Terms of Service:
Introduction:
Kunuuz is a platform for connecting buyers and sellers. It does not represent itself as a buyer nor as a seller.
The following are the terms of use and policies (if applicable) on the Platform that we provide for you to access and use: the Site, Services, and Applications, including our mobile application (together, the “Services”).
When you access, register for, and/or continue to use our services, you agree to be bound by the terms and legal documents listed below with immediate effect. All terms of use and legal documents are subject to modification by us at any time. Your continued use of the site after posting any change means your acceptance of the modified terms of use and legal documents.
About:
The first party, Al Kunuuz Al Arabia (Al Kunuuz Al Arabia LLC, Kunuuz), A registered company in the Kingdom of Saudi Arabia Under Contract number 544522, Capital of 30000 SR, for Electronic Marketing (Kunuuz Platform) is the owner of the Kunuuz.com website and application, an online platform that allows the user to buy, sell, and offer services according to the specified terms and conditions under their responsibility. It is referred to in this agreement as Al Kunuuz Al Arabia LLC, the platform, the application, the site, we, us, or Kunuuz, and here it represents the first party.
The second party, the user, is the individual, organization, company, or similar, who accesses/uses the site and benefits from its services directly or indirectly, and is referred to as the member, second party, client, Buyer, Seller or advertiser. They are considered responsible for the content of their post\s, are bound by the terms and conditions mentioned in the site and accept and bear the consequences and damages of their content.
Membership Terms:
Membership refers to the name and data which the user registered with in Kunuuz platform, where the following conditions must be met:
- The name must be appropriate.
- The user must update the mobile number associated with the account in the event of changing or losing their mobile number.
- If the name contains a trade name or trademark, the user must be the owner of that trademark or authorized to use it.
- If the user is a legal entity, they must use the official trade name or trademark registered in Saudi Arabia, or any of the WIPO countries.
- If the user is a legal entity, they must provide a copy of the commercial register and commercial registration number.
- If the user is an individual, Kunuuz has the right to request a copy of the national or residency ID, at any time.
- The VAT identification number should be provided, when applicable.
- Kunuuz has the right to suspend any account or funds until the user provides and verifies the documents that prove their identity.
Terms of Adding Content:
The following are the terms for adding content:
- The advertised item must be a good, property, or service only.
- The post must be complete and in the correct section.
- We have the right to delete any post without stating the reason.
- Copying any post from the site is prohibited.
- If the good or service requires a permit, the user must have the permit.
- The images in the post must be of the same item as advertised.
- Photos must be appropriate and of high quality and do not violate the regulations of the Ministry of Labor or Human Rights or any governmental or private agency.
- It is forbidden to add more than one post on the site for the same good or service.
Banned Ads:
The following list includes most of the cases of inhibiting users’ posts on the site:
- Adding pictures of an item other than the one shown.
- A post containing a reference to any form of racism.
- A post with false information, whether the error was intentional or unintentional.
- Defamation posts.
- A post with a title that is contrary to the content of the advertisement.
- Copying a post of another user or part of it.
- General advertisements that do not identify a good, service, or property.
- Donation announcements and requests for assistance .
- Announcements for contributions and subscriptions.
- Posts that contain abuse of authority.
- Advertising in the comments section.
- Content or material that is morally or religiously inappropriate in any way.
Prohibited Goods:
The items listed below are the items that are prohibited on the website. Kunuuz has the right to deal with the advertisement or the advertiser as it sees fit:
- Banking and/or installment products, even if considered legitimate.
- Any type of multi-level marketing.
- All weapons, including detonators, pistols, machine guns, personal protection weapons, and their accessories, even if licensed.
- Sexual products of all types.
- Stocks, currencies, and all that is related to them.
- Laser, spying, and eavesdropping devices.
- Goods that infringe intellectual property rights.
- Tobacco products and intoxicants of all kinds.
- Advertisement of products or services that require a license without obtaining a license from the competent authority.
- Prohibited devices of all kinds, including but not limited to: jamming devices, encryption devices, mobile signal boosters, and devices with security risks.
- Materials and services that do not comply with local law, Islamic law, rules, morals, etiquette, and traditions.
- Content or materials that may threaten national security.
- Services or materials that fall within the framework of gambling.
- Materials that are defective, false, damaged, or misleading, or that may cause damage when used normally by another user, with the knowledge of the seller.
- Coupons that are not transferable.
- Chemicals.
- Any items that have no license for sale.
- Any other items or services considered illegal in Saudi Arabia.
Prohibited Replies/Messages:
The following list states the prohibited messages/responses:
- Advertising in the comments section.
- Insults, whether with justification or without justification.
- Lack of seriousness and unwillingness to buy.
- Comments that do not pertain to advertising.
- Mocking the merchandise or the advertiser.
- Any other messages against the rules and regulation in Saudi Arabia.
Security Policies:
“Al Kunuuz Al Arabia LLC” is bound by the agreement and privacy of usage, but we are not a party regarding any dispute or issues that arise between users for violating one or more of the usage agreements.
However, we are concerned with the security of our platforms to limit and eliminate the infringements committed by some of the site’s users in violation of the agreement, policy, privacy, and terms of use to achieve the integrity of buying and selling, to fight fraud and deception, and to follow the laws and regulations of the country.
Therefore, “Kunuuz” has the right to take the necessary action against any individual, institution, or company that violates the usage agreement, knowing that the action may reach legal and judicial prosecution. Here, we mention the common violations and the necessary actions against them:
- The customer is exposed to fraud by another party: The customer should inform the relevant security authorities and communicate with us. Kunuuz does not bear any responsibility, but we will provide what we have to the competent authorities if this is requested in an official capacity.
- Infringement of the policy or sovereignty of the state: The advertisement will be deleted, the advertiser’s membership will be suspended, and the competent authorities will be informed.
- In the event of announcing any of the prohibited goods: The advertisement will be documented, archived, and deleted, the member will be suspended, and the competent authorities will be informed.
- If an individual, institution, or company uses illegal methods (such as hacking or using illegal data collection methods or any means) intending to access the content of the site, the site’s programming/codes, the site’s databases, or information and data belonging to the site’s customers to copy and re-publish advertisements or make use of it in any way: Kunuuz will head to the competent authorities to sue the other party on the grounds of electronic intrusion and violation of the information crime regulations.
- If an individual, institution, or company copies advertisements from Kunuuz to another site: Kunuuz will head to the competent authorities to file a lawsuit and prosecute the other party for claiming infringement of the rights of the institution.
- Infringement of the property, intellectual, or patent rights of a third party: If one of the user’s rights has been infringed, they must contact us regarding this infringement and provide evidence of this in the published advertisement. Kunuuz will review the complaint and take the necessary action according to the result, knowing that the user must head to the competent authorities if they wish to sue the party who has infringed their rights. Note that the Kunuuz will not be a party in the case and will not bear any responsibility.
- Defamation and breach of privacy: If the user has been subjected to defamation or breach of privacy, the site administration will review the complaint and investigate the case, and the necessary action will be taken if it is confirmed that they have violated the usage agreement. The customer\user who was harmed must head to the competent authorities to file a complaint. Kunuuz will not be a party in such cases, and we do not bear any responsibility, but we will provide the necessary data to the competent authorities if officially requested.
- Inconvenience: When a customer is disturbed by another customer, they must notify the site, and the complaint will be reviewed and appropriate action will be taken in this regard.
User Obligations:
1. The user is responsible for maintaining privacy, restricting access to and use of his account and password, and agreeing to be responsible for all activities that occur under their account and password.
2. They must notify us immediately in case of any unauthorized use of their password or account or any other breach of the site’s safe use standards.
3. They must provide complete, true, and current information about themselves and their use of the services as determined by Kunuuz.
4. It is prohibited to disclose to third parties (except as required or specified by us) user information provided.
5. The user must respond to requests from us for additional information regarding their eligibility and their use of our services.
6. When use or access the services, you agree that you will not:
- Post material for which they do not have the right to share the link or include it.
- Post counterfeit or plagiarized materials.
- Breach or circumvent the law, violate any of the rights of others, our regulations, or policies, or otherwise breach decisions about the status of their account.
- Use the Services if they no longer meet the eligibility criteria, are unable to enter into legally binding contracts, or their account has been suspended temporarily or indefinitely.
- Miss paying for products they have purchased, unless there is a legal reason to do so in any of our policies.
- Miss delivering to customers the products they have sold (if applicable), unless there is a legal reason to support their position and is stated in any of our policies.
- Use the contact information provided to them during the transaction through the Site to attempt to increase their sales outside the Site or through other sites.
- Manipulate the price of any product.
- Interfere with other users’ listings and advertisements.
- Take any action that would reduce the site’s evaluation and rating systems.
- Post false, inaccurate, misleading, deceptive, defamatory, or similar advertisements or content.
- Transfer their account to another party without our prior written consent.
- Post unsolicited messages or communications.
-Spread viruses that may harm our services or the interests or property of other users.
- Break the laws of copyright, trademark, patent, morals, advertising, database, and/or any other intellectual property rights (collectively, “Intellectual Property Rights”) that relate to or are licensed to us.
- Break any intellectual property rights relating to third parties.
- Collect users’ information without their consent.
- Circumvent any of the technical procedures we use to provide the Services.
Pricing for Kunuuz Services:
Kunuuz deserves its fees in return for completing the trade deal, according to the following table:
|
Kunuuz Selling Fees | |||
|
Category |
Insertion Fee |
Final Value |
Commission Fee |
|
Electronics, |
SR 0.00 |
Portion of sale up to SR 5000 |
12% |
|
|
Portion of sale above SR 5000 |
9.5% | |
|
Fashion, |
SR 0.00 |
Portion of sale up to SR 5000 |
12.5% |
|
|
Portion of sale above SR 5000 |
10.00% | |
|
Healthy and Beauty, including Health, Beauty, Hair Products, etc. |
SR 0.00 |
Portion of sale up to SR 5000 |
12% |
|
|
Portion of Sale above SR 5000 |
10% | |
|
Home and Garden, including Interior |
SR 0.00 |
Portion of sale up to SR 5000 |
11% |
|
|
Portion of sale above SR 5000 |
9% | |
|
Collectables, |
SR 0.00 |
Portion of sale up to SR 5000 |
13.5% |
|
|
Portion of sale above SR 5000 |
11.00% | |
|
Auto Spare Parts, |
SR 0.00 |
Portion of sale up to SR 5000 |
11.5% |
|
|
Portion of sale above SR 5000 |
9.5% | |
|
Sports and Equipment, |
SR 0.00 |
Portion of sale up to SR 5000 |
12.50% |
|
|
Portion of sale above SR 5000 |
10.50% | |
|
Vehicles |
SR 0.00 |
Free |
Free |
Shipping:
- The buyer bears the shipping cost according to Kunuuz’s regulations and the rules of the carrier.
- In the case of returning a product, the shipping cost shall be paid by the seller if the product does not comply with the ad’s specifications.
- In the case of returning a product for no reason, the shipping cost shall be paid by the buyer after getting the approval of the seller.
- Kunuuz is not responsible for any delay or omission caused by the shipping company. The aggrieved party has the right to claim the carrier, and the role of Kunuuz is only to help to communicate with the carrier.
- A shipping fee is charged to complete the sale or return the product, and in the event that it is not paid, the transaction cannot be completed.
Buyer and Seller Responsibility:
- The seller must disclose the product details in the ad, such as product defects, condition of the product, period of use, place of manufacture, sizes, and the price of the product.
- The seller must deliver the product to the Aramex branch or any other shipping company that is selected by Kunuuz within ...... days.
- The seller must provide the same product agreed with the buyer to the shipping company with proof of delivery; otherwise, they will be exposed to legal liability.
- The buyer must read and check all product details and ask the seller about essential details.
- The buyer must receive the shipment when it is ready to collect within the specified period; otherwise, they will be charged a return shipping fee.
- The buyer must verify that they have received the same agreed-upon product, and they must notify Kunuuz if there is any defect or reason to cancel the trade.
Liability:
Kunuuz will not be liable for (i) any breach of contract, (ii) any business loss (including lost profits revenue contracts expected savings data goodwill or wasted expenditure), or (iii) any indirect or consequential loss not caused by us.
We will not be liable for any delay or failure to perform our obligations under these conditions if the delay or failure is caused by any cause beyond us.
Applicable Law:
These conditions are governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia (KSA). In the event of any dispute arising out of or in any way related to these conditions claiming a discrepancy or dispute that may in any way be related to the user’s use of any of Kunuuz’s Services or any product or service sold or distributed by Kunuuz or through Kunuuz or the existence of a valid interpretation of default or termination of performance and/or any dispute relating to any non-contractual obligations (for the purpose of this part, Disputes), the courts of Saudi Arabia will have exclusive jurisdiction to resolve any such disputes, and each party will submit to the exclusive jurisdiction of the Saudi courts.
General:
- Kunuuz’s business model allows third-party sellers to list and sell their products on Kunuuz. Each case will be noted on the corresponding product detail page. While Kunuuz helps facilitate transactions on the Kunuuz marketplace, Kunuuz is neither the buyer nor the seller of the item. Kunuuz provides a venue for sellers and buyers to negotiate and close deals. Therefore, the contract formed when the sale of these third-party products is completed is only between the buyer and the seller. Kunuuz is not a party in this contract and is not responsible for any liability arising out of or in connection with it, nor is Kunuuz the seller’s agent. The seller is responsible for the sale of the product and is responsible for any buyer’s claim or any other issue arising out of or in connection with the contract between the buyer and the seller. Kunuuz aims at providing a safer buying experience to buyers; in addition to any contractual or other rights, Kunuuz offers the Kunuuz Marketplace Transaction Guarantee.
- Kunuuz is an electronic platform that mediates between the seller and the buyer and does not bear any responsibility that occurs after the completion of the trade, or receipt of the goods.
- The buyer bears the task of inspecting the goods and asking about their specifications and inspecting them after receiving them.
- After 24 hours from the time specified for the delivery of the product, Kunuuz shall not accept any request to revoke the trade.
- Kunuuz shall not accept any claims for compensation, or any civil, criminal, or commercial liability caused by the user.
- Kunuuz shall be entitled to its fees after 24 hours of selling the product or the buyer approves the trade.
- Kunuuz has the right to amend prices without notifying the user at any time.
- Kunuuz dos not sell products intended for purchase by children. Kunuuz sells children’s products for adults to buy. If the customer is under the age of 18, they may only use Kunuuz with the involvement of a parent or guardian.
- Kunuuz reserves the right to change the website policies and terms and conditions at any time. Unless there are any changes to these terms, the user will be bound by the terms and conditions policy and conditions of sale in effect at the time of ordering from us, and these conditions must be established by law or a government agency. If any of these conditions is deemed invalid or unenforceable for any reason, it will be deemed severable and will not affect the validity and enforceability of any remaining conditions.
- If the user breaches these conditions and Kunuuz takes no action, Kunuuz remains entitled to the rights and remedies in any other circumstance of the user breach of these conditions.
- In the event that the product sent from the seller does not match the ad or is defected due to the seller’s fault, the buyer has the right to return the product to the seller with full refund, after submitting a complaint to Kunuuz to investigate, and the seller will bear any shipping and administrative fees.
- In the event of returning a product, the seller has to respond and receive the product within 00 days, or they will have given Kunuuz or the carrier the permission to waive the product and have the right to dispose the product as fit, and the seller is not entitled to claim the product or any kind of compensation.
- In the event that the buyer wishes to return a product for no reason, they must obtain the seller’s approval first, after paying the shipping and administrative fees of Kunuuz.
- Kunuuz shall not be liable for any fees taking place during transactions, or refunds such as payment gateway fees for certain transactions, bank transfer or reversed transaction fees, governmental or tax fees, carrier fees or excess delivery fees, or any other fees.
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