(1) Preamble & General Provisions
Welcome to Fakeeh Vision Website;
Dear Customer, we inform you that your use of our website explicitly and clearly express that you have read and understood terms and conditions of this Agreement and the way to use the website and also, your use of our website is considered an explicit acceptance, approval of and responding to the terms and conditions of this agreement along with your full and legal capacity to use it and is considered an express acknowledgment to commit and subject to the entire terms and conditions of the Fakeeh Vision LLC website, noting that in the case that you selected the acceptance condition, the terms and conditions of this agreement shall be legally and fully effective towards the user.
The words and expressions contained in this agreement shall have the meanings corresponding to each of them as follows:
"Fakeeh Vision Website" or "Website": It means this website owned and operated by Fakeeh Vision LLC - a limited liability company registered in the Kingdom of Saudi Arabia. The pages, links, tools and features branched from and related to the website services are an integral part of the Fakeeh Vision website and are subject to the Saudi Laws.
"Customer", "Buyer" or "User": It means any natural person who uses or orders the product or service through the “Website”.
"Agreement": It means the terms and conditions for use of the Fakeeh Vision website, which include the terms and conditions set forth for the customer and govern and regulate and regulate the customer's use of Fakeeh Vision website.
"Laws" or "Regulations": It means the set of laws and regulations applied in KSA, including any subsequent amendments thereto.
- The website membership is authorized only to those over 18 years old, where the website has the right to cancel the account of any member who has not reached the age of 18 without prior notice, provided that such person shall settle his financial accounts upon closure of the account.
- No person whose membership is canceled by the Fakeeh Vision website for any reason may use the website.
- Each person who uses the website shall adhere to (all applicable laws and regulations on e-commerce via the Internet) as stated in this Agreement.
- No customer is entitled to use one email and/ or one mobile number to open more than one account for any reason.
- The website has the right to freeze and/ or cancel the violating accounts or cancel any purchase or sale orders or any transactions made by the customer who shall settle all transactions related to his account before closing, freezing and/ or canceling it. If so, the customer acknowledges and agrees that such act does not impose any liability on side of the website.
(3) Your account & Registration obligations
- Your particular responsibility for maintaining confidentiality of the information related to your account, your password and specifying the persons allowed to access and use your account on the website.
- In the case of any illegal use or any breach of his account, the customer shall immediately inform Fakeeh Vision website.
- If the customer failed to immediately inform Fakeeh Vision website of any illegal use and/ or breach of his account, Fakeeh Vision website shall not be responsible for any consequences and shall be entitled to claim compensation for damages that may be caused due to the customer's or user's failure to inform the website of the breach or illegal use (the compensation includes all expenses that may be incurred by the website due to failure of the customer or user).
- In all cases, the Fakeeh Vision website shall not responsible for any direct, indirect, moral or financial loss that may occur to the customer due to disclosure of the user name or the password information.
- It is known to the customer that he is the responsible for maintaining serious and credible use of the website and he shall compensate Fakeeh Vision website for any losses and damages that may be caused to the website due to any illegal, unreal or unauthorized use of your account by you or by any other person who obtained the username and password to access your account on the website, whether to perform services or etc., using your username and password, with or without your authorization.
- The customer acknowledges that all the information disclosed by him is true, correct, up-to-date and complete and is compatible to the requirements in the registration form on the website.
- The website shall deal with your personal information and contact addresses with complete confidentiality. However, some of your information may be provided to our partners, branches or affiliated companies to implement your orders, to the extent needed, upon your completion of any commercial transaction.
- The customer and the user shall maintain and immediately update the registration data to keep it true, correct, current and complete; if the customer or user discloses untrue, incorrect, noncurrent, incomplete data or discloses data not in compliance with the user agreement, the website shall fully has the right to cease, limit and/ or cancel your membership and account on the website without prejudice to other rights and legal means of Fakeeh Vision website to recover its rights and to receive compensation for any damages caused to it.
- Fakeeh Vision website has the absolute discretion, at any time, to conduct any investigations (directly or through a third party) it deems necessary and to ask you to disclose additional information or documents of any volume to prove your identity and/ or ownership of your financial tools, where this Clause shall not relieve the customer or user from his full legal responsibility for any defect that may subsequently appear in the information.
- The customer acknowledges that he agrees to immediately provide the website with any information and/ or documents at request of the website.
- If the customer or user does not comply with the foregoing, the website administration shall be entitled to suspend or cancel your membership and block you from the website and shall be entitled to cancel any unconfirmed and unverified accounts and any transactions or accounts inactivated for a long time, without prejudice to our right to compensation (the compensation includes all expenses incurred by the website due to user's or customer's breach).
(4) Electronic communication
- The customer acknowledges and agrees to be contacted via e-mail or through broadcasting promotional advertisements on the website and acknowledges and agrees on the fact that all other agreements, notices, statements and communications electronically provided to the customer or user act as their written counterparts in terms of meeting the legal requirements.
- During the period of your membership, Fakeeh Vision website will send promotional emails to inform you of any new changes, procedures or propaganda activities added to the website, if any. In your capacity as a user, you have the right to confirm that you do not want to receive promotional emails and can cancel your receipt of such emails by clicking on the option "A request for not receiving promotional emails" at the bottom of the promotional and advertising emails; if you do not cancel activation of this option, you are implicitly considered to not object to receive these emails.
(5) Amendments to this user agreement & Mechanism of website:
- The customer or user acknowledges his consent and knowledge of the fact that Fakeeh Vision website will notify him of any amendment to the user agreement and according to these amendments, the customer's or user's obligations may be doubled according to any amendments to the use agreement, where these amendments shall be effective towards him as of the date of informing him of such amendments.
- The customer or user acknowledges his consent and knowledge of the fact that Fakeeh Vision website has the right, under its absolute discretion and without assuming legal liability, to make any basic amendment or sub-amendments of immediate effect to this agreement at any time without requiring additional approval of the customer or user, where the customer or user will be informed of these amendments by broadcasting an advertisement on the website.
- Membership of the customers or users on the website is free.
- All prices offered on the website include VAT and are calculated in the local currency (Saudi Riyal).
- If the customer or user does pay for his transactions made on the website or refuses to receive the goods without a reason, Fakeeh Vision website shall reserve the following right without any legal liability:
- Issue and serve an official written notice upon the customer for incompletion of the purchase transaction after confirming it.
- If the financial dues are not paid within a maximum period of 7 days after Fakeeh Vision website issues the notice, the website shall have the right to suspend or cease the customer's or user's account on a temporarily or permanently basis.
- Fakeeh Vision website reserves the right to take all appropriate legal measures if the confirmed purchase transactions are not completed for legal justification.
- The customer or user acknowledges that the website has the right to duly retain value of the unpaid amount from his account in the electronic wallet "My Wallet" without obtaining prior approval of the customer, but the customer is notified via email (indicated in his account) after completing the withdrawal transaction.
- The customer or user acknowledges that the Fakeeh Vision website reserves the right to take any necessary procedures or measures, including all the necessary means, but not limited to the legal lawsuits, to collect the accrued amounts and appropriate expenses.
(6) Use of Fakeeh Vision Website System for safe payment
(7) Your personal information & Transaction detail information
The customer acknowledges and agrees to give Fakeeh Vision website unlimited, universal, permanent, irrevocable, free of charge and authorized right to use personal information or materials or other information provided to the website and/ or declared on the website through the customer registration process, the purchase process, the forms designated for communication and registration, any email or any of the communication channels available on the website and this is to operate and promote the website in accordance with the usage agreement and information confidentiality agreement.
(8) Actions prohibited to be made by the customers or website users
- Distribution of any malware such as viruses, Trojans malware, time bombs malware or any similar software or technologies that may harm the website or interests and properties of the website users, where whoever is proven to have made such act shall pay all financial and moral compensations.
- Making any action that may charge us (in our point of view) with huge unjustified burdens on our infrastructure and operation policy.
- Interfering or attempting to interfere to influence the workflow on the website.
- Attempting to illegally take possession of another user account or perform any fraudulent act on the website or the user accounts and other domains of their own.
- Exporting or re-exporting any tools related to the website, except as stipulated in the laws regulating the export in any of the Saudi applicable legislations on such affairs.
- Reproduction, modification or distribution of any content on the website or violation of copyright or trademark rights in any way.
- Violation of any laws, provisions, regulations, guidelines, third party rights or contracts of Fakeeh Vision Optics website.
- Causing damages to Fakeeh Vision website through use of shipping services provided by the Fakeeh Vision website and/ or the website, "My Wallet" service, other features or contracts or terms and conditions of Fakeeh Vision website, which are displayed on the website from time to time.
- It is forbidden to display link addresses of other websites on the website and whoever display the address shall be responsible for compensation for any damages that may occur due to acts such as: malicious viruses or malware, whether occurred to Fakeeh Vision website or any of its users.
(9) Additional customer or user obligations
In addition to the foregoing terms and conditions in this policy and the acts authorized on the website, the customer or user undertakes, declares and ensures the following:
- You are 18 years old or over that age while or before registering on that website.
- You will not gather information about the other users, including their email addresses and other means of communication.
- You will not disclose, publish or use any personal information about the users in a way (in our point of view) that may violate their privacy, and applicable laws if obtained by any means.
- You shall report any problems of any kind regarding a violation of this user agreement on the website.
All content included on the website, including but not limited to: the texts, graphic designs, logos, button icons, symbols, audio clips, digital uploads, gathered data and electronic software, are property and rights of either Fakeeh Vision website or its users and the authorized persons and are protected within the copyrights, trademarks and intellectual and creative property rights and laws.
The contents gathered on the website are exclusive property and their rights are reserved for Fakeeh Vision website and they are protected within the copyrights, trademarks and intellectual and creative property rights and laws.
Fakeeh Vision website, the owned logos, and other words and logos on the website, including the "Fakeeh Vision" logo are either registered or unregistered trademarks of Fakeeh Vision website and are protected under the Saudi Trademarks Law.
(12) Buyer Protection and Return Policy
The website has a special program called "Buyer Protection Program" designed to help the buyers to ensure protection of their purchases on the website; if the buyer purchased a commodity and did not receive his commodity or received a different or defective good or received a commodity not properly working, the buyer can request the protection according to the Buyer Protection Program and the goods return policy on the website, so that he can return such commodity for free and obtain all the paid amounts, within the terms and conditions specified by Fakeeh Vision website.
In this case, you shall only contact us within three (3) days after the date of your receipt of the commodity which you want to return and ensure that the commodity is in its original packaging in the same condition of receipt without being used or worn by you.
If it is proven and confirmed that the commodity which you want to return is damaged, does not work properly or does not match the description on the website, you will get all your payments for the commodity price together with the shipping cost which you paid while buying such commodity.
Shipping charges related to the goods return applications:
If the goods return is due to a defect or a problem in the sent product.
- If the buyer objects within three (3) days after receipt of the application (the protection period provided by the Fakeeh Vision website), the Fakeeh Vision website shall pay the shipping charges paid to ship the commodity to the buyer and the shipping charges for returning the commodity.
- If the buyer objects three (3) days after receipt of the application (only if it is agreed to return the product by the website), the buyer shall pay the shipping charges paid to ship the commodity to him and the website shall pay the shipping charges for returning the commodity.
If the commodity return is due to a fault by the buyer and the product is still in its original condition without being opened:
- If the buyer objects within three (3) days after receipt of the application (the protection period provided by Fakeeh Vision website), the Fakeeh Vision website shall pay the shipping charges paid to ship the commodity to the buyer and the shipping charges for returning the commodity.
- If the buyer objects three (3) days after receipt of the application (only if it is agreed to return the product by the website), the buyer shall pay the shipping charges paid to ship the commodity to him and pay the shipping charges for returning the commodity.
(13) Warranty policy
All goods sold from and shipped by Fakeeh Vision website (fakeehvision.com) have a two-year warranty by Fakeeh Vision website unless otherwise specified on the goods page.
Pursuant to this warranty, the Fakeeh Vision website fully guarantees replacement or repair of the defective goods within a period of fourteen (14) working days commencing as of receipt of the defective commodity in our warehouse. If we could not replace or repair it during that period, we shall return you all the amounts which you have paid.
You shall always take care to maintain the original packaging of the commodity to benefit from this warranty.
(14) Approval and cancellation of the orders
The website reserves the right to reject or cancel any order without giving reasons; we may ask the buyer to provide additional information or supporting statements, including but not limited to: phone number, address details, additional and detailed information on the method of payment and related documents; in addition, the website has the right to cancel the purchase order if the buyer does not answer the phone calls to confirm his request by the website administration or shipping partners, where the buyer is neither entitled to request the website to confirm the purchaser order after being cancelled nor request to resend it after being returned by the shipping company.
All paid orders (under the service of Payment upon Receipt) shall be binding on the website only if they are confirmed by the website. The website reserves the right to cancel any unconfirmed orders if a period of 14 days or more passed after date of the purchase order without being confirmed.
(15) Responsibility of Fakeeh Vision website
- Fakeeh Vision website is not ultimately responsible for the safety level of any electronic links outside our website, even if the link address is displayed on the website pages by a third party; the website does not guarantee that it is free of viruses or any destructive means. The customer acknowledges and agrees that Fakeeh Vision website is not ultimately responsible for the content or existence of such links on the website.
- Fakeeh Vision website excludes, from its warranty, terms and conditions, any financial losses, defamation, and any special damages arising from the customer's misuse or inability to use the website, where the website shall not assume any responsibilities or claims in such cases.
- The customer acknowledges and agrees to hold harmless Fakeeh Vision website and any of its officials and representatives against any claim, dispute, costs, damages, liability and any direct loss caused to any party due to an act made by the website users and also, the customer ultimately and irrevocably acknowledges to waive any claim in this regard according to the applicable laws.
- The website takes physical, organizational and technological standards for protection against unauthorized access to and preservation of your personal ID information, noting that the internet is not a secure method and the confidentiality of your personal information cannot be 100% protected.
- Fakeeh Vision website has no control over the acts of any third party, such as other internet pages linked to this website, or acts of third parties claiming to own or represent others.
- You know and agree that Fakeeh Vision website may use your information which you submitted to provide the services to you at Fakeeh Vision website and to send marketing emails to you and also, you agree that the confidentiality contract on this website controls the gathering, handling, use and transfer of your personal ID information.
(17) Cancellation of access and/ or membership
Without prejudice to its other rights and legal means to recover its rights, Fakeeh Vision website can cease or cancel your membership and/ or access to the website for any reason, at any time, without a notice and without limitation and also, it can cancel this user agreement.
(18) Identifying the responsibilities
As legally permitted, the website, Fakeeh Vision website and their employees, managers, agents, their affiliates and suppliers thereof shall not be responsible for any direct loss or malfunctions arising from your use of the website. If you are not satisfied with the website or any of its contents or materials, you can discontinue using it. Moreover, you agree that any unauthorized use of the website and its services, due to your negligence, would cause damages to the Fakeeh Vision website and therefore, the website shall have to resort to terms and conditions of the user agreement in this case.
You agree to provide security for and protect Fakeeh Vision website and its managers, employees, agents and suppliers against any damage that might be caused to them as a result of claims, losses, faults, costs and expenses occurring due to your violation of the user agreement law or amendments or infringement of third parties' rights.
(20) Relationship and notices
None of terms of the user agreement refers or stipulates a partnership between you and Fakeeh Vision website, where you have no authority to bind the website in any case; if you want to serve notices to the website, you shall send them via e-mail, provided that the website shall respond to your e-mail. You know and agree that any notices addressed to you by the website shall be announced on the website or via the e-mail which provided to us during the registration process and you are supposed to have received such notice 72 hours after sending it. We can send you a notice by regular mail at the address you have provided us and you are supposed to have received it 7 days after sending it.
(21) Transfer of the rights and obligations
The user acknowledges and agrees to give Fakeeh Vision website the right to transfer part or all of its rights, benefits, liabilities and responsibilities to other parties working with it, without the need to liaise with you, according to provisions of the user agreement, where the website shall notify you of such transfers, if any, and shall announce such transfers on the website. However, you may transfer your benefits, rights and liabilities to a third party only after obtaining a prior written permission from the website in accordance with terms and conditions of the user agreement.
(22) General information
If any paragraph contained in this user agreement is invalid or revoked or is no longer effective for any reason, such paragraph shall not revoke validity of the other paragraphs of the agreement. This agreement (which is amended from time to time according to its clauses) includes all guidelines understanding and agreement between you and the website, taking into account the following:
- Non-party to this user agreement has the right to impose any terms or conditions therein.
- If the user agreement is translated to any language other than Arabic, whether on the website or in other ways, the Arabic text shall prevail.
(23) Governing Law and Legislation
This agreement is subject to the laws and regulations applied in the Saudi courts. If there is a dispute relating to the customer, user or seller, the dispute shall be amicably resolved by the ways set forth in this agreement and if such dispute is not resolved within thirty (30) days after occurrence of the dispute, the customer or user shall have the right to appeal to the competent courts in Jeddah, KSA.
According to the above-mentioned clause, the Saudi applicable laws and regulations shall apply if this agreement is canceled for any reason or has expired.
(24) Warranty terms and conditions
- The warranty shall be valid only if the commodity serial number exists, where Fakeeh Vision website has the right to cancel the warranty if it is evident that the buyer has modified or removed the serial number of the commodity after purchasing it.
- When the warranty is valid, duties and obligations of Fakeeh Vision website are limited to repairing or replacing the damaged part of the commodity and compensating the buyer, partially or in a whole, for total amount paid by the buyer for the commodity, where such compensation shall be pursuant to the commodity price in the local market.
- The maintenance covered by the warranty shall be made inside the maintenance center approved by Fakeeh Vision website. Attempting to maintain the commodity outside this center leads to full cancellation of the warranty and in the website shall not be responsible in any way for compensating the buyer for the commodity damaged due such maintenance outside the approved maintenance center and shall not be responsible in any way for any lawsuits or damages that may arise from maintenance outside the maintenance centers approved by the website. In addition, the warranty shall be null and void in the case of attempting to maintain the commodity outside the approved center, and the website shall not be responsible for any damages, compensations or proceedings resulting from maintenance of the commodity outside the approved maintenance center.
- Maintenance or even replacement of the goods in accordance with the warranty terms and conditions shall not lead to renewal of the warranty period and in addition, maintenance or replacement thereof in any form is not a renewal of the warranty period given to the buyer for the commodity.
(25) The following is excluded from the warranty:
- General maintenance, repair and replacement of faulty commodity parts due to normal use of the commodity, as well as the parts that are exposed to breakage or damage thereof due to misuse.
- All malfunctions that result from various incidents such as thunder and lightning, acts of God, floods and civil disturbances/ unrest or other reasons falling beyond control of Fakeeh Vision website and cannot be controlled.
- This warranty is not transferable from a person to another one and it shall be the single means under which the buyer can benefit from the services of website or its approved maintenance centers listed in the warranty document which shall apply in the case of any express or implicit breach of any term of this guarantee.
Force Majeure: In the case of occurrence of force majeure, including but not limited to (wars, diseases, epidemics, floods, etc.) and such force majeure continue for a period of more than 90 days, the website shall have the right to cease, freeze or cancel any or all of the transactions, without prejudice to right of the user or customer to settle his financial liabilities for the transactions made before cessation, freezing or cancellation.