide by the commercial contracts concluded through the GARS platform.
  • The membership holder is not entitled to purchase or display prohibited products, or suspicious, or stolen, or violate the laws and regulations in force in the Kingdom of Saudi Arabia, If this is proven, he shall be solely responsible for it. Without any responsibility on Gars.
  • Membership on the site is free, except for premium subscriptions offered by the Gars platform.
  • The platform contains paid advertisements for sellers, It is in accordance with a financial consideration and its own organization.

الحسابات والتزامات التسجيل: عند تقديم طلب التسجيل للحصول على عضوية في الموقع يلتزم طالب التسجيل بما يلي:

  • Disclosing any information requested from GARS, And choose a user name and a secret password to use when entering the site.
  • Maintaining the confidentiality of membership information and password and determining the persons allowed to access and use the account on the site.
  • Immediately inform Gars of any unlawful use of the Membership or any other breach of the Member’s confidential information.
  • In no event shall the Gars platform be liable for any damage that may be caused to the membership holder on the site as a result of the disclosure of the user name or password information or the case of account hacking.
  • The owner of the membership is obligated to maintain confidentiality in its use and is responsible for compensation in the event of any damage to the gars as a result of the breach.
  • The membership holder must disclose all information requested in the GARS registration form. He shall be solely responsible for maintaining and updating them on an ongoing basis. Gars has the right to suspend, freeze or cancel membership on the site in case of violation.
  • The member’s name shall not include the word “Gars”, its logo, or any reference to it.
  • The Gars platform is committed to treating the member’s personal information and contact addresses in strict confidence with other members, and members are provided with contact information only upon completion of business operations.
  • In the event that the applicant for membership represents a governmental entity, institution or commercial company, proof of the correctness of his representation must be submitted.
  • In the event of non-compliance with any of the above, the GARS management has the right to suspend or cancel the membership, It also has the right to cancel any unconfirmed and unconfirmed accounts, operations or accounts that have been inactive for a long period of time.

التواصل الالكتروني:

  • The means of communication with the membership holder is via e-mail. or any other electronic means, This has a legal and regulatory impact.
  • The Gars platform sends to the member during his membership period promotional emails for the purpose of new promotional activities added on the site and any of what it sees.
  • The membership holder has the right to express his unwillingness to receive promotional emails by choosing the option not to receive them through the platform.

التعديلات على اتفاقية الاستخدام:

  • Gars has the right to make amendments or changes to the User Agreement at its own discretion and publishes it, The initiator, the seller and the customer must constantly follow up on what is new in this and bear the responsibility for not doing so.
  • The owner of the membership must inform the site management in the event that the sale is not successful and completed.
  • The Gars platform has the right to accept or refuse to display the goods on the site as it deems appropriate.
  • All fees and amounts are calculated in the local currency of the Kingdom of Saudi Arabia (Saudi Riyals).

استخدام غارس لنظام الدفع الآمن :

  • Gars organizes secure payment methods through the site in the following ways:
  • Electronic payment through Gars electronic payment methods.
  • or cash on receipt “COD”
  • Or any other payment methods provided by Gars on the Website explaining its mechanism.
  • Gars oversees the buying and selling operations on the site, It does not bear any legal and regulatory responsibility in the event that any of the payment methods on the site are breached, Each third party payment regulator is responsible for the security of these means, GARS is also committed to taking due care in providing security for the platform.
  • Gars is not responsible for any defect, default or warranty arising from the seller nor is it responsible for any sale that is not completed through the platform, It is also not responsible for any claim arising from any contract entered into between the seller and the buyer outside the platform.
  • The owner of the seller’s membership is not entitled to enter into any contracts made through the platform with the customer outside the platform, If this is proven, the platform has the right to claim its entitlement to that with the compensation arising from this claim.
  • The account holder should take care and caution in dealings with buyers.

معلوماتك الشخصية ومعلومات تفاصيل العمليات:

  • Gares has the right to use the Member’s information, This is when displaying products or when announcing the products the platform has been provided with.

المنتجات و المعلومات المحظور استعمالها في الموقع والتطبيقات:

  • The seller (the nursery) is not entitled to offer any product that is not allowed to be sold or traded in the markets of the Kingdom of Saudi Arabia as stipulated in the regulations.

إتمام عملية طلب الشراء:

  • The purchase process on the site is carried out according to the following procedures:
  • The display of seedlings by the nursery is considered a positive process in his right. The application process takes place after receiving and accepting the application, and this is considered an acceptance to complete the process.
  • The planter is responsible for the seedling after receiving it from the nursery until it is planted and the approval of the planting supervisor.
  • GARS is subject to the regulations and decisions of the Zakat, Tax and Customs Authority in the Kingdom of Saudi Arabia.

أحكام عملية الشراء في الموقع :

  • The customer (initiator) is obligated to pay the full amount.
  • The seller (the nursery) is obligated to deliver every order purchased from him to the planter.
  • The membership holder is not entitled to communicate or complete any sale outside the platform of any product that was offered through it, If this is proven, they shall bear the security responsibility for that in accordance with the provisions of this Agreement.
  • No claim of non-sale is accepted, At the time, Garis believes, from his point of view, that it was successfully carried out in accordance with the use agreement and the terms of the platform.
  • It is not permissible to manipulate or attempt to manipulate the platform in any way, including the prices of products, whether by the owner of the membership or any other party, The manipulator shall bear the consequences of his manipulation, whether by the platform or the resulting governmental fines and penalties.
  • It is not permissible to take any action that would breach the confidentiality of the platform’s information and data, or disclosure or use of data or information for any reasons or actions not related to Gars.
  • The owner of the membership is not entitled to publish data or viruses that may harm the site, The person who is proven to be responsible for this act alone shall bear the responsibility.
  • The membership holder is not entitled to interfere directly or indirectly, affecting the workflow of the platform.
  • The membership holder or others may not enter or attempt to illegally access another membership account or perform any illegal operation on the platform.
  • The owner of the membership may not reproduce, or modify, or distribute any content on the Site or infringe intellectual property rights.
  • The Member may not infringe any third party rights or GARS contracts.
  • The membership holder may not harm the GARS through the use of fraudulent credit cards, or stolen, or pirated, or fake.

التعهدات والضمانات:

  • The representation of institutions and companies must be correct and systematic.
  • All products (seedlings) displayed on the site are owned by the seller (the nursery) and trade is permitted.
  • Comply with the laws and regulations in force in the Kingdom of Saudi Arabia.
  • The nursery’s commitment to the correctness and accuracy of the information and description of the goods published on the site, An accurate description with the need to attach pictures of the seedlings.
  • The obligation not to collect information about other users, including their electronic addresses and other means of communication, except in accordance with the provisions of this Agreement.
  • Obligation not to publish any personal information about the holders of the membership, Or use it in a way that violates their confidentiality and privacy.

حقوق الطبع و العلامات التجارية:

  • Everything contained in the Gars website is the exclusive property of the platform and its rights are reserved to Gars, The provisions of the relevant regulations and laws shall apply to them.
  • It is not permissible to use the member marks that appear on the Gars website, as they are the property of the member alone. In the event of a breach of the intellectual property rights of the membership holder, he must inform the Gars management of this.

حماية المشتري:

  • When the seedlings are not delivered to the planter as agreed upon, the Gars platform has the right, Suspension, cancellation or blocking of the seller (arboreal) access to the site and/or cancellation of its membership, The platform has the right to charge the seller (the operator) the costs of compensating the buyer (the initiator), shipping and delivery costs, and any additional fees, GARS reserves the right to take additional steps if necessary.
  • Shipping charges for return orders:
  • In the event that the return was due to an error borne by the seller (the nursery) or a problem with the seedlings, The client (initiator) must submit his objection within a maximum of three days from the completion of the implantation process, with an explanation of the reason.
  • The seller (the nursery) bears the shipping fees paid to the planter.
  • The seller (the nursery) bears the fees for returning the seedlings back to the place of planting.
  • After approval of the return request submitted via e-mail by the customer, and the seller’s refusal to receive the returned item rejected by the buyer, or the seller’s failure to take the necessary measures, Gars has the right to hold the seller what he deems appropriate of responsibility or deduct money for the benefit of the platform or for the customer.
  • Garis has the right to debit the seller (the nursery) account or charge him any fees or charges that you may incur through the destruction and/or liquidation of the returned seedlings.
  • In the event that the customer (initiator) objects after the expiry of the specified period, estimated at a maximum of three days from the completion of the implantation process, The discretionary authority to accept the objection for the platform is in consultation with the seller (the nursery), If it is approved to return the seedlings, It will be according to the following provisions:
  • The buyer (initiator) bears the planter’s shipping fees to return the seedlings to the place of planting again without any responsibility on the seller (the nursery).

حدود مسؤولية منصة غارس:

  • Gars is a platform that enables nurseries to display and sell their products to customers.
  • A planter does not buy or sell products (seedlings), It is not a party to any sale.
  • GARS does not guarantee that the sale will be completed or that the seller will accept return or refund.
  • GARS is not responsible in the event that one of its registered members exceeds the limits permitted to display its products, or in the event that customers infringe the purchasers (initiators) through abusive responses to the site.
  • GARS is not responsible for any unsatisfactory performance or delay caused by any party, nor for any losses, , Because of unavailable seedlings or delayed delivery or otherwise.
  • GARS is not required to mediate or resolve any dispute or disagreement between User Membership holders.
  • Gars does not control or guarantee the quality, safety or legality of any advertised merchandise (seedlings), Nor is it obligated to endorse what the members show, and it does not entail any guarantees regarding what sellers include in the description of their goods. Nor does the buyer pay the price of seedlings.
  • Garis does not guarantee the quality specifications, value, or market popularity, and it is the responsibility of the seller (the nursery) to check all the goods before selling or displaying them.
  • Gars is not a supplier or manufacturer of any kind of merchandise (seedlings) sold or bought on the Platform.
  • GARS is not responsible for the security of any off-site links, even if they are displayed there. Or a virus originated from it.
  • GARS shall not be liable for any claims arising from errors or omissions, Whether it occurred under an emergency circumstance, force majeure, or from a third party.

السرية:

  • GARS takes all methods, options and takes reasonable care to provide security for the Platform to prevent access to confidential and personal information; Bearing in mind that the Internet is not a secure medium, The confidentiality of your personal information cannot be 100% guaranteed.

إنهاء اتفاقية المستخدم:

In accordance with the terms of use and regulations, Gars has the right, without bearing any responsibility, to reduce the activity of the member or withdraw his membership, and cross out the lists of seedlings offered for sale, or warning him about suspicious and prohibited activities, This is in the following cases:

  • Non-compliance with the User Agreement.
  • If Gars is unable to document any of the information provided to him or displayed on his Platform.
  • If Gars believes that the activities of the member holder may cause him, the customer or Garis to be liable or violate the laws and regulations in the Kingdom of Saudi Arabia.
  • La Gars “according to his assessment, has the right to reinstate the activities of the suspended membership, Whereas the membership holder whose activity has been permanently suspended or his membership withdrawn, He cannot register again in GARS, Until he is allowed to re-activity on the platform.

المنافسة والشراء:

  • Submitting offers on the platform is considered a commitment by the parties to complete the sale and purchase of seedlings, and the parties are not entitled to withdraw after the competition is offered and accepted.
  • Garis reserves the right to refuse or cancel competitions whenever it sees fit.
  • The seller has the right to double the size and quantity of the merchandise provided that the customer or Garis management agree to the increase, He has no right to reduce the quantity or volume of the goods, withdraw from them or cancel them.
  • The seller (the nursery) is obligated not to make false or illegal offers on the platform, and undertakes not to use a false name or any incorrect personal information, Garis has the right to take whatever action it deems appropriate.

شروط البيع في المنافسات:

  • Members of the platform must display their goods in accordance with the conditions of GARS and the regulations and laws in force in this field and not violate them.
  • Merchandise must include designs and photographs describing the product displayed, It must be presented in a proper and sound manner in order to ensure that the client is aware of it in a manner that denies ignorance and deception.
  • It is prohibited to present offers and competitions outside the platform for its customers, By advertising through the addresses of the seller (the nursery), This is considered a violation of the terms and conditions of the User Agreement.
  • The product may not be offered more than once on the platform in the same form and manner.

إضافة معلومات استرجاعية:

  • Gars encourages customers and sellers on the site to feed back on each other after each sale is completed. This would help the membership holders and visitors to the platform to learn more about its activities and the level of services for each member of the platform. The information of the holder of the recall membership will be displayed on the platform, It is also prohibited to publish feedback information for the purpose of promoting sales outside the Platform. In the event that any seller or customer continues to transmit negative feedback, Gars will cancel his membership on the site and the Gars platform has the right to cancel this feature whenever it wants to.

الضمان:

  • GARS does not guarantee, The offered product (seedlings) by the seller (the nursery) who is obligated according to this agreement to provide it correctly and accurately and without any defect or defect, Every mistake and non-compliance with the terms exposes the seller (arboretum) alone to legal, legal and warranty liability.

المخاطبات والإشعارات:

  • Correspondence and correspondence between the membership holders and GARS shall be through the approved addresses (e-mail – phone numbers) announced on the platform.

سياسة الاسترجاع:

Each customer has the right to return or exchange seedlings in the following cases:

  • In the event that the commercial data does not correspond to reality, And there is a difference between what was offered by the nursery regarding the product and it was in contradiction to what was announced.
  • If there is a manipulation by the seller (the nursery) in the quantity or size of the products or both, or any manipulation that would affect the sale.
  • If the product is in violation of the Saudi Standard Specifications.
  • Seedlings must be returned to the condition they were before purchase.
  • Returns of any seedlings without the original accompanying documentation will be refused.
  • Any damaged, modified or altered seedlings will not be accepted for return.
  • The recovery period does not exceed a maximum of three days from the date of completion of the implantation process and this period can be reduced or increased at the discretion of Gars.
  • GARS shall not be liable for any financial losses caused by return cases, And the seller (the nursery) is solely responsible for it in the event that the default is on him or on the conductor (the planter) as deemed appropriate by the Gharis platform.
  • The return of products shall be according to certain requirements, depending on the type, nature and quantity of the product. This is subject to GARS’ discretion in consultation with the seller.

تحويل الحقوق والالتزامات:

  • GARS has the right to transfer part or all of its rights, obligations and responsibilities, to another party, whether by sale, merger, or total or partial acquisition, It shall be published on the site.
  • The seller (the nursery) is not entitled to transfer his rights and obligations to another party without prior written permission from Garis, This is in accordance with the terms and conditions of the User Agreement.

معلومات عامة:

  • If any clause of this User Agreement is invalid, void, or for any reason no longer in force, Such a paragraph does not cancel the validity of the rest of the paragraphs contained in the agreement. This agreement, which is amended from time to time according to its terms, sets out all the broad lines of understanding and agreement between you and GARS, taking into account the following: No person who is not a party to this User Agreement has the right to impose any terms or conditions therein. – If the User Agreement has been translated into any other language, Its Arabic text remains the dominant one.

القوانين والأنظمة الحاكمة:

  • This User Agreement is governed by and formulated in accordance with the laws and regulations of the Kingdom of Saudi Arabia, It is subject to its own regulations, and when it differs, it is subject to the provisions of its judicial authorities.