GAP KSA WEBSITE TERMS AND CONDITIONS

Welcome to www.gap.sa! We have worked hard to bring the best shopping experience to you and we hope that you will enjoy all that this website has to offer.

www.gap.sa (the “Website”) is owned and operated by Nibras Al Arabia LLC and/or its affiliates and subsidiaries (together “we”, “us” or “Gap”) as the franchisee of GPS Strategic Alliances LLC, in the Kingdom of Saudi Arabia. Nibras Al Arabia LLC is a limited liability company incorporated under the laws of the Kingdom of Saudi Arabia, with commercial license number 4030181765 and its registered office at Ishbeelya Al Mutamayiz Centre, King Abdullah Road, Jeddah, Kingdom of Saudi Arabia and is part of the Al Tayer Group of companies.

website terms

Please read these Terms and any other terms of use posted on the Website as together they form our Website Terms governing your utilization of our Website and Website services (including the Website Call Centre and Mobile application). We may change these Website Terms from time to time without notice to you by posting the updated Website Terms on the Website, so please be sure to check regularly for updates. When you place an Order through our Website or the Website Call Centre, you are deemed to have consented to the latest version of the Website Terms then posted on our Website. If a change in law means that we have to change our Website Terms after you have placed an Order but before it has been fulfilled, we are obliged to apply that change to your Order. In all other cases, the version posted at the time your Order was placed will apply. If you do not agree to be bound by the Website Terms, you should not use the Website.

Eligibility

We aim to make the Website and its associated services available to as many of you as possible. However, we do require that you are at least 18 years of age, able to lawfully: (i) make payment through one of our accepted tender types; (ii) agree to these Terms; and (ii) enter into binding Orders with us. In addition, we can currently only deliver Orders processed through this Website to the Kingdom of Saudi Arabia. Please refer to the Delivery section below. The Website is for your personal or gift use only and commercial usage is not permitted. We reserve the right to decline Orders where we suspect commercial usage.

Registration

In order to take advantage of the features and services of this Website, you can either utilize the Website (or the Website Call Centre) on a “guest check-out” basis or create an Account and register your details with us. If you are an Amber or Facebook member, you may also login using your Amber and/or Facebook membership details. It is your ongoing responsibility to make sure that any personal and payment details you provide to us are valid, accurate and complete. You can update your details by contacting us here, contacting our Website Call Centre on +966115103212 or updating them in your Website profile. Please keep your account details and password confidential and secure. Our customer service agents will never ask you for your password. We are committed to complying with our Privacy Policy but are not responsible for any loss suffered through misuse of those details. Please notify us as soon as possible if you believe your account has been compromised. By registering or placing an Order on the Website or through the Website Call Centre you warrant that you meet the Eligibility criteria described above and that the information you provide is yours and is accurate in all respects. Commercial entities are not eligible to register with us.

Privacy & Cookie Policy

Please refer to our Privacy & Cookie Policy for details on how we deal with your data.

Gap COVID-19 Measures

Our focus remains on supporting the health and livelihood of our employees, while caring for our customers and communities whilst curbing the spread of the coronavirus.

Returns: Due to continued concerns about the coronavirus, we have extended our return window to 30 days from purchase.

Safety: We’re increasing the frequency of regularly scheduled cleanings and sanitization efforts in Distribution Centers. Every online order is cleaned upon arrival until it reaches you, and products are handled only with protective gloves. All our delivery vans are fully cleaned inside and out in an intensive daily process that ensures the utmost hygiene. Drivers are equipped with disinfectants and face masks, and wear protective masks when handling any order.

Orders

When you place an Order with us, then subject to your rights to cancel or return the items, you commit to buy the items described in that Order, at the price indicated including any delivery fees, cash handling fees, taxes and duties where applicable.

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. Items in your Website basket are not reserved until your Order is paid for.

The Website (or our Website Call Centre) may contain or provide information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be available immediately upon Order placement. Unfortunately, we cannot guarantee that an item stated to be available will actually be available right away, as inventory can change significantly throughout the day. In rare cases, a product may be available when you place an Order but sold out by the time we process the Order. Should this happen, we will notify you.

Receipt of your Order will be acknowledged by email. However the Order is only confirmed when you receive a notification from us confirming dispatch of the relevant item(s). No party other than us has the authority to confirm acceptance of the Order. The Order once confirmed is deemed concluded in the Kingdom of Saudi Arabia.

Payment

We currently accept the following tender types for Orders placed on our Website/through our Website Call Centre: VISA, MASTERCARD, Apple Pay and online credit . Cash on delivery is permitted for orders of up to 10,000 SAR. An additional handling fee of 25 SAR is payable for all cash payments to cover the cost to us of providing this service. This will be payable on delivery of your order and will be added to your order total. PayPal is also accepted for Orders placed via the Website. Amber Reward Programme points may also be earned and redeemed on Website purchases (excluding any delivery costs, cash handling fees or duties) subject to the Terms and Conditions of the Amber Programme available. Payment will be taken at the time you place your Order. By entering payment details onto our Website, you warrant that you are duly authorized to pay using those details. We reserve the right to decline orders without liability to you where we believe payments are not authorized, the payment method is not valid or where we do not think you are authorized to use to utilize the relevant tender type. Gap store vouchers are currently not an accepted tender type for Orders placed through this Website.

Where you purchase using a payment method/partner in a different currency to SAR, the payment will be subject to the currency exchange rate and/or payment fees applied by your card issuer at the time your payment is completed.

Prices

Prices on the Website are displayed in SAR, and exclude any services you may elect to pair the purchase with such as giftwrapping, delivery costs, cash handling fees, taxes or duties to which the purchase may be subject. Any such additional costs will be displayed before your final check out.

The destination you ask us to deliver to, the items & services you select and the method of delivery you choose will dictate what delivery charges, taxes and duties apply (if any). Please refer to our Delivery section for further details on delivery options.

Although we make every effort to ensure prices displayed on our Website and in our communications are correct, errors may occur. If an error occurs and your Order:

1. has already been processed, then we may at our discretion:
   1. cancel the Order (or part thereof), arrange for collection of the mis-priced item(s) from your original Order delivery address in KSA and issue you a full refund including original Order delivery fees, taxes, cash handling fees and duties (if applicable);
   2. where the price you paid is lower than the actual price of the item, honour the price in your Order; or
   3. where the price you paid is higher than the actual price of the item, refund you the difference;
2. has not yet been processed, then we will notify you as soon as possible and only process the Order (or part thereof) once you have confirmed you are happy to buy at the correct price or otherwise cancel the Order (or part thereof) and refund your payment in full.

Promotional Codes and discount schemes

Promotional codes are valid only in accordance with their terms, until the date stated, can be used only once, are not redeemable for cash and cannot be used in conjunction with any other offer, sale or promotion. They are personal to you and cannot be transferred to third parties.

Promotional Offers:

From time to time, we may make available promotional offers on the Website and in such cases specific terms and conditions will apply. Such offers may be time-limited and orders may not qualify if they have not been fully processed by you within the stated time period.

Offers may not be combined with other promotions, offers and voucher codes unless otherwise specifically stated. We reserve the right to amend or terminate a promotion at any time without notice.

Delivery & Collection Options

We currently only deliver Orders placed via the Website/Website Call Centre to addresses within KSA. A variety of Order delivery/collection methods are available as set out below. However, we constantly strive to improve customer experience and may introduce additional delivery or collection methods across our shopping channels. Please check back frequently to see if more options have become available.

1. Delivery The following options are available for delivery to your requested address in the Kingdom of Saudi Arabia:

   Location	Delivery Timescales**	Cut-Off Time	Cost***
   KSA Addresses : Riyadh	2-5 days	11.59pm	FREE for orders over 300 SAR 19 SAR for orders under 300 SAR
   KSA Addresses : Jeddah, Dammam, Dhahran, Mecca, Al Khobar and Al Qatif	1-3 Days*	11.59pm	FREE for orders over 300 SAR 19 SAR for orders under 300 SAR
   Rest of KSA Addresses	2-4 Days*	11.59pm	FREE for orders over 300 SAR 19 SAR for orders under 300 SAR

   * Orders placed after the cut-off time and/or on any KSA public holiday will be deemed placed on the first day following the date on which the Order was submitted.

   ** Delivery timelines are estimates, see further details below.

   *** We reserve the right to impose redelivery charges where your Order is not accepted at the address supplied to us on the confirmed date of delivery. Please note that orders will be applicable for Cash on Delivery but will have an additional fee of 25 SAR.

2. General Conditions: Delivery: Although we are strongly committed to delivering in the timelines estimated in our Order confirmation or displayed on our Website or above, delivery timelines are estimates only. Time shall not be considered of the essence. Timelines start from Order confirmation. However, if we have not delivered your Order within 30 days of Order confirmation, we will provide you with a full refund. We are not responsible for failures to deliver for reasons outside our reasonable control, including where you are not available to take delivery of your Order or request postponement.

   Orders are delivered daily excluding KSA public holidays. It is your duty to ensure appropriate access for deliveries, including in particular but without limitation on Fridays.

Free Delivery on Orders over 300 SAR

Free delivery applies within KSA when you spend over 300 SAR or more online in a single order delivered to a single address. The basket value retained to determine the delivery fee is calculated inclusive of any other.

Returns and Exchanges

Ordinary Returns

Subject to meeting the conditions set out in this Returns and Exchanges section, we offer a “no questions asked” returns policy which allows you to return delivered items to us for any reason up to 60 days from delivery of your Order. We will issue a refund of the full face value of undamaged items duly returned (excluding, where applicable, the original delivery charges, cash handling fees): (i) to your original tender type if you paid by payment card or PayPal; or (ii) by issuing you with an online credit for the Website for Orders paid for via our cash on delivery service. Please note that for systems reasons, in order to receive an online credit, guest check out customers will need to create a Website Account and register their details with us.

Damaged Goods/Incorrectly fulfilled Orders

If an item in your Order is received damaged by you or is not what you ordered, then please arrange for return of the item to us using the Returns Process. The item must be returned in the same condition you received it in within 60 days of receipt for a full refund including, where applicable, original Order delivery charges, cash handling fees, taxes, and any duties. Replacement or repair may be available. Defective items may also benefit from a manufacturer’s defects warranty. Please see below for further details.

Returns Process:

Items can be returned using one of the following methods:

1. contacting us by calling +966115103212 to arrange collection of the item from your delivery address in KSA. A collection fee equivalent to the original delivery charge will apply unless the returned item was defective or incorrectly fulfilled; or
2. shipping the item to the following address: GAP E-Comm, Al Tayer warehouse, Street No 368/22, DM 75, Al Quoz Industrial Area 4. Shipping will be at your own expense unless the cost is pre-authorised by us due to the returned item being defective or incorrectly fulfilled. Please contact us on +966115103212 for pre-authorisation. Please note that any shipping costs to return items located outside the KSA will not be covered.

General conditions applicable to all Returns and Exchanges

In order to qualify for a refund, all items (including promotional gift items accompanying the Order) must be returned to us within 30 days of Order receipt:

1. unaltered, unused and in full saleable condition (or the condition in which they were received from us or our agents). Shoes must not have any soil or other damage;
2. in their original packaging/box/dust-cover and with all brand and product labels/tags/instructions still attached. Authenticity cards, where provided, should also be returned. Swimwear and underwear must have the original hygiene liner attached; and
3. accompanied by the original Order confirmation.

• Please take care to preserve the condition of any product packaging as, for example, damaged shoe boxes or unpacked packaged underwear may prevent re-sale and may mean that we cannot give you a full refund. Our agents may ask to inspect returned items at the point of collection but that initial inspection does not constitute a guarantee of your eligibility for a full refund.
• We regret but we cannot offer returns on the following categories of products: toiletries, products sold in Gap stores outside the Kingdom of Saudi Arabia, products not purchased via the Website, products sold on other Al Tayer Group websites. Sale products may be exchanged or refunded. Gift items can only be exchanged by the recipient, or returned with a refund given to the purchaser of the gift. The above is without prejudice to any rights you may have to return defective products.
• Any Amber points accrued on a returned purchase will be debited from your Amber account. Points will accrue on replacement items where applicable. Returned purchases which were paid for using Amber points will receive an online credit for the Website equal to the Amber points redemption value instead of Amber points being recredited. Please note that for systems reasons, in order to receive an online credit, guest check out customers will need to create a Website Account and register their details with us.
• We reserve the right to monitor returns and to refuse Orders from customers with excessive returns levels. However nothing in this Returns section is intended to affect any consumer rights that you may have under KSA law.

Exchanges

We do not offer exchanges at the moment and all items should follow the returns process with a new Order placed for the replacement items. Exchanged sale items which have been further reduced in price since the date of purchase may, at our discretion, only be exchanged for the reduced sale value.

Cancellation

You may contact us at any time prior to your Order being marked as “Processed” on our online Order tracking system to cancel or change it. If you do so, we will at your request either: (i) cancel it free of charge and issue you with a full refund or (ii) do our best to change it, subject to stock availability and any applicable price adjustment. If the Order has been processed, please await delivery and use the Returns process. We may cancel an order where you elect to pay through cash on delivery but you do not complete the SMS verification step on the basis described in the Orders section above.

Product Liability

By placing an Order through our Website, you acknowledge and agree that full liability for the products rests with the manufacturer and that we carry no product liability for those items save as described in the Returns section in relation to returning the products and refunding the price paid (where applicable).

Title to Goods

Title to the items in your Order will pass to you on the later of the day on which: (i) you pay us in full for those items; or (ii) the day you receive the items. Risk in the items in your Order passes to you on delivery to the address detailed in the Order.

Intellectual Property Rights

Your use of the Website and its contents does not grant you any copyright, design, trademark or other intellectual property rights relating to the Content (as described in the Content section below), including our software, HTML or other code contained in the Website. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Website is typically protected by national and international intellectual property laws and treaties. You are permitted to use the Content only as expressly authorized by us or the licensor of such Content. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, linking, commercially exploiting, copying and use of the above listed materials on any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying.

Content

In addition to the Intellectual Property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, layout or text on this Website. We have made every effort to ensure that the information on the Website is accurate and complete but we cannot promise that Content is error-free. We also do not promise that the functional aspects of the Website or Content will be error free or that this Website or the servers that make them available are free of viruses or other harmful components. We always recommend that you have up to date virus checking software installed.

User Generated Content

By providing a review you agree to be solely responsible for the content of all information you contribute. You also grant us a right to use any content you provide for our own purposes including republication, translation, editing, copying, and distributing the information in any form or media. We shall be under no obligation (i) to maintain any information in confidence; (ii) to pay compensation for any information; or (iii) to respond to any comments or information. Comments may be moderated and may not be displayed immediately but we do not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please contact us

You agree that your comments will not violate any right of any third party, including copyright, trade mark, privacy or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. We reserve the right in our sole discretion not to publish or to remove any comment including those that we believe may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This Website is available to the public and therefore information you consider confidential should not be posted to this Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by your or any third party.

Third Party Sites

Our Website may include hyperlinks to other websites or resources operated by third parties. We are not responsible for the content or accuracy of any pages that are not on our Website or their availability. We do not endorse and are not liable, directly or indirectly, for the privacy policies of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

Descriptions

At the time of publication on our Website, all product descriptions are believed to be accurate. We also strive to represent the products on our Website as accurately as possible, however colours and resolution may vary depending on your monitor’s display. All measurements and weights are approximate.

No Warranty

Except as otherwise provided in these Website Terms or required by applicable law, we make no representation, covenant or warranty and offer no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of Website membership, any Content, or any products purchased through the Website.

Your use of the Website is at your sole risk and it is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the Website at any time. Save as required by law, we make no warranties that access to the Website will be uninterrupted or error-free; that the Website will be secure; that the Website or the server that makes the site available will be virus-free; or that information on the site will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. If you download any content from the Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer or loss of data that results from the download of any such content. No advice or information obtained by you from the Website shall create any warranty of any kind.

Liability

Save for death or personal injury arising out of our negligence or as required by law, under no circumstances shall we, our affiliates, employees, directors, officers, agents or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Website, including, without limitation, damages for loss of profits, loss of goodwill or loss of data. Without prejudice to the foregoing, in no event will we be liable for any amounts in excess of the amount paid by you for the product(s) in respect of which the claim arose.

Nothing in this Agreement is intended to impact any rights you or we may have under applicable law. We are committed to respecting individual rights including but not limited to moral, cultural and religious rights as enshrined in applicable law.

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 Website Terms, including the use by third parties accessing the Website using your account caused by your action or inaction.

Entire Agreement

You acknowledge and agree that these Website Terms constitute the complete and exclusive agreement between us 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.

No Agency

Nothing contained in these Website Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.

Assigment

We may assign our rights under this Agreement to any entity under the ultimate beneficial control of the Al Tayer family.

No Waiver

Any failure to exercise or any delay by either party in exercising its rights or remedies under these Website Terms shall not be construed as a waiver thereof. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law.

Illegality

If any provision of these Website Terms is held to be illegal or unenforceable, the remaining Website Terms (or parts thereof) will not be affected and will remain in full force and effect.

language

These Website Terms are published in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will apply.

Disputes and Governing Law

These Website Terms are governed by the federal laws of the Kingdom of Saudi Arabia and all disputes arising hereunder are subject to the exclusive jurisdiction of the Jeddah courts.