Introduction
These Terms and Conditions govern the use of the Qitea Platform and any related applications, websites, or services, owned or operated by Lambda Co. Ltd., headquartered in Jeddah, Makkah Region, Kingdom of Saudi Arabia, at Tariq Jami‘a, Jeddah 23793.
By using the Platform, creating an account, placing an order, or continuing to use any of its services, the user acknowledges that they have read, understood, and agreed to these Terms, and further agrees to comply with all laws and regulations applicable in the Kingdom of Saudi Arabia.
Regulatory Framework
These Terms shall be interpreted and applied in accordance with the laws and regulations applicable in the Kingdom of Saudi Arabia, including, without limitation, the Personal Data Protection Law and its Implementing Regulations issued by the Saudi Data and Artificial Intelligence Authority (SDAIA), the E-Commerce Law, and, where applicable, the regulations of the Communications, Space and Technology Commission (CST) relating to cloud computing services or related technical infrastructure.
Privacy Policy and Personal Data Protection
The Privacy Policy of the Qitea Platform forms an integral part of these Terms and must be reviewed before or at the time of account creation, use of the services, or submission of any personal data. The Privacy Policy sets out, in particular, the identity of the data controller and the means of contacting it, any designated channel for inquiries and requests relating to personal data protection, the purposes of processing personal data and the legal basis for each purpose, retention periods or the criteria used to determine them, data subject rights and the mechanisms for exercising them, how consent may be withdrawn where consent is the legal basis for processing, and whether certain data is mandatory or optional and the consequences of failing to provide it.
Definitions
For the purposes of these Terms, the following words and expressions shall have the meanings assigned to them below, unless the context requires otherwise:
- Platform: The Qitea electronic platform and any related website, application, portals, or supporting services.
- Company: Lambda Co. Ltd., the owner or operator of the Platform.
- User: Any person who visits, uses, or creates an account on the Platform.
- Customer: A user who orders spare parts or related services through the Platform, whether as an individual or a workshop.
- Merchant: A store, warehouse, or product supplier approved to display its products through the Platform.
- Driver / Delivery Partner: Any person or entity responsible for collection or delivery where delivery services are enabled.
- Order: Any purchase order, inquiry, reservation, or transaction made through the Platform.
- Product: Any spare part, accessory, or related product displayed on the Platform.
- Content: Any data, images, text, marks, descriptions, or materials uploaded to or displayed on the Platform.
- Verification Code: A one-time password (OTP) sent to a mobile number for registration, login, electronic signature, or verification of transactions.
- Fees: Any commission, subscription, service fee, delivery fee, or any other financial charge announced by the Platform pursuant to these Terms or any Fee Schedule.
Eligibility and Account Creation
- 4.1 To use the Platform or create an account, the user must have full legal capacity to enter into the required legal acts, or must use the Platform through a duly authorized representative.
- 4.2 The user shall provide true, current, and complete information upon registration or when using the services.
- 4.3 The Platform may require verification through OTP or any other appropriate verification method before activating an account, completing certain transactions, or approving certain contracts or amendments.
- 4.4 The user shall maintain the confidentiality of their account credentials and shall not permit any third party to use the account without lawful authorization. The user shall be responsible for activities conducted through the account unless proven otherwise.
- 4.5 The Platform may suspend, restrict, or close an account temporarily or permanently if it determines that false information has been provided, unlawful use has occurred, or these Terms or any related policy has been breached.
- 4.6 If the user is a merchant or product provider, its relationship with the Platform shall also be subject to the Merchant Terms and the Platform’s approved operational policies. In the event of conflict, the Merchant Terms shall prevail with respect to matters concerning the merchant’s commercial relationship with the Platform.
Nature of the Service
- 5.1 The Platform operates as a multi-vendor electronic marketplace for automotive spare parts within the Kingdom of Saudi Arabia.
- 5.2 The Platform enables customers to search for suitable parts based on vehicle details, part number, or other relevant criteria, and enables merchants to display their products, prices, and availability in accordance with the system settings.
- 5.3 Delivery services may be made available through Platform drivers, delivery partners, or in-store pickup, depending on the area, order settings, and operational coverage.
- 5.4 The display of a product on the Platform does not constitute an absolute commitment as to availability until the order has been accepted, confirmed, or allocated by the merchant in accordance with the applicable fulfillment workflow.
User and Customer Obligations
- 6.1 The user shall use the Platform solely for lawful purposes.
- 6.2 The customer shall enter vehicle details, order information, address, and contact details accurately, and shall be responsible for any consequences arising from inaccurate or incomplete information.
- 6.3 The customer shall review the specifications, compatibility, and installation requirements of the part before completing the order, unless the Platform or the merchant has expressly assumed full technical verification responsibility.
- 6.4 The user shall not misuse support services, submit malicious or misleading reports or claims, or abuse complaint or return mechanisms.
- 6.5 The user shall not republish, copy, exploit, or otherwise use the Platform’s content, data, prices, images, or interfaces without the prior written consent of the rights holder.
Orders, Payment, Invoices, and Taxes
- 7.1 The Platform may offer electronic payment options through approved payment gateways, or cash on delivery, depending on what is available for each order, area, or merchant.
- 7.2 Before confirmation of an order, where possible, the customer shall be shown the product details, price, delivery charges, service fees, applicable taxes, and total amount payable.
- 7.3 In the case of electronic payment, the Platform or the approved payment provider may process authorization, collection, or refund in accordance with the announced payment policy and the payment provider’s terms.
- 7.4 In the case of cash on delivery, the customer shall pay the amount due using the payment method available for that order.
- 7.5 Invoices, financial notices, or transaction records shall be issued in accordance with the operating model and applicable laws.
- 7.6 Each party shall bear its own tax and regulatory obligations in accordance with applicable laws, including tax where applicable.
Cancellation, Returns, Replacement, and Disputes
Order Cancellation
- a. The customer may cancel an order before it is accepted by the merchant, unless the order is a special order that has already commenced execution in accordance with what was clearly disclosed before contracting.
- b. If execution or delivery of the order is delayed beyond the agreed time, or if the delay exceeds fifteen (15) days from the date of contracting where no date was specified or where the specified date was not honored, the customer may request cancellation and a refund in accordance with applicable laws, unless the delay is caused by force majeure or circumstances beyond reasonable control as recognized by law.
- c. After acceptance and commencement of preparation, cancellation or amendment may only be made in accordance with lawful cases or with the consent of the merchant and the Platform, depending on the operating model, without prejudice to consumer rights prescribed by law.
Acceptable Grounds for Return or Replacement
The customer may request a return or replacement, as applicable, in the following cases:
- a. The part does not match its description or part number.
- b. The part is defective or damaged upon receipt.
- c. There is a shortage in quantity or an incorrect item has been sent.
- d. The part becomes unavailable after acceptance of the order; the order shall be cancelled and the full paid amount, if any, shall be refunded.
Right to Return an Unused Product
Subject to any legal or technical exceptions clearly disclosed before purchase, the customer may request return of a product within seven (7) days from receipt or contracting, provided that the product is unused, unopened, and uninstalled where the nature of the product so permits, and remains suitable for resale, without prejudice to cases of non-conformity, damage, defect, or erroneous dispatch.
Non-Returnable Products or Exception Cases
Subject to applicable law and required disclosures before contracting, returns may not be accepted, in whole or in part, in the following cases:
- a. Parts opened, installed, or used, unless a defect or non-conformity is established.
- b. Sensitive electrical or electronic parts, unless a defect or non-conformity is established.
- c. Special/custom orders depending on the nature of the product and disclosures made before purchase.
- d. Any other case permitted by law, provided it was clearly disclosed before contracting.
Reverse Shipping Charges
- a. Where the return is attributable to the merchant’s error, non-conformity, damage, or defect, the merchant shall bear reverse shipping charges.
- b. Where the return is due to a change of mind or incorrect selection, the customer shall bear reverse shipping charges if the merchant accepts the return and no contrary legal right applies.
Objection Period
- a. Within forty-eight (48) hours from receipt for uninstalled parts in cases of non-conformity, shortage, or error.
- b. Within twenty-four (24) hours from receipt for visible damage/deterioration, together with supporting evidence.
- c. The foregoing shall not prejudice any broader right granted by law.
Objection Procedure and Dispute Resolution
Objections or return requests shall be submitted through the channels designated by the Platform, together with supporting evidence. The Platform shall conduct an initial review within no more than three (3) business days from receipt of complete documents and may coordinate with relevant parties to reach a reasoned resolution.
Refunds
Where cancellation or return is accepted, or where unavailability or execution error is established, amounts due shall be refunded to the original payment method where possible (or any other lawful method) within the timeframe required by law/payment providers, without undue delay.
Content and Intellectual Property Rights
- 9.1 All rights in the Platform, including software, interfaces, designs, logos, trademarks, and Company-owned content, are reserved to the Company or its licensors.
- 9.2 Any merchant/user uploading content represents it has lawful rights and grants the Platform a non-exclusive license to use/display such content as necessary to provide/market the service.
- 9.3 It is prohibited to remove or alter ownership/rights notices from Platform content.
Prohibited Uses and Anti-Fraud
Users, merchants, and any other party are prohibited from:
- a. Using the Platform in a manner that violates laws, public morals, or the lawful rights of others.
- b. Entering misleading, inaccurate, or unlawful data, products, or descriptions.
- c. Using malicious software, attempting unauthorized access, fraud, technical exploitation, or extracting data without authorization.
- d. Using accounts, APIs, verification codes, or communication channels in a fraudulent, random, abusive, or improper manner.
- e. Contacting customers or exploiting their data outside lawful fulfillment where such conduct violates these Terms/Merchant Terms/applicable laws.
- f. Circumventing fees, commissions, settlement procedures, or verification processes.
The Platform may take preventive/corrective measures including suspension, blocking, cancellation of orders, restriction of accounts, or reporting violations where necessary.
Security, Confidentiality, and Data Incidents
The Platform shall implement appropriate organizational, administrative, and technical measures to protect personal data and order/transaction data against loss, misuse, unauthorized access, alteration, disclosure, or destruction, proportionate to data nature and risk. Where a personal data incident requires notification under applicable law, the Platform shall take appropriate measures including notifying authorities and data subjects where required.
Limitation of Liability and Disclaimer
- 11.1 The Platform acts as a technical/operational intermediary between customers and merchants, and may provide delivery/coordination/support depending on the operating model.
- 11.2 Unless expressly stated otherwise, the Platform does not guarantee availability of all products at all times, uninterrupted/error-free service, or always-complete data.
- 11.3 The merchant remains responsible for product data accuracy, descriptions, prices, availability, warranties, and legal compliance; each party bears responsibility for its own acts/obligations.
- 11.4 Liability shall not be excluded/limited where such exclusion/limitation is not permitted by applicable law.
- 11.5 No limitation/exclusion applies in cases of fraud, willful misconduct, or non-excludable violations under applicable law.
Notices, Communications, and Data Protection
- 12.1 The Platform may send notices via SMS, email, in-app notifications, or any registered communication method.
- 12.2 Notices sent to registered contact details are deemed effective from dispatch/availability depending on the method.
Sharing Data with Third Parties
The Platform may share certain personal/order/usage data with categories of third parties (payment providers, verification/SMS/OTP providers, maps/location, hosting/cloud/infra providers, analytics, support, delivery partners, and competent authorities where required) to the minimum necessary and under appropriate confidentiality obligations.
Transfer or Disclosure of Data Outside the Kingdom
If operation requires transfer/disclosure of personal data outside KSA, it shall be done in accordance with applicable laws/regulations, only as necessary, with a valid legal basis and purpose, with safeguards, and any additional requirements depending on transfer/recipient/data type. The Privacy Policy shall specify categories/jurisdictions, data types, purposes, and safeguards where applicable.
Data Subject Rights and Request Procedure
Subject to applicable law, data subjects may have rights to be informed, access data, obtain a copy, correct/update/complete, request destruction in lawful cases, and withdraw consent where consent is the legal basis.
Requests shall be submitted via: privacy@qiteapp.com. The Platform may request identity verification and will respond within no more than thirty (30) days (extendable where permitted with notice).
Data Retention
The Platform retains personal data only as long as necessary for purposes collected unless longer retention is required by law/contract/disputes/claims/legitimate interests. The Privacy Policy specifies retention periods/criteria and disposal/anonymization methods.
Amendments to the Terms
- 13.1 The Platform may amend these Terms from time to time in line with operational, legal, or technical developments.
- 13.2 The updated version takes effect from publication or the specified effective date.
- 13.3 Continued use after effectiveness constitutes acceptance to the extent permitted by law.
Governing Law and Jurisdiction
These Terms are governed by the laws of the Kingdom of Saudi Arabia, and the competent courts within the Kingdom shall have jurisdiction unless the law requires otherwise.
Contact Information and Complaints
For communications, inquiries, or complaints relating to these Terms, use of the Platform, or personal data:
- Email: info@qiteapp.com
- Privacy Email: privacy@qiteapp.com
- Phone: +966129873657