Terms & Conditions
The website – www.arcomksa.com (hereinafter referred to as “website”) is managed and operated by Arabian Construction Materials Co. (ARCOM). A company incorporated under the laws of the Kingdom of Saudi Arabia with our registered office in Riyadh, Saudi Arabia (“ARCOM”, “Company” “We”, “Us”).
Your use of this website and services are governed by the following terms and conditions including the applicable policies which are incorporated herein by way of reference.
ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. As long as you comply with these Terms and conditions (including but not limited to Privacy Policy, Shipping & Return Policy), we grant you a personal, non-exclusive, non-transferable, limited privilege to use the website.
Minors under the age of 18 are strictly prohibited to register as a user of this website and are not allowed to transact or use the website unless under the guidance of an adult/guardian.
In addition, these terms may be further supplemented by product/service/feature specific conditions, which may be displayed with the item. Any such terms are to be considered as additions to these, and in the event of any conflict, those special terms shall prevail over these Terms of Use.
Product Accuracy
The images of the items on the website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your display accurately reflects the color of the items. Your items may vary slightly from those images. All sizes and measurements of items are approximate; however, we do make every effort to ensure they are accurate as possible. We take all reasonable care to ensure that all details, descriptions, and prices of items are as accurate as possible.
Product Pricing
We make sure that all the pricing details appearing on the website are accurate. However, errors may occur, and in such cases, we will contact you once we identify the error. In case you want to cancel the order before it is dispatched for delivery, we would be willing to help you and refund the amount (if it had already been paid). If we are unable to contact you after multiple attempts, we will cancel that order. Also, prices for items may change from time to time without any prior notice. However, it would not affect the orders that have already been dispatched for delivery.
Payment
Payment can be made by cash or debit/credit card on delivery.
If paid by debit/credit card on delivery, the cardholder must retain a copy of the transaction records for reference.
While availing any of the payment method/s available on the website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
Lack of authorization for any transaction/s, or
Exceeding the pre-set limit mutually agreed by You and between “Bank/s”, or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s
Delivery
All our deliveries are serviced through well-reputed couriers. For further details please review our Shipping and Return Policy.
Returns and Replacement
Please review our Shipping and Return Policy so that you may understand our practices.
Privacy
Please review our Privacy Policy so that you may understand our practices.
Use of Content
The content contained on this website, such as text, graphics, images, audio, video, and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the “Content”), is protected by copyright, trademark and other such laws, and is owned or controlled by ARCOM or by third parties that have licensed their Content to ARCOM. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where an ARCOM Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, non-commercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of ARCOM, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.
You may not, without the prior written permission of ARCOM, “mirror” on any other server any material contained on the website. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited, without the express written permission of ARCOM. The trademarks, logos and service marks (the “Marks”) displayed on the website are owned by ARCOM or third parties. You are prohibited from use of those Marks without the express, written permission of ARCOM or such third party.
In the event that we offer downloads of software on the website, and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) is licensed to you by us or third-party licensors for your personal, non-commercial home use only. We do not transfer the title of the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, ARCOM HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.
ARCOM SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, ARCOM’S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
Accounts
Some services on this website, permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by our registration processes (the “Registration Data”). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image, or photograph. You also agree to notify us promptly at [email protected] of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this website.
ARCOM’s Liability
ARCOM makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the website and the Content. Any use of the website and the Content is at your own risk. Changes are periodically made to the website and may be made at any time. Some Content on any of the ARCOM international sites may be provided by third parties and ARCOM will not be held responsible for any such Content provided by third parties.
Any product you buy from the website is completely at your discretion and you accept that you place the order only after thoroughly inquiring about the product and being completely acquainted with the product, its features, characteristics, usage etc. We shall not be liable for any kind of damage or loss whatsoever suffered by the customers due to the use/misuse of the product.
Furthermore, we take no responsibility for any loss or damage suffered as a result of our order online service or goods supplied.
ARCOM DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THIS WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, ARCOM WILL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ARCOM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
Third Party Websites
We are not responsible for the content of any off-website pages, or any other websites linked to or from the website. Links appearing on this website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. You’re linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
Disclaimer of Certain Damages
Your use of the website is at your own risk. If you are dissatisfied with any of the Content of the website or with these Terms, your sole remedy is to discontinue use of the website. IN NO EVENT WILL ARCOM OR ANY THIRD PARTIES MENTIONED AT THE ARCOM SITES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARCOM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Site Security
Violations of system or network security may result in civil or criminal liability. You are prohibited from violating or attempting to violate the security of this website, including, without limitation:
Accessing data not intended for you or logging onto a server or an account which you are not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any other user, host or network, including, without limitation via means of submitting a virus to the site, overloading, flooding, spamming, mail-bombing or crashing.
Sending unsolicited email, including promotions and or advertising of products or services.
Forging any TCP / IP packet header or any part of the header information in any email or newsgroup posting.
Fraudulent Transactions
Spoof (Fake) email – We will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the issue to us through the ‘Contact Us’ tab and email [email protected]
We reserve the right to recover the cost of goods, collection charges, damages caused to us and legal expenses from persons using the site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the website and any other unlawful acts or acts or omissions in breach of these terms and conditions.
Reviews, Feedback, Submissions
All reviews, comments, feedback, suggestions, and other submissions disclosed, submitted, or offered in connection with your use of this website will be and remains the property of ARCOM. Thus, ARCOM owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise of any comments. ARCOM will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display, and distribute any comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
You agree and confirm that any comments submitted by you to the website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) and will not cause injury to any person or entity. You further agree that no comments submitted by you to the website will be or contains libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of spam.
Indemnification
You shall indemnify, and hold harmless ARCOM, its owners, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Violation & Termination
We may suspend or terminate your use of the website or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until ARCOM chooses to terminate them. If ARCOM terminates your use of this website, you shall still be liable to pay for any products/ services that you have already ordered till the time of such termination.
Export Control
These Terms are subject to applicable export control laws. You may not export any product purchased from the website to another country or region if prohibited by export control laws. If you do plan to export a product to another country or region, you must obtain any legally required export licenses (or other government approvals) prior to doing so.
Law and Jurisdiction
These terms shall be governed by and constructed in accordance with the laws of the Kingdom of Saudi Arabia without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Riyadh, Saudi Arabia.
Force Majeure
We are not liable for any delay in the performance or non-performance of any of our obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, pandemic, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments of any kind, import or export regulations, exchange control regulations or accident or non-availability/ delay in transport.
Modification
We reserve the right at any time to modify these Terms of Use without any prior notification to customers. Please check our Terms of Use periodically for changes. If we modify, we will update the date on which the new Terms of Use will be effective, and we will alert you of any significant changes by placing a notice on our website.
Queries
If you have a query, issue, concern, or complaint in relation to the Terms of Use or any other policies mentioned on this website, please contact us using the information provided in the “Contact Us” tab and email us on [email protected].