Terms of Use

Last updated: 11/11/2024

Welcome to www.X-shoper.com (“Site”).

These Terms of Use and all policies and additional terms (if applicable) posted on the Site set out the terms on which we offer you access to and use of our Site, services, and applications, including our mobile application (collectively, the “Services”). You can find all of our policies and additional terms here: www.X-shoper.com (“Legal Documents”). These Legal Documents are incorporated by reference into these Terms of Use.

By accessing, registering, and/or continuing to use or access our Services, you are agreeing to be bound by these Terms of Use and the Legal Documents with immediate effect. These Terms of Use and the Legal Documents are subject to change by us at any time. Your continued use of the Site following any such change constitutes your agreement to these Terms of Use and Legal Documents as so modified.

References in these Terms of Use to “you” (or similar) are references to you as an individual or legal entity, ty as the case may be.

About our site

The Site is an e-commerce platform that allows enterprise users to offer and sell products, and individuals and enterprise entities to buy products.

We reserve the right to introduce new Services and update or withdraw any of the Services, in our sole discretion, and we will not be liable to you for exercising this discretion.

Eligibility and Registration Requirements
1. You are eligible to register as a buyer or seller and benefit from the Services if you meet the following eligibility criteria:
  1. For buyers:
    1. You are above the legal age for purchasing products in your country of residence, and
    2. You can provide an address in the UAE or the Kingdom of Saudi Arabia (“KSA”) for the delivery of products.
  2. For sellers:
    1. You are a legal entity duly registered in your jurisdiction;
    2. You have a current trade licence.
    3. You provide proof of authorisation for the individual who will be registering and using the Site;
    4. You provide identification for the authorised person.
    5. You can provide supporting bank details, and
    6. You acknowledge and agree that for certain product categories, additional requirements might be applicable.
2. To register for the Site, you will need to provide us with certain information. Your registration to the Site may not be accepted if you do not provide us with the required information. We reserve the right to decline any registration without further explanation. We reserve the right to undertake such checks as are necessary to verify your identity.
3. Once you have completed registration, your registration shall continue for an indefinite period, subject to suspension or termination by clause 6 of these Terms of Use.
Your obligations
1. When using or accessing the Services, you agree that you:
  1. are responsible for maintaining the confidentiality of, and restricting access to and use of your account and password, and accept responsibility for all activities that occur under your account and password;
  2. agree to immediately notify us of any unauthorised use of your password or account or any other breach of security;
  3. will provide true, accurate, current, and complete information about yourself and your use of the Services as required by us;
  4. will not disclose to any third party (except as required or requested by us) a user’s information provided to you; and
  5. will cooperate with our requests for additional information concerning your eligibility and usage of our Services.
2. When using or accessing the Services, you agree that you will not:
  1. Post, list, or upload in any manner any information which is blasphemous, defamatory, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
  2. Post, list, or upload content or items in inappropriate or prohibited categories or areas on our Site, including:
    1. Content or items that may be considered culturally or religiously offensive in any way;
    2. content or items which may not be considered to comply with general local law, Islamic law, rules, morals, values, ethics, and traditions;
    3. content or items that may threaten national security;
    4. content or items which may constitute or be considered to promote gambling;
    5. securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;
    6. living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means, whether artificial or natural;
    7. weapons of any description;
    8. liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, and medicines;
    9. Items that, to your knowledge, are defective, fake, damaged, fall, or misleading, or that may, through normal use, harm another Site user’s interest or health;
    10. non-transferable vouchers; and
    11. chemicals.
  3. post items you do not have the right to link to or include;
  4. post counterfeit or stolen items;
  5. breach or circumvent any laws, third party rights, or our systems, police, or determinations of your account status;
  6. Use our Services if you no longer fulfil the eligibility criteria, or are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our Services.
  7. fail to pay for items purchased by you, unless you have a valid reason as set out in any of our policies;
  8. fail to deliver items sold by you (if applicable), unless you have a valid reason as set out in any of our policies;
  9. Use the contact information provided to you during a transaction on the Site to solicit additional sales offline or on another website.
  10. manipulate the price of any item;
  11. interfere with any other user’s listings;
  12. Take any action that may undermine the Site’s feedback and ratings systems;
  13. post false, inaccurate, misleading, deceptive, defamatory, or similar content;
  14. transfer your account to another party without our prior written consent;
  15. distribute or post spam, unsolicited or bulk electronic communications, or similar;
  16. distribute viruses or any other technologies that may harm our Services or the interests or property of other users;
  17. infringe:
    1. the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights” ) that belong to or are licensed to us; or
    2. any Intellectual Property Rights that belong to third parties;
  18. harvest or otherwise collect information about users without their consent; or
  19. circumvent any technical measures we use to provide the Services.
TRADE IN PROGRAM
1. X-Shope, in collaboration with any third parties, may offer a trade-in service, wherein you may trade in your eligible electronic device (the “Trade-in Device”) upon the purchase of a new phone device (the “Trade-in Program”). The Trade-in Partner will provide you with an estimated value for the Trade-in Device (the “Trade-In Value”). The Trade-in Value will be credited to your registered X-Shoper account as X-Shoper credit. You can elect to have the X-Shopper credit transferred to your bank account. This Trade-In Program is only available for selected brands and devices purchased online via X-Shopper’s website at www.X-Shopper.com or the X-Shopper App via the Trade-in option.
2. The Trade-in Program is subject to the following terms set out here
intellectual property rights
1. Except for the rights expressly granted under these Terms of Use:
  1. All content included on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is our property or the property of our licensors. We (or our licensors, as the case may be) retain all right, title, and interest in and to the Site and the Services, including, without limitation, all Intellectual Property Rights therein; and
  2. All rights, title, and interest in and to any information, material, or other content that you provide in connection with your use of the Services, including all Intellectual Property Rights therein, will become our property.
2. You agree that you have no right to use any of our trademarks without our prior written consent.
3. All rights not expressly granted to you in these Terms of Use are reserved and retained by us or our licensors.
Warranties, representations & undertakings
1. You warrant, represe,nt and undertake thaYouyou shall fully comply and will at all times continue to fully comply with all applicable laws, statutes, and regulations, including, without limitation, all privacy laws and contentregulationsnYouou have full power and authority to enter into these Terms of Use, and the execution and performance of your obligations under these Terms of Use does not conflict with:
  1. 1. any laws, rules, regulations, or governmental guidelines to which you are subject; or
    2. any other agreements to which you are a party or to which you are otherwise bound;
  2. If you create or use an account on behalf of a business entity, you represent that you are authorised to act on behalf of such business and bind the business to these Terms of Use. Such an account is deemed to be owned and controlled by the business entity.
  3. You own or have the authority to grant the rights and licences granted to us by you under these Terms of Use; and
  4. Any content you submit as part of your use of the Services and any products that you list do not violate the rights of any third party anywhere in the world, including, without limitation, any Intellectual Property Rights (whether registered or not).
2. Subject to clause ‎5.1, the Services are provided to you on an “as is” basis without representations, warranties or conditions of any kind. We disclaim all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that the Services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all.
3. Furthermore, whilst we attempt to be as accurate as possible, we do not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. Additionally, as a buyer, you agree that we are not responsible for examining or warranting the listings or content provided by us or third parties through the Services, and that you will not attempt to hold us liable for any inaccuracies or defects in any of the listings. As a seller, it is your responsibility to review the content of your listings for accuracy, and you will not attempt to hold our catalogue/content providers or us responsible for inaccuracies.
Liability & indemnities
1. Nothing in these Terms of Use shall limit or exclude a party’s liability:
  1. for fraud, including fraudulent misrepresentation, perpetrated by that party;
  2. for death or personal injury caused by the negligence of that party; or
  3. for any other liability that cannot be limited or excluded under applicable law.
2. Subject to clause ‎5.1, in no event will we, our parent company, subsidiaries and affiliates, and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or about these Terms of Use for loss of profits, loss of data or information, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.
3. In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
  1. the content or other information you provide when using the Services;
  2. your use of or your inability to use our Services;
  3. pricing, shipping, format, or other guidance provided by us;
  4. delays or disruptions in our Services;
  5. viruses or other malicious software obtained by accessing or linking to our Services;
  6. bugs, errors, or inaccuracies of any kind in our Services;
  7. damage to your hardware device from the use of products sold on the Site or our Services;
  8. the content, actions, or inactions of third parties using our Services;
  9. a suspension or other action taken by us concerning your use of the Services;
  10. the duration or manner in which your listings appear in search results; or
  11. You need to modify practices, content, or behaviour, or you will lose or be unable to do business as a result of changes to these Terms of Use.
4. Subject to clause ‎5.1, if clauses ‎5.2 or ‎5.3 are held to be unenforceable or inapplicable for any reason, then the total liability applicable to us, our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employee, suppliers, subcontractors or licensors, to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of orabouto these Terms of Use shall be limited to the lower of:
  1. the price the item sold for on our Site and its original shipping costs; and
  2. the amount of fees in dispute not to exceed the total fees that you paid to us in the twelve (12) months before the action giving rise to the liability; or
  3. SAR 300.
5. You agree to indemnify and hold us, our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employee, suppliers, subcontractors or licensors harmless from and against any losses, damages and expenses (including legal fees and attorney’s fees) (“Claims”) arising out of or relating to:
  1. Any claims or demands made by any third party due to or arising out of your use of the Services;
  2. your violation of any of the provisions of these Terms of Use, including, without limitation, any of the warranties, representations, and undertakings;
  3. your violation of any applicable laws, including, without limitation, data protection or anti-spam laws; orhowh you use our Services, including, without limitation, that the content you post, the items you list or your trademarks infringe the Intellectual Property Rights of any third party or that the content of your listings is slanderous, defamatory, obscene or violates any other rights (including privacy rights) of any third party (including other Site users).
SUSPENSION, TERMINATION & CANCELLATION
1. We may, at our sole discretion and without prejudice to any of our rights and remedies and any liability to you, we may limit, suspend or permanently withdraw your access of our Services, cancel any product(s) order and/or remove hosted content submitted by you for any reason including, without limitation, the following:
  1. If we believe that you have infringed, breached, violated, abused, unethically manipulated, or exploited any term of these Terms of Use;
  2. If you use our Platform or Services for any unlawful and fraudulent purposes or in connection with a criminal offence or abuse our policy and rules;
  3. You are suspected of inventory abuse or placing a bulk order. The following shall (without limitation) constitute inventory abuse or placing a bulk order:
    - Products ordered are not for self-consumption but for commercial resale.
    - Multiple orders were processed for the same product at the same address, depending on the product category.
    - Bulk quantity of the same product ordered;
    - Invalid address given in the order details.
    - Any abuse or fraud used to place the order, or
    - Any order placed using a technological glitch/loophole.
2. We reserve our right to take appropriate action if you are suspected of acting fraudulently or if you file invalid and/or false claims or provide false, incomplete, or misleading information. You may be considered to be engaging in fraudulent activities if any of the following (without limitation) are met:
  1. You don’t reply to the payment verification mail sent by us.
  2. You fail to produce adequate documents during the payment details verification.
  3. You misuse credentials not belong to you.
  4. You use an invalid address, email, and phone no.
  5. You attempt to overuse a voucher code.
  6. You return a wrong or damaged product;
  7. You refuse to pay for an order.
  8. For COD items, you use fake currency notes to make the payment.
  9. You abuse or harass the delivery staff.
  10. miscellaneous activities conducted with the sole intent
  11. to cause loss to business/revenue to X-Shoper;
  12. Your return, undeliverable rate is very high, and often the returned products are missing, fake, or damaged; or
  13. Repeat requests for monetary compensation.
3. If your access to our Services or our Platform is terminated for any reason, we may delete any content or other materials relating to your use of the Service (including any credits earned through loyalty programs or reward points), and we will have no liability to you or any third party for doing so. However, your transaction details may be preserved by us for purposes of tax or regulatory compliance.
4. For the avoidance of doubt, any amounts paid and received by us in relation to a cancelled product(s) order will be refunded.
REPORTING VIOLATIONS OF THESE TERMS OF USE
1. We are committed to ensuring that listed items and content on our Site comply with these Terms of Use. If you believe that a listed item or content breaches these Terms of Use, please notify us of the details in clause ‎‎8.12, and we will investigate.
X-SHOPPER AFFILIATES & ADDITIONAL FUNCTIONS
1. X-Shoper E Commerce Solutions One Person Company LLC and/or its affiliates (“X-Shoper Affiliates”) provide website features and other products and services to you when you use or sign up as a buyer and/or seller on the Site. “Affiliate” means, concerning a particular person, any entity that directly or indirectly controls, is controlled by, or is under common control with such person.
2. To enhance your experience across the Site and with X-Shoper Affiliates, you hereby agree that we may set-up additional services, functions and/or accounts on your behalf, by using the information you provide to us on the Site.
General
1. Governing Law. These Terms of Use and any non-contractual rights or obligations arising out of or in connection with them shall be governed by and construed under the applicable laws of KSA.
2. Dispute Resolution. If you have an issue with our Services, please contact us. We will endeavour to resolve your issue as soon as possible. Any disputes or Claims arising out of or in connection with these Terms of Use, including any non-contractual rights or obligations arising out of or in connection with these Terms of Use, shall be referred to and finally resolved by KSA courts.
3. Third Party Rights. A person who is not a party to these Terms of Use has no right to enforce any of their terms.
4. Relationship of the Parties. Nothing contained in these Terms of Use will be deemed or construed by the parties or any third party to create the relationship of partnership, joint venture or agency between the parties, it being understood that the parties will at all times remain independent parties contracting for Services.
5. Further Assurances. The parties will do and execute or arrange for the doing and executing of each necessary act, document and thing reasonably within its power to implement and give effect to these Terms of Use to its full extent, including, without limitation, assisting each other in complying with applicable law.
6. Assignment. These Terms of Use will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Use or any of your rights or obligations under these Terms of Use, whether directly or indirectly, without first obtaining our prior written consent, such consent not to be unreasonably withheld.
7. Entire Agreement. These Terms of Use and the documents referred to or incorporated herein by reference contain the entire agreement between the parties concerning the subject matter and supersede all prior agreements, negotiations, and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Use and the documents referred to or incorporated into these Terms of Use by reference, there are no conditions, representations, warranties, undertakings or agreements between the parties, whether direct, indirect, collateral, express or implied.
8. Amendment. These Terms of Use cannot be modified, varied, amended, or supplemented in any way by you. We reserve the right to modify, vary, amend, or supplement these Terms of Use at any time and from time to time. We will post the current version of these Terms of Use on the Site, and each such change will be effective upon posting on the Site or upon the date designated by us as the “effective date” (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and your acceptance of these Terms of Use as so modified.
9. Severability. If any provision of these Terms of Use is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms of Use and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.
10. Force Majeure. Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or Services to us, labour disruptions, blackouts, embargoes).
11. No Waiver. Any waiver by us of any of the provisions of these Terms of Use will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.
12. Communications. You can reach out to us by, going to the ‘Account’ section, click on ‘Need Help?’
13. Survival. All provisions that either expressly or by their nature survive will survive suspension or termination of your membership of the Site.
Cross Border (Global)
1. These terms and conditions are in addition to the standard Terms of Sale and Terms of Use on our website and mobile applications. Title and risk of loss for the items transfer to the recipient upon delivery to the carrier in the [UAE/ outside the destination country].
2. Each item in your order is sold by Bandidos Retail LLC, a subsidiary of the X-Shoper group (“X-Shoper”) or the seller that the item is specified as sold by (“Seller”).
3. Import Charges
  1. Those items for shipment to countries outside of the United Arab Emirates (UAE) may be subject to taxes, customs duties, government charges, and any other costs levied by the destination country (“ImportFee”). When purchasing International Products, you acknowledge that the sale occurs outside of the destination country and that you are importing the products for your personal use, which will be reflected on customs documentation. The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Charges.
  2. Further, in the event you wish to receive the order in the Kingdom of Saudi Arabia (KSA), you shall provide proof of residence, if any, on demand and may be subject to the legal requirements of KSA, including but not limited to Iqama validation. Concerningo each item for which Import Charges have been calculated, you authorize X-Shoper or Seller (as applicable) to designate a carrier or agent (“Designated Carrier”) to act as your direct or indirect representative/ agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, process and remit your actual Import Charges for such item and and provide any other information about you or your order to any governmental authority in the destination country or abroad, as may be requested.
  3. “Import Charges Deposit” represents an estimate of the Import Charges that will be levied on the items in your order for shipment to countries outside of the UAE. By placing your order, you agree to allow X-Shoper and/or Seller (as applicable) to collect the Import Charges Deposit for the applicable items in your order. This fee will be used, on your behalf, to reimburse the Designated Carriers for the Import Charges that they have paid on your behalf to the appropriate authorities of the destination country.
  4. You further agree that the Designated Carriers may disclose to X-Shoper or Seller (as applicable) the amount of actual Import Charges along with any other charges incurred by X-Shoper or Seller to make the order available to you outside the UAE, levied on the item you have purchased from X-Shoper and/or Seller.
  5. In the case of gifts or purchases made on behalf of another recipient, you also agree to grant the foregoing authorizations on behalf of the recipient designated in your order.
  6. Imports are subject to opening and inspection by customs and/or postal authorities. We may provide certain order, shipment, and product information, such as product names or titles, to the Designated Carriers, and such information may be communicated by the Designated Carriers to customs and/or postal authorities to facilitate customs clearance and comply with local laws. Customs authorities require the value of the gift item to be stated directly on the package. Therefore, even if the order is a gift, the package will be marked “Gift,” but the cost of the item will be stated on the customs form.
  7. To obtain details regarding the Import Charges, or to obtain documentation or receipts in connection with customs clearance, you may contact the Designated Carrier specified in your shipment confirmation.
  8. We will require you to provide us with your ID number and full name to ensure smooth customs clearance and prompt delivery of your order. Acceptable documents include your National ID, name, and number, or your name and number on any government-issued document providing proof of residence. Please note that the name on the ID card must match the name used for the order. For more information, you can visit this link to the Saudi Customs website.
4. Returns and Refunds
  1. In case of return of the items, in addition to the existing return conditions applicable to such items that are available on our website and mobile applications, you acknowledge that you will not receive any refund for the Import Charges.
  2. When you request to return an item, the Seller may (at its sole discretion) elect to issue a refund without requiring a return, or require that you return the product to an address located either inside the KSA or, if different, your delivery country (“Local Return Destination“).
  3. If you are required to return the item to a Local Return Destination, X-Shoper will decide (in its sole discretion) whether to forward the item to an address that is outside both KSA and your delivery country (“International Return Destination“), or otherwise how to handle it. By initiating the returns process, you expressly authorize X-Shoper to handle the returned product on your behalf. If the returned product is ultimately forwarded to the International Return Destination, you will be responsible for clearing the goods (as exporter of record), and you authorize us to do so on your behalf by allowing X-Shoper to designate a carrier who will act as your direct or indirect representative/agent with the relevant customs and tax authorities in the country of exportation.
5. General
  1. Please note that Sellers may have policies that differ from X-Shoper’s terms and conditions. For items you have purchased from a Seller, please see the applicable Seller’s policies for any other terms and conditions that may apply to your purchase of such items, including the warranty of such items.
  2. International items are marketed, distributed, and sold in the applicable source country listed in the above section, but made available to you through X-Shoper. Consequently, some international items may not be designed to the same specifications as products of the destination country and may differ from versions sold in the destination country, including in their fit, default settings, age ratings, and language. Foreign versions of certain items, such as software and phones, may be region-locked against use in the destination country. Manufacturer warranties may not apply in the destination country, and manufacturer service options may not be available. You are responsible for reviewing available product information to ensure that the international item you are purchasing meets your needs and expectations.
  3. To the extent permitted by law, these terms are governed by and construed by the laws of the Dubai International Finance Center (“DIFC”). Any dispute shall be finally settled by arbitration under the Arbitration Rules of the Dubai International Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be the DIFC. The language to be used in the arbitration shall be English.
  4. We reserve the right to make changes to these terms and conditions at any time by posting the changes on our website. You will be subject to the terms, conditions, and policies in force at the time that you purchase the items.
  5. The Arabic version of these terms and conditions was translated from English. The English language version is the definitive version. In case of inconsistency or ambiguity between the Arabic text and the English text, the English text will prevail.

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